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ARB2103-Marriage.ppt
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Marriage and Family

Family

  • Family is a central socioeconomic unit
  • Patriarchal Traditions prevail
  • Subordination of Women
  • Subordination of Children
  • Extended ties among family members

Marriage

& Divorce

  • Marriage patterns are: arranged; endogamy; polygamy; rights and obligations (mahr)
  • Divorce patterns are produced following religious affiliation (sometimes it is almost impossible to divorce; mostly regulated par religious and civil laws)

Marriage in Arab Societies
(Hoodfar on Egypt)

  • Marriage and sexuality are regulated by religion, customs and the legal system
  • How to secure a successful marriage: strategies to reduce conflicts through family intervention
  • Arranged marriages vs. love marriages: marriage is a parental/community affair
  • Egypt: Low rate of polygamy
  • Egypt: Low incidence of divorce

Problematic Situations

  • Pre-marital sexuality is prohibited and considered a crime in some parts of the Arab world.
  • Inter-religious, inter-sectarian marriage is prohibited or discriminates against women.
  • The right to divorce is usually granted to the husband not to the wife.
  • Economic and financial domination of the male.
  • Sexual abuse is not always sanctioned.

One of the Major Problems is:

The unchanged legal and

ethical framework which

upholds the primacy of the male

Family Law

Laws of personal status regarding polygamy, divorce, minimum age of marriage and inheritance have slightly changed over the

past century.

The views of the Sharia, according to women

feminists, are incompatible with the needs of an independent nation in the modern world.

The fight for secularization

Religious or Civil marriage?

Tunisia…a unique experience

Bourghiba (1957-1987)

Population: 10 Million

Tunisian laws of personal status

Marriage Age:
minimum marriage age is 20 for males and 17 for females.

Marriage Registration: obligatory under Civil Status Act 1957.

Polygamy: prohibited; penal sanctions for polygamous husband and wife who knowingly enters into polygamous marriage are one years prison sentence and/or fine.

Obedience/Maintenance: the law provides for equal cooperation in managing family affairs.

Talaq or Extra-judicial divorce is prohibited.

Child Custody and Guardianship: divorced wife has right of custody over boys until age of 7 and girls until age of 9.

Class Discussion

20, 25, 30, 40 years old

Getting married in order to…
get divorced!

Before and After

First and Second Wives

Family and Female Roles

Freedom
of
marriage

Orfi Custom Marriage

Sunni Misyar and Shia Muttah
“Legal” Temporary Marriage