REFLEKSI PEMIKIRAN TAHIR HADDAD DAN PANGARUHNYA PADA STATUS WANITA DAN PEMBARUAN HUKUM KELUARGA DI TUNISIA

Abstract

Family law reform in Tunisia cannot be separated from the thoughts of a feminist named
Tahir Haddad. He wrote a book entitled Imra'tuna fi al-sharia wal-mujtama which became the
forerunner of family law reform in Tunisian legislation. This book stems from her anxiety to see the
situation and social conditions experienced by Tunisian women. Even though this book received
extraordinary challenges from Tunisian religionists, Haddad continued to fight for it, until this book
had an effect on the reform of family law in Tunisia and also affected the status of women there. This
research is a library research with documentation method. This study finds that family law reform in
Tunisia in many points uses the extradoctrinal reform method. This method, in principle, no longer
refers to conventional fiqh concepts, but refers to the texts of the Qur'an and the sunnah of the Prophet
Muhammad, by conducting ijtihad by reinterpreting the texts (reinterpretation) or by using siyasa
syar'iyyah based on benefit. With the renewal of family law in Tunisia, the status of women has been
elevated, and even almost equal to that of men, except only in the issue of inheritance, which is still a
“black hole” in Tunisian history.