I’ve been following the development of the new controversial Malian family code with interest.
The adoption of the new code in this majority Muslim country in August ‘09 has sparked a great deal of hullabaloo. It consists of more than 1,100 new articles geared towards increased equality between men and women. They reform laws on land ownership, inheritance, education, employment and marriage.
Hot topics that have caused friction include articles that set the legal minimum age for marriage at 18, recognize only civil marriages, allow joint property ownership, expand parental rights, and extend inheritance rights to girls.
Family Code or Family Law?
Muslims make up 90% of Mali’s 12 million-strong population. Tens of thousands of Malians have protested the code. Now it’s up to Mali’s President Amadou Toumani Toure whether or not to sign it into law, but Muslim leaders warn that such a move could divide the population and destabilize the country.
There’s a great article on the pros and cons of this code that has been ten years in the making at VOA News.
Supporters have praised the code for improving the rights of women and girls, who they say have been traditionally viewed as second-class citizens. But Islamic leaders have vowed to block the code, saying it contains provisions that oppose the country’s traditional values and religious beliefs.
Let’s take a look at both sides of the argument:
Time for Groundbreaking Change in Mali?
Those who advocate the code feel controversy stems from misinformation and a lack of understanding.
Cisse Oumou Ahmer Traoure, communications advisor for the Ministry for the Promotion of Women, Children and Family explains to VOA News that the code is written in French, a language almost 80 percent of Malians don’t know how to read or write. 1,144 articles are written in legal language, rendering it challenging to understand.
Rumours have abounded that defining marriage as purely secular, means legalizing same-sex marriage. Traoure says this is a misunderstanding: in fact, the code defines marriage as a secular union between a man and woman.
Mali’s family code has not been changed since 1962; a year after independence, and Traoure has called the new code “a real advancement” that reflects the changes and progression in Malian society. She says the rights granted to women under the new code will contribute to family stability and enable them to help support their households.
A Law That Would Fracture a Nation
Muslim leaders such as Islamic Council President Mamoud Dik are urging the president to “listen to the voice of the people and not sign the code.”
While he asserts that he and other religious leaders don’t oppose the promotion of women, they do contest the provisions of the code that collide with religious and societal values. Nevertheless Mamoud is hoping that in time common ground can be found on the development of the code.
Religious and traditional marriages are common in Mali, and Amnesty International estimated in 2005 that more than 60 percent of Malian women are married before the age of 18.
Perhaps surprisingly, while women’s groups naturally commend the code for granting more equality and rights, according to VOA, some women came forward to protest the code on the grounds that it attacks traditional values.
Some even showed up to protest, sporting banners that read “No code which divides Malians” and “Women should remain women, and men should remain men.”
Hmmm…….
Looking Forward to Resolution
Mali’s Islamic council will present the latest round of proposed amendments to the Mali Family code to parliament in April 2010.
The articles the council contests most strongly include Article 291, which states that marriages must be celebrated publicly in front of a government registrar, to which the Islamic council wants to add “and religious and traditional leaders”.
Article 311 of the draft currently puts husbands and wife on equal ground and states: “Spouses owe each other fidelity, protection, relief and assistance. They commit themselves to the community of life on the basis of affection and respect.” The council wants to add: “The wife must obey the husband.”