Family Law Reforms in Tunisia and Libya: Comparative Perspectives on the Intersection of Islamic Law, Modernization, and State Authority

Abstract

Reform of Islamic family law represents one of the most dynamic aspects of legal transformation in Muslim-majority countries. This article examines the trajectories of family law reforms in Tunisia and Libya, highlighting the interaction between Islamic jurisprudence, colonial legacies, and state-driven modernization. Tunisia, following independence in 1956, introduced the Code of Personal Status under Habib Bourguiba, which abolished polygamy, restricted unilateral divorce, and promoted gender equality—marking a radical departure from classical Islamic jurisprudence. In contrast, Libya, particularly under Muammar Qadhafi’s rule, institutionalized Islamic law by designating the Qur’an as the state constitution and applying the Maliki school as the foundation for family law, while still incorporating selective modern reforms such as marriage age regulation, arbitration in divorce, and limited recognition of women’s rights. Using a comparative legal analysis, this study argues that while Tunisia reflects a model of secular reformism and legal codification influenced by French civil law, Libya illustrates a model of Islamization with selective adaptation of modern legal institutions. These contrasting approaches underscore the plurality of legal modernities in the Muslim world, offering insights into how state ideology, religious authority, and social change shape the evolution of Islamic family law.