Women and Colonial Legal Pluralism in Algeria

tajine

Episode 296

with Sarah Ghabrial

hosted by Edna Bonhomme and Sam Dolbee

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In French Algeria, the colonial imperatives of assimilation and difference gave birth to legal pluralism. In this episode, Dr. Sarah Ghabrial explains what it meant for Algerian women to have different legal structures operating at the same time. The ability to argue one's case in an Islamic court and also appeal it in French common law provided openings for women in matters of personal status. But it also had limits. They may have ultimately been able to divorce their husbands, but divorcing themselves from patriarchal structures of power proved more difficult, if not impossible. At the same time as legal codes changed, so, too, did medicine. As in much of the world, a state-sponsored scientific medicine, mostly practiced by men, began to crowd out local healing practices and knowledge of bodies, in many cases performed and possessed by women such as midwives. But it would have a particularly racialized impact in French Algeria. We also examine the impact of this change in court, where the latter form of medicine came to be an arbiter of truth, particularly in divorce cases. We close by shifting from matters of impotence to questions of agency, and how useful of a concept it is for this history.

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