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PDF Dosyası - Ankara Üniversitesi Kitaplar Veritabanı

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ularism. Tunisian leaders were indeed against any form of theocracy, butdeemed that the State did not have to elash with what constitutes the essentialvalue of the Tunisian people, namely islam. There is therefore, acritical adherence to the principle of secularism, the corner stone of thekemalism.Thus it is during one of the fırst meetings of the Tunisian ConstituentAssembly on April 14, 1956, Tunisian constituents have asserted thefoundations of the society and the new Tunisian State. They adopted thefırst article of the constitution that provides "Tunisia is a free State, independentand sovereign: Its religion is islam, its language is Arabic and itsregime, the republic".The meaning of the reference to the Müslim religion in article 1 ofthe Tunisian constitution does not have to be exaggerated 6 . First of ali,the Tunisian constituents have chosen quite a vague wording: "İts religionis islam". A debate has attempted to know whether this refers to thereligion of Tunisia, which is merely a sociological reality that can't bequestioned; or whether it refers to the religion of the State, which impliessome institutional consequences as the form of the State, the exercise ofpower, the structure of the state bodies ete. Yet, the constitution clausesare in accord with the fırst interpretation. Similarly the evolution of theTunisian State has gone in this senses. Without ever reaching secularism,the Tunisian State has evolved towards secularism. Tunisian leaders from1956 till nowadays have taken decisions within a scope of a secular stateand society. Thus on 3rd August 1956 a personal statute book was promulgatedthat was fundamentally opposed to the religious order. Now, inthis code, polygamy is punished, divorce can only be declared judiciary.Women can ask for divorce ete. Similarly, the charaic order was abolishedand a modern and unique judicial system instituted. The regime ofthe habous was equally abolished.As concerns the relationships of the State with the religious institution,the Tunisian attitude has been influenced by kemalism. indeed,the religious University of the Zitouna, pivot of the social organisationfor centuries had been dismantled and reduced to a mere facultyof theology vvithin the organisation of the new University of Tunis.Ali charaic dignitaries (Sheik El islam, Cadhis, Muftis...) were suppressedand the traditional costumes of the Zeitouna (turbans, ete...) becameforbidden for those who were to work in the modern educationalsystem.6. Ben Achour (Yadh). «islam et constitution», Revue tunisienne de droit, 1974. P :77; and. Politique, religion et droit dans le monde arabe, Tunis, Ceres produetions,1992.470

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