Wednesday, January 22, 2014

Zaytuna Mosque and University (Tunisia) Chapter 9: Reforms1932 to 1933 AD Education Reformation and Secularization by Keith W. Martin PhD


Chapter 9 

MAJOR REFORMS AT ZAYTUNA 

In this chapter the reforms of 1932 and 1933 and the various factors which brought about these reforms are examined. The period of 1932-33 was of great importance in the history of reform at Zaytuna. In 1932 the nizara was changed and in that same year, Shaykh at-Tahir Ibn Ashur was made the first Director-Shaykh (Rector) of Zaytuna. This action placed Zaytuna more directly under the control of the Prime Minister because after that time, there was one chief representative at Zaytuna and he was highly responsible to the government. In the year 1933 great reform took place at Zaytuna. In that year the reform commission's efforts were demonstrated by the issuing of decrees on March 30, 1933 and July 3, 1933. In 1933 nationalism was gaining support. A political reformist named Habib Bourguiba was becoming known and gaining a following. Thus the year 1933 played a very important part in the history of Zaytuna. 

Reform Efforts Affecting Zaytuna 

As a result of the articles in La Voix Du Tunisien, which was under the direction of Chadli Khairallah, other newspaper articles, and the persuasion of the Bey's friends, the Bey replaced the Prime Minister and the Shaykh al-Islam in February 1932 because of their conservatism. The new Shaykh al-Islam was Mohammed ben Youssef. At this time at-Tahir Ibn Ashur, Bash-Mufti Malikite, was named Shaykh al-Islim Malikite L’Afrique Francaise, “Tunisie”, 1932, pp. 613-14). This action was something new for the world of Islam in Tunisia for this was the first time that a Shaykh al-Islam had been replaced because of his opposition to reform and this opposition being attacked by the newspapers. This action is evidence of the great pressure which was being placed on the government by the newspapers and the students to bring about reform at Zaytuna. At this time the students felt power and they hoped to further use this power to obtain their objectives. They seemed to be tired of waiting for the commission to bring about reform which had been promised for two years. They felt that the only way that they could have results from the reform commission, rather than only promises similar to those of the commission of 1924, was to increase the pressure on the government to bring about this reform. The replacement of the Prime Minister and the Shaykh al-Islam was evidence to the students that they were making progress in their bid for reform. Furthermore the placing of at-Tahir Ibn Ashur, a known supporter of reform, as Shaykh al-Islam Malikite must have given the students confidence that they were going to be successful in their efforts for reform and modernization of Zaytuna. 

The second congress of North African Muslim students 

The second congress of North African Muslim students was held in August 1932. The goal of these young Muslim scholars was to have a more modern education while retaining important aspects of Islam. In maintaining that of importance from Islam, the perpetuation of the Arabic language was emphasized (L’Afrique Francaise, “Le 2e Congres” 1932, pp. 572-75). At this time Arabic was being ignored or placed second to French in the French-styled ecoles. These students wanted to change this situation and return Arabic to its prime position in the educational institutions of North Africa. 

This organization also desired that Zaytuna and the other centers of Islamic learning in North Africa change their programs so that they were more in conformity with the "intellectual activity and practical spirit" that was required in the modern world (L’Afrique Francaise, “Le 2e Congres” 1932, pp. 572-75).  

Thus at this time, the students were doing more than just proclaiming that they wanted reform. They were uniting, not only in the various Islamic countries, but also as a body of North African students. In this way they hoped to be more successful in obtaining a modernization of the education in the Islamic countries of North Africa. Although this group seems to have done little in the 1930's to directly bring reform to Zaytuna, its organization was an effort to further unite students behind reform objectives. 

Decrees issued affecting Zaytuna 

There were four decrees issued in 1932 and 1933 which affected Zaytuna. The first decree, the Decree of September 12, 1932, increased the number of mudarris (teachers) at Zaytuna. The second decree, the Decree of September 20, 1932, established a Rector or Shaykh-Director for Zaytuna. The third decree, the Decree of March 30, 1933, was a major reorganizational decree directed toward Zaytuna. The fourth decree, the Decree of July 3, 1933 changed various points of the Decree of March 30, 1933. 

Decree of September 12, 1932: The Decree of September 12, 1932 stated that the number of teachers of the first, second, and third (auxiliary) classes at Zaytuna was insufficient for the needs of Zaytuna. This insufficiency was a result of the student population increasing from 900 in 1907 to nearly 3,000 in 1933. This decree stated that in order to rectify this inadequacy, there would be eight teachers of the second class added to the Zaytuna faculty. The decree also stipulated that there would be no distinction made as to the legal rite to which these teachers belonged. This last portion of the first article was really revolutionary, for the equal division of the two legal rites, Hanafite and Malikite, had been the usual practice at Zaytuna since the charter for Zaytuna University was created by Ahmed Bey in 1842. Furthermore although the Decree of September 16, 1912 stipulated that there could be 31 professors of the first class and 13 professors of the second class, it appears from the various reports which have already been discussed in this dissertation, that the teachers of the first class usually remained at 12 rather than 13. This allowed the faculty to be equally divided between the two rites. 

Article 2 of the Decree of 1932 restated what had been stated in other decrees regarding the recruitment of new professors. This article stated that new professors would be recruited by competitive examination and that the test on jurisprudence would be based on the legal rite of the candidate (Journal Officiel Tunisien, November 2, 1932). 

Decree of September 20, 1932: In the Decree of September 20,1932 the Shaykh at-Tahir Ibn Ashur was "charged with the functions of Shaykh-Director [Rector] of the Grand Mosque of Tunis and of its annexes." 

Article 2 of this decree stated that the Rector would be responsible to the government in the administration of Zaytuna. He was to make sure that the various regulations affecting the education at the mosque were followed, that order and discipline were maintained, and that the Prime Minister was kept aware of its various activities. This article further stated that all the personnel including the teachers, administrators, and librarians were to be placed under the Rector's direction. 

Article 4 stipulated that the Rector would be assisted by two other Shaykhs. These assistants were to have the title of Cheikhs Adjoints au Directeur (Journal Officiel Tunisien, September 24, 1932, pp. 2134-35). 

This decree answered some but not all of the requests of Zaytuna students and the newspapers concerning the reform of the nizara. The demands were met by having one head of Zaytuna (the Rector) who was directly responsible to the government for the affairs of Zaytuna. Yet this action didn't fully meet the reorganizational demands, for the new Rector maintained his position as Shaykh al-Islam Malikite. Thus instead of dividing the responsibility of the administration of the shariaa and the university, the responsibility of both important and demanding positions was given to one man, Shaykh at-Tahir Ibn Ashur. 

Although Ibn Ashur held a dual responsibility, he was well accepted. Even the students were enthusiastic because they felt that Ibn Ashur would introduce necessary reforms. The Bey emphasized this need for reform in his congratulations to Ibn Ashur when he asked the new Rector to strive to bring new programs to Zaytuna (L’Afrique Francaise, October, 1932, pp. 613-14). 

In an interview with Ibn Ashur, the new Rector stated his desire to bring reform to Zaytuna. He stated that it was his desire to add courses in "modern sciences' such as hygiene, natural history, and general history. He also mentioned a desire to improve the methods of teaching at Zaytuna, to increase specialization in the courses, and generally to improve the state of affairs at Zaytuna (La Depeche Tunisienne, October 7, 1932). Ibn Ashur was successful in seeing many of these desires fulfilled (as will be discussed later in this chapter) when the Decree of March 30, 1933 was issued. 

Decree of March 30, 1933: The Decree of March 30, 1933, like the Decrees of December 26, 1875 and September 16, 1912, was a major decree affecting the organization of the education at Zaytuna Mosque. This decree was composed of 252 articles and was divided into the following five titles: "The Administration of the Great Mosque;" "The Organization of the Education at the Zaytuna Mosque and in its Annexes;" "The Status of the Professors;" "The Students;" and "The Transitory Dispositions." These titles were further divided into chapters and articles. 

According to the new decree, the administration of Zaytuna was to be assumed by the following officials: (1) a Shaykh-Director assisted by two adjuncts; (2) a council of improvement composed of the Ministre de la Plume, the Shaykhs al-Islam (Hanafite and Malikite), the two qadis of Tunis (Hanafite and Malikite), the director of habus, and two professors (one of each of the two legal rites); (3) clerk secretaries; (4) inspectors; (5) the librarians and assistant librarians; and (6) des gens de service. In this decree the responsibility that the Shaykh-Director had in informing the Prime Minister of the affairs of Zaytuna was reinforced. The fact that the Rector was directly responsible to the Prime Minister and that the Ministre de la Plume was to have an active role in the affairs of Zaytuna illustrates the active role that the government was taking in the conduct of Zaytuna.

The council of improvement, which was newly created by this decree, was to meet two times a year. This council was charged with researching the proper means of developing and improving the education at Zaytuna.

In article 20 the object of the education at Zaytuna was stated as follows; 

The object of the education at the Zaytuna Mosque and in its annexes is the conservation of the sciences of the religious law, of the knowledge that constitutes the introduction of these sciences, of the Arab linguistic sciences; it is also to cultivate the mind of the students for the education in the indispensable practical knowledge, which are not harmful to the principle subjects taught in this establishment. 

According to this article Zaytuna was an Islamic institution of education and was to avoid teaching subjects that would draw students away from the Islamic faith (any modern science courses could be placed under this restriction that the Zaytuna officials didn't want taught). In the French version of article 20 it stated: "c'est aussi de cultivar l'esprit des eleves par l'enseignement des connaissances pratiques indispensables, qui ne nuisent point a l'etude des matieres principales enselgnees dans cet etablissement." The use of "ne. . .point," which is an emphatic negative expression, places stress on the fact that Zaytuna was not to teach subjects which appeared to draw students away from Islam. 

Article 21 maintained the three instructional levels: primary, secondary, and superior. It further stated that the instruction given in the secondary and superior levels would be of general knowledge and psalmody. The secondary and superior courses, according to article 22, were to be taught in the mosque while the primary courses were to be taught in the annexes. 

Articles 23-28 listed the subjects that were to be taught at Zaytuna. These subjects are listed in Table 11. It can be noted from this list that there was an increase in the number of history and science subjects taught at Zaytuna, but it can also be noted that these subjects were only taught in the lower levels and didn't extend themselves beyond the second year of the secondary cycle. Thus the exposure to these subjects which had been the demands of students, professors, newspapers, and even Ibn Ashur (the Shaykh-Director) was very limited and elementary (Journal Officiel Tunisien, April 29, 1933, pp. 901-14).


Table 11 (L’Afrique Francaise, June 1933, p. 330)

By Cycle Distribution of Subjects Taught

and According to the Decree of 1933

_____________________________________________________________


Subjects                       First Cycle    Second Cycle            Third Cycle*
                                        1 2 3 4            1 2 3 P           first  second third
                                                                                      L J      L J      L J  P
 Theology                          X X X X                                              X           
Biography of Prophet                                 X      X                                    
Hadith                                        X                 X                 X        X       X  
Tafsir                                                             X X           X X     X X    X X X
Law                                   X X X               X X X X              X       X        X  
Successions                                X             X X    X                                   X
Judicial Methodology                                   X X                    X       X       X  
Reduction of Acts                                        X X    X                               
Shariaah Procedure                                                              X       X      
Ethics                               X X X X                    X                                       X
Psalmody                          X X                             X                                    X
Literature                         X X X X               X X X              X        X        X    X
Syntax                              X X X X           X X X              X       X       X    X 
Morphology                          X X X            X X                                          
Lexicography                                                 X                                    
Prosody                                                         X                                    
Logic                                          X            X X                                          
Rhetoric                                      X           X X X              X       X       X     
Dialectics                                                    X                                          
Orthography                         X X                     X                      
Writing                                 X X                
Pedagogy                                                       X              X X    X X    X X X 
General History                                            X   
Arab History (pre-Islam)                                                           X         
Islamic History                         X X             
History of Tunisia                         X          
Geography                          X X X             
Arithmetic                           X X X             X   
Geometry                                                    X             
Cosmography                                 X   
Al-miqat                                                      X   
Lessons in Selection                  X X X            X
Hygiene                               X X X             
_____________________________________________________________


        *Key:  L--Literature Section     J—Judicial Section     P—Psalmody  

_____________________________________________________________

According to article 31 the duration of time spent studying in the primary cycle was to be 4 to 6 years. In the secondary and superior cycle the general education students were to spend 3 to 5 years in study while the psalmody students were to spend 1 to 2 years. Before the issuing of the new decree, the students spent approximately 2 years in the primary cycle, approximately 3 years in the secondary cycle, 2 more years in the third cycle, and the eighth year in preparation for the examination of the tatwia. According to the new decree, a student might spend nearly as much time in the primary cycle alone as he had during his entire educational experience at Zaytuna before 1933. Thus instead of shortening the duration of studies as Ibn Ashur had proposed in his book a laisa as-subt) bi qarlb? and as had been requested by the Prime Minister in the opening session of the reform commission in 1930, the time spend at Zaytuna was increased. 

One reason for the increased duration of total study time spent at Zaytuna was the establishment of specialized areas of study. This specialization met one of the demands of students in the 1930's. The three areas of specialization were as follows; Juridical-Religious, Literature, and Psalmody. 

In general the subjects relating to religious principles and the juridical- religious sciences were taught at Zaytuna or its mosque annexes. However the following subjects were taught at unspecified places outside mosques; the partition (application) of the successions; writing; orthography; history; geography; literature; drawing of the authenticated deeds; arithmetic; algebra; geometry; cosmography; chronometry; “les lecons de choses;” and hygiene. There were at least two reasons for teaching these courses outside the mosque. The first reason was that since Zaytuna was a sacred edifice, it was to be respected and only to be used for Islamic studies. Secondly the numerous students who were taking classes at Zaytuna required that some classes be taught outside of Zaytuna, and those subjects that didn't pertain directly to or only had minor relation to Islam were the best candidates for this.

In articles 54 and 57 the methods of instruction were presented. In this presentation it was forbidden for those in the first cycle to study the criticisms and works of controversial questions. In the secondary cycle, the teacher was only to use those criticisms which were necessary. In the superior cycle, the questions were to be studied in a manner which resulted in a better understanding of the material by the students. 

In title 3 it was stipulated that there would be 8 professors of a new unique class, 23 professors of the first class, 21 professors of the second class, and an unspecified number of auxiliary professors. 60 of these auxiliary professors were to deliver lectures at Zaytuna's annexes. 

According to article 60 the exact sciences studied at Zaytuna would be taught at the annexes set aside for this purpose. These exact sciences were to be taught by professors who had received teacher's diplomas in a state school; yet those who held both the state and Zaytuna diplomas were to be given preference. Article 60 further opened a connection between state and religious institutions. Before this time only graduates of Zaytuna or another Grand Mosque could teach Zaytuna students. Even Khalduniyyah was not fully accepted by all the Zaytuna faculty as a means of teaching Zaytuna students modern science. After the Decree of 1933 was issued, Zaytuna students would not only be able to take some modern science courses, but they could also take courses taught by specified non-Zaytuna graduates. 

According to article 77 the professors at Zaytuna were forbidden to discuss politics. This article stated: 

It is forbidden for the professors to entertain themselves with the students' political questions and to criticize the acts of the government or the administration of the mosque. 

The increase in governmental control is mentioned in this article. Furthermore the right to speak freely, an action which had resulted in student demonstrations in the past, was to be taken away, for the professors were "forbidden; to talk about the activities of political and Zaytuna officials. 

The new decree took another positive and dictatorial action in striving to bring an end to student demonstrations. In this decree it was forbidden for professors and functionaries to take part in any demonstrations or to give adverse information to journalists. The professors were advised that they were only to treat the "purely" religious questions. The inclusion of this article in the Decree of 1933 indicates that the government felt that one of the real causes of the student demonstrations was the unfavorable publicity of the newspapers. Through these restrictions the government officials hoped to bring an end to these demonstrations. 

In this decree the punishment for an infraction by the professors was increased. Before this time a deduction in salary was the major course of discipline for the professors, especially absent professors; but in the Decree of 1933, it stipulated that the following may be used as punishments; (1) warning, (2) reprimand, (3) the deprivation of a third or more of the professor's monthly salary, (4) delay in advancement, (5) suspension from a teaching position for three months or more, and (6) disbanding and revocation of the professor's right to teach. These punishments were stronger than the previous "slap on the hand" which subtracted pay for the period of absence. 

To carry out disciplinary actions beyond the warning and reprimand stage, a special council was to be formed according to the decree. This council was to be a disciplinary one composed of the Shaykh-Director, two professors chosen by the director, one professor chosen by the accused, and one functionary chosen by the Prime Minister. 

Articles 95 to 154 discussed the details of the competitive examinations for faculty positions. One change from previous decrees is noted in the requirements for taking the competitive examination for the new post of superior professor. In order to qualify for this position, a teacher had to be a first class professor and have at least 10 years of teaching experience. Furthermore he had to have completed the various courses on the works which were studied in the superior cycle. 

In order to apply for the competitive examination for the position of first class professor, a person had to be a professor of the second class, have two years of teaching experience, obtain the diploma al-alimya (a diploma given for success on the final test after the superior level of studies), and have the qualifications for the vacant position. 

The professors of the second class were also to be chosen by competitive examinations. These examinations were to be on such subjects as theology, syntax, morphology, etc. 

Title 4 dealt with the students. In this section regulations were made for entrance into Zaytuna. According to this decree a student wishing to enter Zaytuna couldn't be less than 12 years old. He was to know the printed works, be able to write dictation, “know by heart” at least the last fourth of the Qur'an, and be acquainted with the texts which were used in the first years of the primary cycle. The future students in psalmody would have to know by heart all the ahzab of the Qur'an. To this rule some exceptions could be made. 

The students were still required to obtain a notebook. This notebook contained the student's picture and as in the past, a report on his progress at Zaytuna.

The students were forbidden to read the journals and reviews and to occupy themselves with other matters than the questions taught at Zaytuna. Disobedience of this rule would be punished in varying manners. Thus the students, like the professors, were limited in their ability to become familiar with the journals and magazines. Students were banned from reading journals and the professors were not allowed to contribute to articles in these journals because the government as well as the Zaytuna officials seemed to blame the demonstrations of 1930 on the influence of these journals. 

Articles 180 and 197 discussed the yearly examinations and stipulated that there would be three progress examinations at the end of each quarter of the scholastic year. These first and second quarter examinations were to cover the material discussed during the quarter. The third quarter examination (or year-end examination) was to cover all the material taught during the scholastic year. Those who were successful on the final examination were to be permitted to pass to the next level of study. 

The student's performance on the sections of these tests was to be given a score of 1 to 20. A student had to obtain a medium score and have no zeroes in order to advance to the next level of study. This section of the Decree of 1933 took some of the power from the inspectors by creating this scoring system. Before the creation of this scoring system, a professor had to present no justification for his rating of a student's performance on a test; but with the new decree, a professor would have to at least support his decision with the various scores of the student on the sections of the examination. 

According to the Decree of 1933, there were to be three diplomas given, one for each cycle. The diploma for the superior cycle was the al-alimyya. This diploma mentioned the specific areas of interest which were either judicial science, literature, or psalmody. The diploma for the end of the secondary cycle was the tahsil, which mentioned either general knowledge or psalmody. The diploma for the end of the primary cycle was the ahliya; this cycle had no special mentions because all the students followed the same course of study. 

The tests which were to be given to the students seeking a diploma were composed of three parts. One part was to consist of a written composition. The second part was to consist of an oral explanation and the third part was to consist of the answering of questions. The students would receive points for their performance and knowledge on the materials given on the test. This decree also stipulated what the students would have to know in the various cycles. 

No specific works were stipulated by this decree for use at Zaytuna. However it was stated that the works used were to be submitted to the examination of a jury presided over by a member of the Council of Improvements. These officials were to be assisted by superior or first class professors who were specialists in the subjects studied and their relative works. 

Title 5 contained transitory dispositions needed to pass from the ancient organization to the organization according to the new decree. According to this section those holding the tatwia were to be assimilated into the group holding the tahsil (secondary cycle diploma). These people would also be able to present themselves for the new test for the diploma, al-calimyya, if they had accomplished three years of studies at Zaytuna without interruption. Those who had only accomplished two years of studies would have the right to the diploma following a third year of superior courses and the examinations. In both these cases the examination for the superior diploma would be based on the specialization of the person taking the examination. This transitional section also stated that the students who were in their third and fourth years of the secondary cycle would continue in the old program, but would be required to take the new subject (Journal Officiel Tunisien, April 29, 1933, pp. 901-14). 

This decree mainly affected the organization and implementation of programs at Zaytuna. The books used and the teaching methods employed were not incorporated as part of this decree. 

In examining the success of the Decree of 1933, it is important to list both the changes desired and not met, and the actual accomplishments of the decree. In examining the success, some of the requests made by the Prime Minister and the Shaykh al-Islam at the opening of the reform commission in 1930 will be compared with the results. The Prime Minister desired to have the study time spent at Zaytuna shortened to the least possible time. The Decree of 1933 not only didn't fulfill this request, but it also added a new diploma which increased rather than decreased this study time. The Shaykh al-Islam asked for three changes: (1) military exemption for Zaytuna students (which was also requested by the striking students in 1910, but not met by the Decree of 1912); (2) administration of the madrasas by the nizara; and (3) reattachment of the kuttabs to the nizara. None of these requests were met by the Decree of 1933. Thus in many ways the decree failed to meet not only the demands of the students for modernization, but also the requests of the officials for improvements. 

Though this decree didn't meet all the demands of Zaytuna students and officials, it did meet some of those demands and was successful in bringing some needed reforms to Zaytuna. One official who was successful in obtaining some of his requests was at-Tahir Ibn Ashur. It can be recalled that he requested that there be more modern courses at Zaytuna dealing with modern sciences, hygiene, natural history and general history. It can be noted from the Decree of 1933 that many of these requests were met; if the extent to which these subjects were included in Zaytuna’s curriculum was agreeable with Ibn Ashur is hard to state, but it does appear that he was one of the strong forces in bringing about the incorporation of these subjects. Another important improvement that was accomplished by the Decree of 1933 was the establishment of the Council of Improvement and Discipline. Through the creation of this council, it became easier to handle the problems created by poor or absent professors. The Decree of 1933 also improved the diploma system. Some of the other improvements made by the Decree of 1933 included the establishment of regulations for scoring a student's examinations, the creation of entrance regulations, and the increase in governmental control over the educational affairs of Zaytuna. Though this decree was successful in making some needed improvements, its weaknesses in addition to those problems already mentioned included: (1) failure to improve the antiquated educational methods, (2) no extensive increase in the number of modern science subjects taught, and (3) no improvements made on the texts used. 

Decree of July 3, 1933: Shortly after the issuing of the Decree of March 30, 1933, opposition was manifested by the students and the newspapers to various points mentioned in the decree. These oppositions resulted in a decree being issued on July 3, 1933 which brought change to articles 6 and 62 of the March 30, 1933 Decree. 

The Decree of July 3, 1933 changed the composition of the Council of Improvement as mentioned in article 6 of that decree. According to the Decree of July 1933, the Council of Improvement was to consist of the following: the Ministre de la Plume, president; the Shaykh-Director, vice-president; the two Shaykhs al-Islam, Hanafite and Malikite; two magistrates of the Sharlca, the one Hanafite and the other Malikite; the director of the habus; two professors of the first class, the one Hanafite and the other Malikite, named by the Prime Minister for the duration of three years; and a Muslim functionary of the Director General of the Interior. 

This organization differed from the one stipulated by the Decree of March 30, 1933 in two important ways. First the two qadis of Tunis were replaced by two magistrates of the Sharica, one Hanafite and one Malikite; and secondly the two professors of each rite, who were to be chosen by the Prime Minister, were now specified as "first class" professors, while in the previous decree they had only been identified as professors. 

Article 62 of the Decree of July 3, 1933 returned the number of first and second class professors to the number stipulated in the 1912 decree rather than maintaining the number stipulated in the September 12, 1932 and March 30, 1933 decrees. Thus the number of first class professors was to be 31 and the number of second class professors was to be 13. However it can be remembered that the actual number of first and second class professors was usually one less than that which was specified by the Decree of 1912. The Decree of July 3, 1933 further stipulated that the professors who occupied the new position of Superior Professors were not to be chosen with regard to the legal rite to which they belonged Journal Officiel Tunisien, September 27, 1933, pp. 1861-34). 

This decree strived to maintain less emphasis on the two judicial rites. This was a revolutionary action which hadn't been demonstrated before the 1930's. 

Some Political Developments in Tunisia and Their Effect on Zaytuna 

Following the war and notably in the 1930's, there were great conflicts between the nationalists, who wanted to prohibit Muslims who had become French citizens from enjoying the right of Islam, and the naturalized French citizens, who felt that they should be able to receive the benefits of both French citizenship and Islamic membership. The intense feelings between these two groups were manifested in 1933. One conflict which resulted in a protest strike by Zaytuna students revolved around the issue of burying naturalized French citizens in Muslim cemeteries. One of these conflict-producing incidents concerned the burying of a man in Bizerte. This man had married a French woman, but had adhered to his religion and was a member of a Muslim society. He died on December 31, 1932 and his burial in a Muslim cemetary was opposed on the grounds that he was no longer a Muslim. The incident resulted in a controversy among those who thought he should be buried in a Muslim cemetary and those who didn't. This affair was brought to the qadi (judge) of Bizerte who refused to settle the dispute because he considered it a religious question. This case was then taken to the Mufti of Bizerte who stated:  

the deceased was no longer Muslim as [a] naturalized Frenchman, and that, by result, his inhumation in the Muslim cemetary (where were buried his parents and one of his children) was not possible (L’ Afrique Francais, June 1933, pp. 329-34).
This ruling caused more controversial feelings by those for and against the naturalization of Muslims; but before the two groups had time to react on the first ruling, a second incident concerning another burial was decided. In the second case the deceased was a young daughter of a naturalized French Muslim. In this case it was decided that the girl could be buried in the Muslim cemetary because it was felt that she shouldn't be held accountable for her parents' sins (L’ Afrique Francais, June 1933, pp. 329-34).As similar instances arose, the feelings of conflict between the nationalists and naturalized citizens increased. 

During this controversy Shaykh at-Tahir Ibn Ashur issued a fatwa on the subject. This fatwa, or religious ruling on an issue, pointed out that a Muslim who had become a naturalized French citizen could repent of his French citizenship and be reinstated as a Muslim (L’Action, Tunisienne, “L’Opinion des Vrais Ulemas sur la Naturalisation, May 4, 1933. 

This type of response resulted in further demonstrations. On April 14, 1933 the students of Zaytuna, some of whom had cheered when at-Tahir Ibn Ashur had become Shaykh-Director, went on strike (L’Afrique Francais, June 1933, pp. 329-34). Concerning this strike, M'Hamed Bourguiba stated in an article in L'Action Tunisienne that many of the students were specifically striking or boycotting the courses of at-Tahir Ibn Ashur (L’Afrique Francais, June 1933, pp. 329-34). 

This fatwa by at-Tahir Ibn Ashur might have caused some boycotting of his classes and probably influenced the strike, but it seems that it was only one of the contributors. These demonstrations followed a period in which the students hadn't been able to obtain their demands for reform of Zaytuna. These demands included not only the reform of the curriculum, teaching methods, and administration of Zaytuna, but also the demand for a new location and more teaching equipment like blackboards and maps. 

Another reason for these demonstrations was the conflict between the reformist and non-reformist groups at Zaytuna. At this time the various faculty members and students were being labeled according to their traditional or non-traditional attitudes (Al-‘Asram,Interview, March 22, 1974). This internal conflict within Zaytuna came into the open more during the demonstrations when the reformist sections at Zaytuna made their demands public and hence came in open conflict with many attitudes of the non-reformist section.  

The striking students were supported by the newspapers. One young writer, Habib Bourguiba (who in the 1950's led Tunisia to independence and to this date in 1975 has been Tunisia's only president) wrote articles against the Ulamas' fatwa on the repentant naturalist. He stated in L'Action Tunisienne (April 20, 1933) that Islam had to be accepted as a whole. One couldn't just accept one part (L’Action Tunisienne, Habib Bourguiba, “L’Opinion”, April 20, 1933). Thus if one became a citizen of France, he rejected Islam. 

As a consequence of his action and the connection of the Destour Party with this demonstration, the Destour Party was dissolved in June 1933. This action included governmental suspension not only of the party, but also of the party's publications (L’Afrique Francaise No. 6, “La Dissolution,” June 1933, pp. 349-50). 

at-Tahir Ibn Ashur

After the fatwa of the Ulama, for which at-Tahir Ibn Ashur was responsible, the attacks continued to increase in favor of replacing Ibn Ashur. The Tunis Socialiste began to use the argument it had previously used in asking for reform of the nizara. In relation to the replacement of Ibn Ashur, it stated: 

The Rector of the Grand Mosque is at the same time, Shaykh al-Islam of the Malikite rite. His last charge. . . is very absorbent and does not permit those who occupy it of another occupation (M.Z., “A La Grande Mosque,” July 28, 1933). 

This article further reemphasized that, "it is not possible to be at the same time President of the Divan [the court of justice] and Rector of the Grand Mosque” (L’Afrique Francais, June 1933, pp. 329-34). 

On September 30, 1933 Shaykh at-Tlhir Ibn Ashur resigned as Shaykh-Director of Zaytuna University. He did this by a letter addressed to the Bey. In this letter Ibn Ashur stated that he had a "double obligation"; yet he had tried to serve the Bey, Islam, and l'elite de la jounesse universitaire. He stated that he couldn't fill the two positions effectively. He further stated that he couldn't continue "against the attitude of the students who appear to abstain themselves and not comprehend their genuine interests." With these comments he presented his resignation to the Bey. 

It was hoped that this action of at-Tahir Ibn Ashur would put an end to the student demonstrations and class boycotts and bring order back to the education at Zaytuna (L’Afrique Francaise No. 10, “A La Grande Mosquee,” October 1933, pp. 599-600). But such an action still didn't solve the century-old problems of methods and curriculum at Zaytuna. As a result of at-Tahir Ibn Ashur's dismissal, a new Shaykh-Director was selected. According to a decree issued on October 3, 1933, Salah al-Maleki was to be appointed Shaykh-Director of the Grand Mosque and of its annexes (Journal Officiel Tunisien, October 6, 1933, p. 1929). 

Growth of Tunisia after 1881 and its affect on Zaytuna 

Tunisia had been developing during the Protectorate period into a modern nation, yet Zaytuna had made little improvements. Tunisia had entered into the modern world; but the Zaytuna conservatist either felt that the century-old education at Zaytuna needed little improvement, or they were concerned about the results of these improvements.  

Table 12 illustrates, on a small scale, some of the developments which took place in Tunisia during the Protectorate period (this table covers the period from 1881-1940, but It can be used to give a general idea of Tunisia's development during the period covered by this dissertation). 

Table 12

The Work of the French in Tunisia 1881-1940
(L’Oeuver De La France en Tunisie, Tunis, 1941)
_____________________________________________________________

Object of Improvement                                1881             1940
_____________________________________________________________

Number of Doctors                                          30               400

Number of Hospital Beds                                  50             2,300

Length of Telephone Lines                                  0           56,600 km

Length of Telegraph Lines                                   ?             17,330 km
____________________________________________________________

The developments mentioned in Table 12 coupled with the "modern inventions created a feeling of modernization among the people of Tunisia. Yet Zaytuna was in many ways maintaining the old and not striving to prepare its students for the developments that were taking place in Tunisia and the world. This condition resulted in the discontent and further demonstrations of the students for reform. 

Zaytuna after October 1933 until the end of 1933 

Although at-Tahir Ibn Ashur had resigned and two new decrees were issued affecting ZaytGna, still the problems hadn't been solved. Zaytuna was still following old teaching methods, using old texts, and having few courses which prepared the students for the available jobs in "modern" Tunisia. This lack of reform in these areas was to cause further demonstrations, decrees, reforms, and additions to the state of Zaytuna in the years that followed 1933. 

Some have argued that this lack of more extensive reforms by 1933 resulted from both the opposition from the conservative sections which felt that such actions would result in a destruction of the Zaytuna students' faith and opposition from the French. The French had stated often that they wanted to help bring about reform at Zaytuna. However the French actually opposed such improvements as a change in action and modernization of teaching methods because this would result in an increased enrollment at Zaytuna. The French also feared that this increased enrollment would cause more political problems because the Zaytuna students were the most anti-French and the greatest supporters of that which was traditional (Muhammad Ali al-‘Asram, Zaytuna Professor, personal interview, March 22, 1974). 

Although there were organizational reforms issued which affected Zaytuna, little was done to improve the methods and modernize the education at Zaytuna. Thus the following statement could be used to describe the type of education at Zaytuna in 1933: 

The people. . .combine the instruction of children in the Qur'an, usually, with the teaching of traditions. They also teach basic scientific norms and certain scientific problems. However, they stress giving their children a good knowledge of the Qur'an and acquainting them with its various recensions and readings more than anything else, (Ibn Khaldun, 1958, New York, p. 302).

Summary 

The period from 1932 to 1933 was one of opposition to and reform of the educational approach at Zaytuna. First the nizara came under attack. The reformers felt that the nizara could not effectively perform the functions of the sharlca and the administrative duties of Zaytuna at the same time. This attack led to reform at Zaytuna and the creation of the new administrative office of Shaykh-Director. This official was responsible for the total functions at Zaytuna and was under the direction of the Prime Minister. Shaykh at-Tahir Ibn Ashur was the first Shaykh-Director. 

Secondly this was also a period in which the students were uniting together to obtain their reform goals. For instance the second conference of the North African Muslim students was held in 1932. In that conference educational reform was one of the chief issues.  

Thirdly the Decree of March 1933 played an important role in the reform and secularization of Zaytuna. In this decree the administrative body of Zaytuna was placed under more direct control of the government. This was accomplished by having the Shaykh-Director, as mentioned in the Decree of 1932 and reinforced in the Decree of March 1933, directly responsible to the Prime Minister and by having the Ministre de la Plume as president of the Council of Improvement. In this way the government was able to maintain and increase its control over the affairs of Zaytuna. In the March 1933 decree the government strived to better control the actions of both the students and the teachers. Specific reprimands were stipulated for actions performed by either students or teachers which could be detrimental to Zaytuna or the government. Thus this decree hoped to exercise control over the actions of students or teachers which might incite further demonstrations. The Decree of March 30, 1933 further made some progress in introducing modern courses at Zaytuna. Though it was a small step, history, science, and hygiene courses were added to Zaytuna's curriculum. Thus the Decrees of 1933 increased governmental control over Zaytuna, modernized—on a small scale—the courses at Zaytuna, and paved the way for future reforms and increased secularization of Zaytuna in the years which followed. 

This period from 1932 to 1933 was also a period of political agitation in Tunisia. The battle was on between the naturalist and the nationalist. The nationalist group was being strongly supported by the Zaytuna students and by the articles of Hablb Bourguiba. Consequently this was a time in which Zaytuna was not only having reforms introduced which paved the way for its secularization, but Tunisia was also beginning its march toward independence under the leadership of Habib Bourguiba. 

By 1933 Zaytuna was existing in a modernizing Tunisia, but it was striving to meet the modern with the traditional. Though this approach was being attacked as faulty, Zaytuna, with minor reforms, still continued along its traditional instructional path. 

Bibliography 

Ibn Khaldun, The Muqaddimah : An Introduction to History, Trans. Franz  
       Rosenthal, 3 Vols. New York: Pantheon Books, 1958) 

Journal Officiel Tunisien (September 24, 1932). 

Journal Officiel Tunisien (September 27, 1933). 

Journal Officiel Tunisien (October 6, 1933). 

Journal Qfficiel Tunisien (November 2, 1932). 

Journal Officiel Tunisien (April 29, 1933), pp. 901-14; see also Reorganisation de L'Enseignement de la Grande Mosquee de Tunis,"

L'Afrique Francaise, No. 6 (June 1933). 

L’Afrique Francaise, "Tunisie; Reformes a la Grande Mosquee de Tunis,"
(October, 1932).  

L'Afrique Francaise No. 10 "A La Grande Mosquee," (October 1933). 

L'Afrique Francaise, "Le 2e Congres des Etudiants Musulmans Nord-Africains,"  (October, 1932). 

L,'0euver De La France en Tunisie (Tunis: Imprimerie La Porte, 1941).  

L'Opinion des Vrais Ulemas sur la Naturalisation," L'Action Tunisienne (May 4, 1933). 

La Depeche Tunisienne (October 7, 1932) quoted in L.Y.,"Nominations, Reformes et Projets dans le Divan de Tunis," Revue Des Etudes Islamiques, VI (1932).

"La Dissolution du 'Destours'; Suspension de Journaux Destouriens de Langue Francaise," L'Afrique Francaise No. 6 (June 1933). 

Muhammad Ali al-'Asram, Zaytuna professor, personal interview, Tunis, Tunisia, March 22, 1974. 

Habib Bourguiba, "L'Opinion des Professeurs de la Grande Mosquee," L'Action Tunisienne (April 20, 1933). 

M.Z., "A La Grande Mosque," Tunis Socialiste (July 28, 1933). 

Tunis Socialiste (July 28, 1933). 

Muhammad Ali al-'Asram, Zaytuna professor, personal interview, Tunis, Tunisia, March 22, 1974.

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