Statelessness & Citizenship Review 2021 3(1) which represented the core of French civil law, was a compilation of patriarchal rules that subjected women to legal incapacity. Under this code, women were forced by law to obey their husbands, 122 prohibited from securing their rights before Courts 123 and unable to buy, give or sell their own goods without their husband’s approval. 124 In short, French law viewed women as having the same legal capacity as criminals and children. One of the most fierce and misogynist provision of the Napoleonic Code was the ‘rape marriage law’, an article according to which a man who kidnapped or raped a girl could avoid prison by marrying his victim. 125 This law, and the Napoleonic Code more generally, was exported by France in all its colonies, including in Lebanon, 126 Morocco, 127 Algeria 128 and Tunisia. 129 Although the Code was largely regarded as a symbol of progress and modernisation in Europe, 130 it represented a major step backwards for non-Western women. Before the Anglo–French occupation, Ottoman women enjoyed the right to sign binding contracts, to buy or sell goods without their husband’s permission and to secure their legal rights in court on their own behalf. 131 In fact, Turkish women obtained the right to vote in 1930, 14 years before French women did. 132 Therefore, it is a colonial fallacy to maintain that European colonialism somehow brought ‘civilisation’ or enhanced gender equality of local populations. 133 It actually had the opposite effect. This provision further illustrates how patriarchy is an inextricable part of the racism and brutality of colonialism. Although the oppressive colonial machinery was aimed at subjugating all native populations, 134 it had a disproportionate impact on women. It seems like the socalled ‘civilising mission’ put forward by the French was subjugating women, rather than about bringing civilisation. In this regard, it must be stressed that Britain introduced the same gender-based discrimination in its colonies, including in Jordan, Iraq and India, following a similar pattern. 135 Both colonial powers are therefore responsible for introducing this patriarchal principle, and yet the 124F 125F 126F 128F 127F 129F 130F 13F 122 123 124 125 126 127 128 129 130 131 132 133 134 135 ibid art 213. ibid arts 215, 221, 1124. Hanley (n 120). Rothna Begum, ‘Middle East on a Roll to Repeal “Marry the Rapist” Laws’, Human Rights Watch (online, 24 August 2017) <https://www.hrw.org/news/2017/08/24/middle-east-rollrepeal-marry-rapist-laws>. Legislative Decree No 340 ‘Penal Code’ (1943) art 522 (Lebanon). Article repealed in August 2017. ‘Lebanon Rape Law: Parliament Abolishes Marriage Loophole’, BBC News (online, 16 August 2017) <https://www.bbc.co.uk/news/world-middle-east-40947448>. Dahir No 1-59-413 ‘Code Penal’ (1962) 28 Joumada II 1382, art 475 (Morocco). Article repealed by Loi No 1-14-06 (2014) 18 Bulletin Officiel 2492. Ordonnance No 66-156 du 8 juin 1966 portant code penal (2011) art 308 (Algeria). Article repealed in 2017. Code Penal (1913) art 227 bis (Tunisia) (no longer in force). Article repealed in 2016. In Europe, the Napoleonic Code (n 118) was actually regarded as a symbol of modernisation and progress. See Xavier Martin, Fonction paternelle et Code Napoléon (Annales Historiques De La Révolution Française, 1996) 466. Zantout (n 115) 2. Valentine Moghadam, Modernizing Women: Gender and Social Change in the Middle East (Lynne Rienner Publishers 1993) 91. Deniz Kandivoti, Gendering the Middle East: Emerging Perspectives (Syracuse University Press 1996). Fanon (n 107); Memni (n 72). Radha Govil and Alice Edwards, ‘Women, Nationality and Statelessness’ in Alice Edwards and Laura Van Waas (eds), Nationality and Statelessness under International Law (Cambridge University Press 2014) 169. 20

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