Tunisia has often been commended for its progressive stance on womenâs rights and viewed as a role model for family law reform in the Muslim world. Judging Womenâs Rights, Gender & Citizenship in Ben Ali's Tunisia weaves together intimate stories and theory to demystify claims that the progressive laws supported gender equality in practice. Through the eyes of citizens and legal professionals, it reveals how women and men experienced their rights under Ben Aliâs repressive regime, tracing connections between gender, ethics and the law. This accessibly written book provides a vital backdrop for understanding contemporary debates in Tunisia where womenâs rights remain a hotly contested topic.
Sarah Grosso, PhD (LSE, 2014), teaches at Webster University. A counsellor and consultant, she has worked for international organisations including UNICEF, UNESCO and the ICRC. Sarah has published articles and book chapters on Tunisia, womenâs rights, gender and anthropology.
Acknowledgements
Part 1: Dark and Light
1 Prologue: Engendering Change
â1âLa vie en mauve: Documenting Womenâs Rights in the Time of Ben Ali
2 Encounters: Judging Citizenship
âInterlude: the Bourguiba Institute of Modern Languages, April 2007
3 Law Lessons: Judging the Law
âInterlude: Ministry of Statistics, May 2007
âInterlude: Before and After: Marriage and Divorce
4 Before and After
â1âTradition or Innovation?
âInterlude: Judging Divorce
7 Listening to Silences
â1âEncounters
â2âConnections
â3âListening to Silences
â4âAnthropologist or Spy?
â5âEncounters in the Fields
â6âVulnerable Lives
Part 2: Family
âInterlude: Knowing Whom to Trust
8 Becoming
â1âThe Safety Pin
â2âSeeing the Invisible
â3âPerforming Identity
9 Creating Homes
10 Creating Friends
â1âNo Return
11 Marriage Is like a Watermelon
â1âConsent
12 Creating Marriage
â1âMother and Daughter: Marriage across Two Generations
13 Good Wife; Ideal Husband
â1âGood Wives
â2âIdeal Husbands
âInterlude: Finding the Ideal Husband?
14 Sex and the City
15 Making a Living
â1âShrinking Families
â2âIncreasing Living Costs
âInterlude: the Hunter and Rim (Part 1)
16 Womanâs Work
â1âReal v Ideal
â2âDislocated Marriages
âInterlude: Reciprocity
âInterlude: the Unthinkable
17 Breaking Marriage: Those Who Can(not) Divorce
â1âThose Who Did Not Divorce
â2âThe Stigma of Divorce
Part 3: Law
âInterlude: in Between
18 Court House
â1âSetting the Scene
â2âOutside In
19 Inside Out: the Court Office
â1âThe Court Staff
â2âFrom Morouj to the Court: the Story of Karima
â3âOn Marriage and Motherhood
â4ââFamily Atmosphereâ and Neighbourhood Spirit
â5âAttitudes to Divorce
âInterlude: Judge and Justice
20 From Both Sides: Encountering the State
â1âNavigating Legal Territories
â2âJudging Ideal Husbands and Wives
21 Under the Spotlight: Public Hearings
âInterlude: the Hunter and Rim (Part 2)
22 Seeing Like a Court
23 Behind the Scenes
â1âReconciliation?
â2âReconciliation Sessions: the Legal Framework
â3âDefining âHarmâ
24 Reconciliation as Theatre
â1âThe Reconciliation Judge: âI Must Make Them Feel I Am Not Judging Themâ
â2âSuspicion and Sympathy
â3âDeconstructing the Ideal Husband
â4âDeconstructing the Good Wife
âInterlude: Maktoub (1)
25 Stepping Out of the Page
26 A File Is Born
â1âMaking Files
â2âMaking Evidence
â3âProof of âHarmâ
27 Maktoub: Documenting Divorce for Harm
â1âLitigant Strategies
â2âDocumenting Bad Husbands: Not Maintaining the Family
â3âDocumenting Bad Wives: Leaving the Marital Home
â4âA Tale of Two Contrasting Cases
â5âListening to Evidence
28 Maktoub: Poetic Justice in Divorce without Grounds
â1âCustomized Arguments
â2âWriting Good Husbands and Wives
29 The Cost of Divorce
â1âBattles for Compensation
â2âWriting Morality and Legitimacy
30 Dislocated Families
â1âThe Real Cost of Divorce
â2âGendering Parental Duties: the Legal Framework
31 Making âBadâ Mothers
â1âAbsent Mothers
â2âUnfit Mothers
â3â(The Loss of) Custody as a Cost of Divorce
â4âInterest of the Child
32 Politics and Patriline
â1âBreaking Families
Part 4: Judging Womenâs Rights
33 Towards a Relational Reading of Womenâs Rights
â1âWomenâs Rights; Menâs Wrongs
â2âRecreating Gender and Citizenship
â3âRelational Rights: Family Law Begins at Home
â4âPerforming Citizenship
â5âSmoke and Mirrors: Judging Womenâs Rights
Afterword: Available Light
34 Reflections on Womenâs Rights in Post-revolutionary Tunisia and Beyond
â1âSafeguarding the PSC
â2ââSame, Same, but Differentâ: Defining Gender Equality
â3âReforming Gender since the 2011 Revolution
âInterlude: The Two Hajj
â4âSeeking Authenticity: the âRealâ Tunisia?
â5âInspiration: Transposing Womenâs Rights
â6âListening to Men
â7âFinding Light in Dark Places: Reading Womenâs Rights
â8âGlimmers: the Joys of Fatherhood
Bibliography
Students and scholars of gender studies, womenâs rights, and anthropology.