Malian Family Code
Encyclopedia
The Malian Family Code is the family law
in Mali
, passed in 1962. In 2009, an amendment was proposed (which has not yet been enacted) as widespread protests forced the president to send the bill back to parliament for review. The bill sought to increase women's rights
in the country, but was still opposed by some women. The bill was condemned by most religious scholars.
President Toumani Touré
supported the bill, which was seen as a move toward secularism
. The law was initially adopted by the National Assembly
on August 3, 2009.
, an African women's rights groups called for the adoption of the bill, saying it "provides some crucial guarantees for Malian women's universal rights, [and] would constitute a fundamental first step towards bringing Malian laws into compliance with international and regional standards." The group cited Mali's ratification of the United Nations
Convention on the Elimination of All Forms of Discrimination against Women
in 1985, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa in 2005, and the UN Convention on the Rights of the Child
in 1990. It further said: "We are thus deeply concerned that the enactment of this legislation...is in suspense. Violations of Malian women's human rights are favored by this legislative gap. We stress the urgent need to adopt such a code...by ensuring that the second reading takes place without further delay and that the Family Code is enacted in its present form, without weakening of any of its provisions."
Muslim leaders and other youth groups vowed to block the law and even threatened a campaign of violence. Threats against legislators, angry sermons, organised protest meetings and radio and television campaigns all attempted to rally opposition to the bill. Some Muslim leaders went so far as to call the law the work of the devil and against Islam
. Tens of thousands marched in the streets to protest the law. In one such demonstration, 50,000 people rallied amidst calls that the bill was "an insult to the Koran."
Some women's groups were also opposed to the law. The president of the National Union of Muslim Women said that "only a tiny minority of woman here who want this new law. The poor and illiterate women of this country, the real Muslims, are against it".
One imam
who spoke in support of the code went into hiding.
Mountaga Tall
, an MP, said: "We demonstrated intellectual laziness in adopting the last code so quickly. This time, the assembly will start from zero."
An amended version, endorsed by the High Islamic Council, the highest authority on Islam in the country, was tabled. This new bill included the reintroduction of religious marriage, altered the previous version's enhancement of women's inheritance
rights, and changed the recognition of an illegitimate child
. Other amendments being proposed, despite being blocked in the initial version, include:
The debate over the bill did not include "civil society
" groups.
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
in Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
, passed in 1962. In 2009, an amendment was proposed (which has not yet been enacted) as widespread protests forced the president to send the bill back to parliament for review. The bill sought to increase women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
in the country, but was still opposed by some women. The bill was condemned by most religious scholars.
Proposed amendment
The proposed amendment would have recognised only civil marriages, while defining marriage as a secular institution, thus entitling a divorcee to a share of inheritance. Women would have also been allowed greater inheritance rights than what was stipulated by Shariah law, as they would not be required to obey their husbands. The "paternal power" would be replaced with "parental authority," and also said "no marriage can be renounced." Furthermore, the bill raised the legal age for marriage to 18 and allowed divorce if a couple had lived apart for at least three years. A child born outside of marriage would also be entitled to a share of any inheritance.President Toumani Touré
Amadou Toumani Touré
Amadou Toumani Touré is the president of Mali. He overthrew a military ruler, Moussa Traoré in 1991, then handed power to civilian authorities the next year...
supported the bill, which was seen as a move toward secularism
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
. The law was initially adopted by the National Assembly
National Assembly of Mali
The unicameral National Assembly of Mali is the country's legislative body.The current National Assembly, formed following elections held on 14 and 28 July 2002, has a total of 160 members. 147 members are directly elected in single or multi-member constituencies using the Two-Round system...
on August 3, 2009.
Advocacy
During the NGO Forum of the African Commission on Human and Peoples' Rights in BanjulBanjul
-Transport:Ferries sail from Banjul to Barra. The city is served by the Banjul International Airport. Banjul is on the Trans–West African Coastal Highway connecting it to Dakar and Bissau, and will eventually provide a paved highway link to 11 other nations of ECOWAS.Banjul International Airport...
, an African women's rights groups called for the adoption of the bill, saying it "provides some crucial guarantees for Malian women's universal rights, [and] would constitute a fundamental first step towards bringing Malian laws into compliance with international and regional standards." The group cited Mali's ratification of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Convention on the Elimination of All Forms of Discrimination against Women
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....
in 1985, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa in 2005, and the UN Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
in 1990. It further said: "We are thus deeply concerned that the enactment of this legislation...is in suspense. Violations of Malian women's human rights are favored by this legislative gap. We stress the urgent need to adopt such a code...by ensuring that the second reading takes place without further delay and that the Family Code is enacted in its present form, without weakening of any of its provisions."
Controversy
Mamadou Diamouténé, the head of a task group from the council, said that without the recommended changes, the bill would be "open road to debauchery. It is not that anyone can go wherever she wishes without her husband’s approval, because we cannot forget that the man is the head of the family."Muslim leaders and other youth groups vowed to block the law and even threatened a campaign of violence. Threats against legislators, angry sermons, organised protest meetings and radio and television campaigns all attempted to rally opposition to the bill. Some Muslim leaders went so far as to call the law the work of the devil and against Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
. Tens of thousands marched in the streets to protest the law. In one such demonstration, 50,000 people rallied amidst calls that the bill was "an insult to the Koran."
Some women's groups were also opposed to the law. The president of the National Union of Muslim Women said that "only a tiny minority of woman here who want this new law. The poor and illiterate women of this country, the real Muslims, are against it".
One imam
Imam
An imam is an Islamic leadership position, often the worship leader of a mosque and the Muslim community. Similar to spiritual leaders, the imam is the one who leads Islamic worship services. More often, the community turns to the mosque imam if they have a religious question...
who spoke in support of the code went into hiding.
Reactions
President Touré reasserted that the struggle to pursue "the dual objective of promoting a wave of modernization while preserving the foundations of our society" would continue. He also said that failures to update and enforce the law "proves that societal change is not ordered by decree. [The] door of debate is still open."Mountaga Tall
Mountaga Tall
Mountaga Tall is a Malian politician. He is the President of the National Congress for Democratic Initiative and a Deputy in the National Assembly of Mali; he has also served as a member of the Pan-African Parliament....
, an MP, said: "We demonstrated intellectual laziness in adopting the last code so quickly. This time, the assembly will start from zero."
Further amendments
As a result of public outcry, President Touré sent the bill back to parliament on August 27, 2009. "I have taken this decision to send the family code for a second reading to ensure calm and a peaceful society, and to obtain the support and understanding of our fellow citizens."An amended version, endorsed by the High Islamic Council, the highest authority on Islam in the country, was tabled. This new bill included the reintroduction of religious marriage, altered the previous version's enhancement of women's inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
rights, and changed the recognition of an illegitimate child
Bastard
Bastard may refer to:* A child whose birth lacks legal legitimacy—that is, one born to a woman and a man who are not legally married* Bastard , illegitimacy in English law* Bastard , a blackletter typeface...
. Other amendments being proposed, despite being blocked in the initial version, include:
- A husband and wife can keep separate homes only if the husband approves;
- A divorcée may keep her ex-husband’s name if he agrees;
- A girl would be allowed to get married at 15.
The debate over the bill did not include "civil society
Civil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...
" groups.