Political Factions, Ideological Fictions: The Controversy Over Family Law Reform in Democratic Mali

Abstract

The article examines debates surrounding the current family law reform in Mali to account for the way in which broader processes of social change, an international and national context of womenÕs rights activism, as well as various interest groups will shape the ultimate outcome of legislative reform. The article focuses on the five main components of the proposed reform and analyzes the positions of the most important groups participating in the debate: womenÕs rights activists supported by the international womenÕs movement and international donor organizations, protagonists of the two influential wings of the national Muslim organization, and representatives of the state administration. It is argued that although state officials and protagonists of an ÒIslamicÓ position hold divergent ideological and normative orientations, they form temporary and shifting alliances around certain issues, often on the basis of pragmatic considerations. Also, while womenÕs rights activists and ÒMuslim womenÓ claim to represent women tout court, the positions and arguments of the former can be seen as representing particularistic, class-specific interests.

« Le délit d'abandon de domicile conjugal » ou l'invasion du pénal colonial dans les jugements des « tribunaux indigènes » au Soudan français, 1900-1947

“…Le Code du mariage et de la tutelle promulgué en 1962, 55 qui comme le Code civil français de 1804 ne reconnaît que le divorce pour faute, est toujours en vigueur, malgré plusieurs tentatives de réforme depuis la fin des années 1990. 56 Le Code pénal datant de 1961, également en vigueur, précise dans son article 184: « La femme qui abandonnera le domicile conjugal sans motif grave, le mari qui répudiera sa femme, seront punis de quinze jours à trois mois d'emprisonnement et d'une amende de 20.000 à 120.000 francs ou de l'une de ces deux peines seulement. » 57…”

Competing Assertions of Muslim Masculinity in Contemporary Mali

“…This showed in the hcim's mobilization of popular opposition to a draft family law. Submitted for legislation in 2001, the draft law was substantially revised in response to the pressure mounted by the hcim (Schulz 2003(Schulz , 2012a. It was finally signed into law in 2009, by Konaré's successor, President Amadou Toumani Touré (2002)(2003)(2004)(2005)(2006)(2007)(2008)(2009)(2010)(2011)(2012).…”

“…Throughout the urban south, particularly in towns where the influence of established families of religious experts has been limited historically, Muslim organizations have capitalized on the political opening of the early 1990s to call for a reordering of public and domestic life in line with Islamic precepts (Schulz 2012a). The growing political weight of these activists shows in their capacity to mobilize opposition to legal reform, for instance the family draft law (Schulz 2003) and, more recently, in their public endorsement of politicians whose policies they approve of. A notable example is the organization Mouvement Sabati 2012, founded by Moussa Boubacar Bah during the last presidential elections to 'mobilize voters in support of politicians ready to preserve our cultural and religious values' .2 While critics dismissed his initiative as an attempt on the part of a younger generation of intellectuals to 'endear' themselves to the incumbent President ibk, Bah has stressed his intention to 'raise awareness' (conscientiser) among Malian citizens, and to publicly express concern about policies that undermine gender hierarchies and cultural values in the name of an international human rights regime.…”

Fashioning Piety: Women's Dress, Money, and Faith among Senegalese Muslims in New York City

“…Kara's media savvy, employing visual and aural media including videos and cassettes, the web and social networking sites, the radio, and the print media, to spread his message was facilitated by his willingness to speak. Yet, this medium is not neutral, his use of media shapes his messages and the audience's reception in large part I would argue because he is such an engaging speaker (Schulz 2003). The medium of videocassettes as a particularly visual form of media enabled Kara to rely less on verbal reasoning and more on visual persuasion and the aesthetics of the image (Schulz 2006).…”