Tunis - Nabil Zaghdoud
Unregistered marriages widespread in Tunisia
Unregistered or informal marriage has spread in Tunisia since the revolution of January 14, 2011, among several other social phenomena that were otherwise barely present in Tunisian "secularist"
society. According to media and human rights sources, the phenomenon spread in poor neighbourhoods around Tunis, and in university campuses especially among young Salafists.
Unregistered or "common-law" marriage is a marriage contract which is not formally documented, between a man and a woman, in the presence of witnesses. This type of marriage does not require the man to financially support his wife, and does not provide the women with any of her marital rights.
According to Tunisian law, some the most important conditions for the validity of marriage are the couples reaching legal age, the presence of witnesses, publicity, and most importantly official records.
Marriages that do not adhere to the requirements are considered void and shall be punished by law, including common-law marriage.
The marriage initiates with a man contacting a woman, who has to be vieled, asking for her hand "by God's grace" as soon as they get witnesses.
A number of Tunisians think that this type of marriage is trying to lend a religious character illegal relationships. Sheikh Abdul Fattah Moro, former Ennahda leader and an expert in Islamic and legal affairs said in an interview with Sabah newspaper: "I want to say to these young people- beware, because the relationship that you had expecting it to be under the umbrella of marriage, is illegal and void. These relationships violate the sanctity of marriage turning it into sexual relations rather then eternal union between men and women.”
“The pillars of true marriage are the respect for tradition, publicity, feast, witnesses, and the intention of establishing a home between a couple with relationships governed by ‘mercy”...marriage is not just to engage in casual sex that may be interrupted at any moment with the absence of desire, or when one of the couple comes back to their senses,” Moro elaborated.
Belal Mohzabi, a post graduate student of humanities, said to Arabstoday: “I feel sorry for those who look for a dishonest way to justify to themselves the lowliness of their doings.” He called for the need to “maintain the pillars of marriage, including documenting it according to the law, in protection of the right of women, men and children. Marriage is a responsibility, and a very important social institution, not to be abused by the whims of teenagers, calling it personal freedom.” Mohzabi calls these types of marriage “a form of prostitution”.
A Salafi, who refused to be named, opposed Mohzabi’s view on the subject saying: “Real prostitution is adultery, which is widespread in our society, and is not subject to any penalty. On the contrary, being married in an Islamic way saves honour and religion.”
The Minister for Women and Family Affairs, Sihem Baddi said: “This marriage mostly doesn’t follow Islamic rules, and this makes it legally null and void.”
For his part, Tunisian President Moncef Marzouki condemned the phenomenon and said in an interview with BBC: “Today we talk about physical, political and moral rights to women, and our brothers in Ennahda are committed to that.” He added: “I condemn common-law marriages, which do not have any legitimacy or legal terms.”