Inheritance Equality in Tunisia: Why the Debate Returns in 2026

The most controversial debate in Tunisian family law is back in the spotlight: inheritance equality between men and women. Originally championed by the Individual Freedoms and Equality Commission (COLIBE) in 2018, then shelved for eight years, the bill has returned to Parliament's agenda in 2026.

Behind the legal technicality lies a major social question: millions of Tunisian families still see their wealth transmitted under rules a growing part of society considers outdated.

The current rule: "to the male, the share of two females"

The Personal Status Code and the Majalla inherit directly from classical jurisprudence:

• A son receives twice the share of his sister.
• A widow inherits one eighth of the estate if there are children, one quarter otherwise.
• The "Ta'sib" mechanism can deprive only daughters of part of the estate in favour of uncles or male cousins.

For a family with one son and one daughter, the son automatically receives two thirds of the transmissible estate. This asymmetry, tolerated by law, is increasingly contested by Tunisian heiresses — particularly in families with significant real estate assets.

What the 2026 bill proposes

The revived text takes up the main elements of the COLIBE project with some adjustments:

1. Equality as the default rule

The new law would reverse the principle: full equality between heirs would become the rule, regardless of sex. The estate would be shared equally among all children of the deceased.

2. A "return to classical rules" option

To respect individual religious convictions, the bill provides for a testamentary option whereby the testator, during their lifetime, can elect to apply classical succession rules. This option would be formal, notarised and binding on all heirs.

3. Ta'sib reform

The Ta'sib mechanism — which allows male collateral relatives (uncles, cousins) to inherit at the expense of daughters — would be abolished by default in the new regime. The children of the deceased would always have priority, whatever their sex.

The political fault lines

The bill deeply divides the political and religious landscape:

• Progressive parties and women's associations (notably the ATFD) support it as a historic step towards real equality.
• Islamic-reference parties and some scholars oppose it, arguing it contradicts explicit Quranic rules.
• The Mufti of the Republic has restated the traditional position while recognising the exclusive competence of the legislator.

Between these two camps, a silent majority of Tunisian families simply wants clarity on the rules that will apply to their future successions.

The concrete impact if the law passes

For every family, adoption of the text would change several things:

• Estates opened after entry into force would be divided under the new rules.
• Wills drafted before the law would need to be reassessed in light of the new regime.
• Anticipated transfers (lifetime gifts, partitions) would become strategically more important for families wishing to lock in their wishes under the old framework.

Firm note: Whether the law passes or not, 2026 is the year Tunisians need to revisit their estate documents. A will drafted in 2010 will not have the same effect depending on which regime applies. We advise every family holding real estate or a family business to plan ahead now.

Our firm advises families in Kairouan and Tunis on drafting compliant wills, estate planning and managing complex successions — including those involving heirs living abroad.