Studi Hukum Keluarga Islam DI Tunisia (original) (raw)
The phenomenon of "assimilation" between Islamic law and positive law in Muslim countries, such as the legalization of Islamic law as a national law, has often occurred in Muslim countries that have long implemented the western legal system. The reform of Islamic family law in Muslim countries has continued to develop starting from the early 20th century, and Tunisa is one of them. Legal reform in Tunisia cannot be separated from the historical aspect behind it. The role of education and nationalist fighters as agents of reform is also decisive. The process of formulating and structuring Islamic family law in Tunisia, is not only an effort to codify the Maliki and Hanafi schools of fiqh and the presence of French influence, but also to take progressive and revolutionary steps in an effort to legalize and regulatory in the field of law, with the birth of Majallat al-Ahwal al-Syakhshiyah or the Tunisian Code of Personal Status (CPST). The attitude of the Tunisian state towards legal reform is generally included in the group of countries that carry out legal reform in a democratic manner to suit the demands and developments of the times in accordance with the contemporary context. The nature of the method used in the family law reform still refers to the concept of conventional fiqh (intra doctrinal reform) in synergy with the legacy of French law in order to reinterpret the texts (extra doctrinal reform). The legal reforms carried out by Tunisia, did not intend to deviate and abandon the principles of Islamic law, but rather caused by the government's desire to guarantee the welfare, peace and benefit of the Tunisian nation and people.
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