Side Feature, Social System, The Khilafah

The Muslim Woman will never Gain her Rights except under the Shade of Islam

Tunisian authorities have abolished a ministerial order banning the marriage of Muslim Tunisian women to non-Muslim men, presidency spokeswoman Saida Garrach said on Thursday.

“All the provisions on the prohibition of Tunisian marriage to a foreigner have been repealed, i.e. the 1973 circular and all texts related to it. Congratulations to the women of Tunisia for the enshrinement of the right to the freedom to choose one’s spouse.” Saida Garrach wrote in a tweet. (Al Jazeera Net).

On the sidelines of the so-called Women’s Day on 13 August, Tunisian President Béji Caid Essibsi called for amending the law, noting that it was long overdue. He also called for full equality between men and women, especially in inheritance, assuring that this does not contradict with religion!!!

On 8th September, the Prime Minister issued a circular canceling the previous publication of the Prime Minister. On the same day, the Minister of Justice issued a circular calling for the first presidents of the courts of appeal, their prosecutors, the heads of the courts of first instance, and the agents of the Republic, to terminate the interpretative circular no. 216 dated 5 November 1973.

Thus, the Tunisian government has officially and practically embarked on activating what Essibsi called for a month ago, claiming to promote more women’s rights, even though the marriage of Tunisian women to non-Muslim men contradicts a legal ruling (Hukm Shari’i) that is unequivocal and will never be good for the women of the country!!!

The attempt of Essibsi and his government to belittle the matter in a mere change to the law which Tunisia had adopted in the past, modifying it to suit today’s time and to preserve the rights is a malicious attempt of them to cloak the truth with falsehood, and that their claim for the replacement of that law to suit today’s time is not wrong; although Allah the Almighty has ruled with its prohibition. This confirms the fact that the current rulers in Tunisia are continuing to follow the path of their predecessors in the fight against the provisions of Islam to exclude them from life under various headings to deceive the people.

Allah (swt) says:

وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَكُمْ أُولَئِكَ يَدْعُونَ إِلَى النَّارِ وَاللَّهُ يَدْعُو إِلَى الْجَنَّةِ وَالْمَغْفِرَةِ بِإِذْنِهِ وَيُبَيِّنُ آَيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُونَ

Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise.”


And He (swt) also says:

فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ

“…if ye ascertain that they are Believers, then send them not back to the Unbelievers. They are not lawful (wives) for the Unbelievers, nor are the (Unbelievers) lawful (husbands) for them….”


The prohibition of Muslim women marrying a Kafir is inviolable, and attempts to falsify the truth cannot be underestimated by the fact that what the Tunisian government has done is to infringe on the rulings of Shari’ah and take away the right and where goodness lies.

The dirty role played by Essibsi removing that legal ruling from the legal system adopted in Tunisia has never been out of ignorance. He did not launch his propaganda on Woman’s Day arbitrarily, but he does everything intentionally to dissuade the women of Tunisia from demanding what truly preserves their rights; and is fully submissive to the international dictates and conventions, especially the CEDAW Convention, which Essibsi protected respectfully and obediently. The result is the misinterpretation of Muslim women and the theft of privileges that Allah has given them under the title of fairness and the restoration of their rights!!

It was incumbent upon Essibsi and his followers to take into account the consequences of their actions and their assaults on the Deen of truth, but it would have been better for them all to really hang on to lifting the injustice on rural, poor and displaced women and other women of Al-Khadraa’ (Tunisia), lest this saves them from the torments of the Hereafter. It would have been better for them to pursuit for the equality between men and women in their legitimate (Shari’i) rights, in which they fell short of restituting to the people, the rights of care and guarantee the basic needs and the enjoyment of public property, which they exceedingly granted to the West for few Dirhams!!

But indeed, how would they do that when they are the extravagant agents and the wasters of trust, the pawns of the West, who are driven by it to plot against Islam and Muslims!!

In the past, Bourguiba tried to change the rules of inheritance but he did not succeed and was not deterred except by the fear of public opinion. Ben Ali also failed for the same reason, and here is Essibsi who wants to succeed with what his predecessors failed and remove the remaining provisions of Islam from public life. He is eager to achieve the satisfaction of the West, and is looking forward for the reaction of the people and what they will do!!

Our people in Tunisia! Stand up for the victory of your Deen and declare your adherence to the provisions of your truthful Deen, stand in the face of false claims and account your rulers on what their sinful hands are committing, hidden from the truth and its support!!

If you are silent today about the adoption of this law, which allows the marriage of a Muslim woman from a Kaffir, then tomorrow you will witness the removal of the provisions of Sharia for inheritance and other rulings… and you will be asked before Allah (swt) about your silence and failing your Deen!!

The women of Tunisia will not be given justice nor will retain their rights except with Islam as a whole, for it is the truth, goodness and mercy bestowed to the worlds, and its absence will not give women the true liberation and they will never live happiness and peace of mind.

Allah (swt) says:

وَمَنْ أَعْرَضَ عَنْ ذِكْرِي فَإِنَّ لَهُ مَعِيشَةً ضَنكًا وَنَحْشُرُهُ يَوْمَ الْقِيَامَةِ أَعْمَى * قَالَ رَبِّ لِمَ حَشَرْتَنِي أَعْمَى وَقَدْ كُنتُ بَصِيرًا * قَالَ كَذَلِكَ أَتَتْكَ آيَاتُنَا فَنَسِيتَهَا وَكَذَلِكَ الْيَوْمَ تُنسَى

“But whosoever turns away from My Message, verily for him is a life narrowed down, and We shall raise him up blind on the Day of Judgment. He will say: “O my Lord! Why hast Thou raised me up blind, while I had sight (before)?”. ((Allah)) will say: “Thus didst Thou, when Our Signs came unto thee, disregard them: so wilt thou, this day, be disregarded.””

(Taha: 124-126)


Hajar Al-Ya’qoubi

Written for Ar-Rayah Newspaper – Issue 148