이슬람의 가족법, 여성권리의 시각에서 본 개혁의 가능성-튀니지의 가족법 변화를 통한 고찰-

Abstract

Since the influx of Personal Status Law to Magib, Personal Status Law had assimilated with aboriginal culture and became a primary law, together with traditional tacit law, that governed the family and women's life in Islamic society for centuries. During the assimilation processes, national and regional traits were reflected in PSL. Integration with modern political hegemony, PSL has metamorphosed into secular law. Contemporary Tunisian Personal Status Law has emerged from paternal kinship oriented society and prescribed retrieval of female citizens' rights in important domains of family life such as marriage, divorce, custody, alimony, and inheritance. After independence from French domination in 1956, Tunisia underwent a social reform movement and legislated a revolutionary Personal Status Law abrogating polygamy and repudiation. Since its enactment, Tunisian Personal Status Law has been revised and reformed. This paper intends to investigate the possibility of women's rights reformation in Islamic society by inquiring Tunisian Personal Status Law. First, noteworthy contents in family related issues from the Maliki School, one of Islam Sharia that had influenced Magrib region and Tunisia, will be analyzed. Second, backgrounds of legislation of early modern Tunisian Personal Status Law and its significant provisions will be observed. Third, distinctive items of Personal Status Law resulted from revision and reformation will be reviewed and summarized. From the preceding analyses, this study will try to state the limitation of Tunisian Personal Status Law and its future paths of evolution.