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Tunisia


The Tunisian legal system is heavily influenced by French civil law but the Law of Personal Status is based on Islamic Law and Article 1 of the 1959 Constitution declares that Islam is the State religion.  The dominant school of Islamic jurisprudence in Tunisia is Maliki, with some input from the Hanafi School as a result of Ottoman influence in the region. The Tunisian Law of Personal Status was promulgated in 1956 and has been amended by laws 59-77 of 19th June 1959, 64-1 of 21 April 1964, 81-7 18th February 1981 and 93-74 of 12th July 1993.  Among these amendments were articles increasing the parental authority of the mother. Tunisia has gone further than many Middle Eastern countries in the reform of its personal status law.  It bans polygamy and extra-judicial divorce and does not automatically give guardianship of children to the father when they reach a certain age.

Available Information

reunite´s Summary Text for Tunisia 
 
Legal Texts


•    Constitution 1959


•    Extract Child Protection Code Law 95-92 of 1995 (Unofficial Translation)

•    Extracts Family Code 1956 (Unofficial Translation)

•    Protocole d’accord Instituant une Comission Consultative Suédoise-Tuniso en Matière Civil, 1994 (French, Swedish)

•    Protocol Instituting a Consultative Commission on Civil Matters Between Tunisia and Sweden (Unofficial Translation)


Reports

•    Convention on the Rights of the Child Report

•    Committee on Rights of the Child, Concluding Observations


Articles


•    Family Law Summary (Emory)

•    International Parental Child Abduction (US State Department)

•    Information on the Judiciary (POGAR)

•    Information on the Judiciary (Infoprod)

•    Summary of Judicial Structures, Nathan J. Brown