Customary Marriage Threatens Women's Rights Gains in Tunisia, Warns Advocate

Tunisia faces a subtle yet persistent threat to women's rights through the normalization of customary marriages, warns Radhia Jerbi, President of the National Union of Tunisian Women (UNFT). These informal unions, often sealed with only a verbal agreement or a private contract not registered with authorities, undermine the country's Personal Status Code (CSP). Jerbi highlighted that this offensive, once overt, has now become more insidious, aiming to establish these practices as societal faits accomplis.

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Subtle attempts are being made today to trivialize customary marriage and weaken the Personal Status Code (CSP) in Tunisia.

Jerbi detailed various forms of these extra-legal unions, including the "Ndirou El Halal" practice, which involves a verbal agreement and recitation of the Fatiha without any written documentation. She also noted the importation of such methods by members of the Muslim community living abroad. These clandestine arrangements carry severe human and legal consequences, often creating immense difficulties in establishing paternity, registering children, and defining fathers' legal responsibilities.

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This reality clandestine leads to heavy human and legal consequences.

"Customary marriage threatens women's gains," Jerbi stated, expressing alarm at the situation. Her organization regularly handles complex cases involving couples, including students, united only by verbal consent. This reality, she argues, constitutes an attack on public order and the achievements of the civil status system. Jerbi urged notaries, legal professionals, and civil society to mobilize firmly to halt these deviations and safeguard the fundamental rights of Tunisian women.

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Customary marriage threatens women's gains.