Tunisia: Women's union warns of rising customary marriages undermining personal status code

Radhiya Jerbi, president of the National Union of Women of Tunisia (UNFT), has sounded an alarm over the increasing prevalence of customary marriages, known as "orfi," in Tunisia. She stated on Friday that this trend poses a progressive challenge to the country's foundational Personal Status Code.

Jerbi explained that the nature of marriage contracts has shifted since 2011. She noted that some unions are now based on verbal agreements or written contracts that are not officially registered with the relevant authorities. This practice aligns with the traditional understanding of customary marriage in the East. Furthermore, she pointed to the existence of marriages conducted solely on a religious basis, bypassing the legal framework established by the Personal Status Code, particularly in unions involving Tunisian women and foreign nationals.

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The marriage contract is no longer the same since 2011.

The UNFT president raised concerns about the motivations behind couples choosing verbal or religious unions over legally recognized civil marriages. While official statistics to quantify the phenomenon are lacking, Jerbi asserted that these practices are indeed occurring in Tunisia and are on the rise. She described the Personal Status Code as being "attacked day after day" and called for intervention from the public prosecutor's office to enhance the monitoring of marriage contracts.

Jerbi also expressed regret that some marriage contracts no longer explicitly outline the rights, duties, and responsibilities of both spouses. These remarks were made during a conference focused on family matters and the legal framework governing marriage in Tunisia. The UNFT's warning highlights a growing concern about the erosion of legal protections for individuals within marriage, particularly for women.

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The Personal Status Code is attacked day after day.