Can a Tunisian woman marry a non-Muslim man?

Answer by the AvoConsulte editorial team

Yes. Tunisian law no longer prevents a Tunisian Muslim woman from marrying a non-Muslim man: the 1973 Ministry of Justice circular that blocked these marriages was withdrawn in September 2017.

What changed

The 1973 circular told civil-status officers and notaries not to conclude or register the marriage of a Tunisian Muslim woman to a non-Muslim man unless he produced a certificate of conversion to Islam. Its withdrawal removed that requirement. The marriage is now concluded before a municipal civil-status officer or two notaries (adl ichhad) under the same conditions as any other marriage: consent of both spouses, legal age, two witnesses, a dowry and no legal impediment.

What happens in practice

Press reports, as recently as 2023, show that some municipalities and notaries still ask for a conversion certificate or refuse to conclude these marriages, and some published lists of documents still mention one. Since 2017, that certificate is no longer a legal requirement. If it happens to you:

• ask, politely, which text the request is based on;
• try another municipality or another notaries' office;
• ask for the refusal in writing, so that a lawyer can challenge it.

Recognition in the husband's country

The marriage also has to be recognised or registered in the foreign spouse's country, which has its own rules. French nationals, for example, need a certificate of capacity to marry from their consulate before the ceremony. Contact the embassy early, since these steps take time.

Think about the property regime

In Tunisia, separation of property applies unless the spouses choose the optional community of property regime. Discuss it before signing the contract, especially if you may later live in another country.

For your own situation, consult a family lawyer; the AvoConsulte directory lists lawyers registered with the ONAT by city.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Droits des femmes : Annulation de la circulaire de 1973 Kapitalis
2. For Tunisian women and their non-Muslim fiancés, marriage remains a stroke of luck Nawaat
3. Code du Statut Personnel – Livre premier. Du mariage Jurisite Tunisie
4. Mariage Ambassade de France en Tunisie
5. Code du statut personnel, édition 2011 (comprenant la loi n° 98-94 du 9 novembre 1998 relative au régime de la communauté des biens entre époux) Imprimerie Officielle de la République Tunisienne (copie hébergée par jafbase.fr)