The Tunisian Government: An Example of Countercultural Presence

By Rabih Hasbany

News

Tunisian President Beji Caid Essebsi submitted a proposal to Parliament that aims to grant women equal inheritance rights with men. This proposal would reform the existing code that limits a woman’s share to only half that of men, in line with traditional Islamic legal understanding. In doing so, Tunisia would be the first country in the Arab world to instate equal inheritance. The announcement came after a demonstration last spring by women, and some men, who took to the streets in Tunisia demanding equal inheritance rights.

Islamic traditions specify not only particular heirs but also the precise percentages granted to each. This follows the Quranic command to afford women half the share of men. Article 179 of the Tunisian law permits individuals to distribute only one-third of their inheritance in a will, and this person cannot grant that third to any of their legally defined heirs without the consent of the others, provisions stemming from a hadith in the collection of Sahih al-Bukhari.

Analysis

There may have been a time when men were solely responsible for the financial wellbeing of women and children, providing accommodation, education fees and other expenses with little or no monetary contribution from the woman’s side. However, this no longer reflects present-day realities, as the percentage of women in the labor force has been increasing steadily throughout the Arab world. As a result, some Muslim women consider the current system no longer reflective of contemporary life.

Another factor to consider is the high rate of divorce in most Arab countries. This has drastically changed the concept of what constitutes a family nucleus, whereby mothers become essentially the sole caretakers of their children. In many cases of divorce, women become entangled in court proceedings regarding alimony, or find that the alimony they receive is insufficient. Furthermore, there are women, who may be single, divorced or widowed, who want to be independent from the financial guardianship of a male and wish to depend not on their former husbands or brothers for financial support.

Tunisia is a secular state. But as a predominantly Muslim society, such a debate over equal inheritance rights for women is certainly controversial. A number of Tunisian Imams expressed their opposition to the president’s proposal, calling it “a flagrant violation of the precepts of Islam.” In their view, the Quran is clear on this matter, Chapter 4, Verse 11 declaring: “For the male, the share of two females.”

The Tunisian approach can be seen as a model for all Arab countries. However, each must examine its own context as it relates to alimony, government housing subsidies, and all policies related to the wellbeing and status of women. They should look at the benefits of women obtaining additional income and take this opportunity to revisit their legal codes toward the betterment of their families and society in general.

Theological and Misssiological Reflections

The church in the MENA region may follow the example of the Tunisian government in taking a countercultural step to promote justice and equality, working for the common good of families and communities within its context. The church has the opportunity to demonstrate the countercultural incarnational presence of God. The key is building relationships, and becoming close enough with people to truly listen to them, understand their needs, hopes and dreams, and ultimately come to love them.

The church is the primary avenue through which countercultural transformation can and should happen. By reflecting the truth and grace of God, the church presents a community wherein its members strive together as a community of broken sinners moving in the direction of holiness. Our communities are in need of transformational ministries wherein those often labeled as sinners, justifiably or not, are loved, accepted and invited to participate on a journey from brokenness to triumph.

The church has a countercultural mission. The church that will change the world is one that provides a refreshing alternative to, rather than an uncritical affirmation of, the way things already exist. In an unjust world, the church is called to have a prophetic voice that not only criticizes current realities but also present an alternative.

The question to the Tunisian churches is: Are they listening to the cultural changes taking place in their communities? How are they reflecting on these changes? The realities facing Tunisian society may be a call for the local church to be better prepared to embrace all women, divorced, widowed or otherwise socially vulnerable. Not only is the Tunisian church, but the global church is also called to be a countercultural, incarnational presence that seeks to better understand local contexts, provide opportunities for individual and social transformation, and present an alternative, countercultural vision to the unjust reality as it currently existing throughout the region.