The Interplay between Sharia and Gender Equality : A Comparative Study of Women’s Rights in Divorce Regulations in Iraq and Tunisia

Abstract: In the Middle East and North Africa region, many family laws are based on Sharia principles, where different interpretations of Sharia result in varying implications for human rights. This study explores the impact of divorce regulations in the personal status laws of Iraq and Tunisia on women’s rights. While Tunisia stands out for its extensive legal rights for women, surpassing its regional counterparts, Iraq falls behind in advancing women’s rights - particularly in family law. Despite experiencing similar political changes, women in Iraq and Tunisia face different situations and opportunities in terms of accessing divorce. Using a comparative case study methodology, this study examines the expression of divorce laws in Iraq and Tunisia, as well as their intersection with Sharia. The study incorporates a content analysis of relevant laws, along with a review of secondary data on the countries’ history to examine the role of women in shaping these laws. Drawing on feminist theories by Amina Wadud and Kecia Ali, the study highlights the role of patriarchy and male-dominated interpretations of Islam in restricting women’s empowerment. The findings reveal that women’s rights are shaped by social and cultural structures, rather than solely by Islamic principles. Both countries incorporate Sharia in their laws, although Tunisia interprets it more favourably for women, Iraq adopts a more conservative and restrictive interpretation. Tunisia’s successful alignment of Sharia with women’s rights demonstrates the adaptability of Islamic law and the importance of contextual interpretations of Sharia. Internal and external factors, including diverse populations, different Islamic schools of law, and grassroot movements, contribute to different approaches to democratic transition and varying situations for women in Iraq and Tunisia in terms of human rights.