Malian Family Code

rdf:langString Malian Family Code

rdf:langString The Malian family code resulted after many years of discussion within the Malian government, with the first codification of family law occurring in 1962, just two years after women were granted equal rights under Malian law in 1960. The Malian family code has implications for the societal treatment and expected behaviors of both sexes. The Family Code was structured in a way that allowed the government to legislate marriage relations and define the treatment of women in society. Since the initial implementation, efforts have been undertaken to change and modify the family code, with the first reform effort being initiated in 1999. The initial reform worked to expand the rights granted to women under the protection of the law, but conservative pushback resulted in the failure of that law to pass and the necessity for revisions. The reform efforts ultimately boiled down to a debate over preserving traditional Islamic values or expanding rights for women in a way that was perceived as being more Westernized. Following the restructuring of the Family Code, women's rights were not expanded, but rather almost wholly eliminated, perpetuating the notion that women are subject to the whims of their husbands. When Mali's government implemented multiparty elections, there has been a greater push for reforms in the existing Family Code to expand the protections of women under Malian law. Much of the debate surrounding changing the Family Code is a result of apparent conflicts between proposed amendments and traditional Islamic practices. The Malian governmental system defines itself as being secular, meaning the government should not intervene in religious institutions or practices. However, religious and cultural practices have great influences on the construction and enforcement of Malian law. Notably, the Family Code relies on the application of religious practices and customary law in issues of family interactions, inheritance, and marriage. A large proportion of the Malian population is of Muslim faith, generating more widespread support for upholding Islamic practices. Many of these influences are grounded in Islamic principles, thereby creating an Islamic influence on the law. This is largely due to the fact that a number of Mali's laws are based largely on a combination of French and Islamic law with very diverse local laws. Specifically, many of the Islamic practices detailing marriage and family customs have been integrated into Mali's laws concerning the same issues, especially in areas of the state with traditionally Muslim leadership.