First naturalization laws

The first laws allowing Tunisians to obtain French citizenship were enacted in 1887, six years after the protectorate's establishment. The law of July 29, 1887, specified:

Article 1: May, after the age of twenty-one, be allowed to enjoy the rights of French citizens: the Tunisian subject who has served three years in the French army or navy, or who has performed duties or civilian jobs paid by the French Treasury.

Article 2: The three-year time limit is reduced to one year for the individuals mentioned in the previous article who have rendered France exceptional service.

Article 3: Will also be allowed to enjoy the rights of French citizens: the Tunisian subjects who, without having served in the armed forces or performed duties or civilian jobs paid by the French Treasury, render France exceptional service.

Article 4: The naturalization request is made to the civil controller of the district in which the applicant has established his residence. The civil controller shall automatically undertake a review of the history and character of the applicant [...] In each case, the results of the investigation, together with the request and supporting documents are sent to the Resident-general, who passes on the folder, with his reasoned opinion, to the Ministry of Foreign affairs.^[1]

This law was superseded without major amendments by the decrees of February 28, 1899, October 2, 1910, August 20, 1914, and November 8, 1921.^[2] The 1910 law extended the possibility of applying for naturalization only to Tunisian husbands of French women (with children), to holders of higher degrees (at that time, these could be earned only in France), and to those who had been deemed medically unfit to serve in the armed forces.^[3][4]

However, the reactions to the 1921 decree, which eased the access to French citizenship for foreigners (mostly Jews and Italians) born in Tunisia,^[5] were lively. Some Tunisian newspapers criticized this "attack on Tunisian citizenship" and argued that foreigners in Tunisia could be given Tunisian nationality. On the other hand, others found it normal for Christian foreigners born in Tunisia to seek French citizenship rather than Tunisian.^[6]

The first "official" opposition came from An-Nasir bey on April 8, 1922, when he threatened to abdicate if his 18 requests were not satisfied. The ninth point demanded the "absolute abolition of the Tunisian naturalization decree, both for those who have served in the army and for those who have not". However the Bey was soon compelled to withdraw his demands.^[7]

The number of naturalizations was, at the time, negligible:^[8]

• 1891-1898: 23 Jews
• 1899-1910: 101 Jews
• 1911-1919: 77 Muslims and 213 Jews
• 1920: 22 adults and 6 children, including 2 Jews
• 1921: 10 adults and 9 children, including 9 Jews
• 1922: 33 adults and 24 children, including 29 Jews
• 1923: 39 adults and 25 children, including 30 Jews

Law of December 20, 1923

The concern of the French government about the size of the Italian population in Tunisia and the rise of fascism in Italy encouraged France to enact the law of December 20, 1923, easing access to French citizenship for Tunisians. Under these provisions, those who could apply for French citizenship were:^[3][9]

• Baccalaureate graduates of Sadiki College, of Émile-Loubet Vocational School, normal schools or holders of the Arab higher certificate
• Veterans of World War I or those who had a father or son who had died in the service, or three sons who had served and survived
• Tunisians who had worked for ten years in the French public administration or in a French business
• Tunisians who had at least five children in French schools
• Tunisians deemed to have "contributed to the French mission" in general

One of the first Tunisians to oppose the law was Tahar Haddad who feared the desertion of his countrymen interested in the material benefits of naturalization. On November 13, 1923, he denounced "the opening for naturalizations means, at the minimum, that France wants Tunisians to become French one day. Is this not enough to prove that the French government is eager to suppress the Tunisian nation and the state that represents it, a state that France is committed by treaty to respect and even to defend?"^[10]

The Destour party also tried to oppose this law by organizing a campaign of telegrams. Their attempts to secure condemnation by the religious authorities werevhow vet in vain.^[11] Habib Bey eventually signed the new law into effect, putting an end to their campaign, weakening the nationalist party.^[12]

Naturalizations following the 1923 law

The major beneficiaries of this law were Tunisian Jews, eager to escape the jurisdiction of Tunisian courts which essentially applied Islamic law. From the beginnings of the protectorate, many of them had elected to send their children to French schools. Thus, they now met the conditions for obtaining French citizenship. In 1924, 284 Jews applied for naturalization, as well as 62 Muslims. Between 1924 and 1930, the number of applicants increased to 5300 Jews and 1150 Muslims. Their motivations were mostly prosaic: almost all of the applicants were minor officials attracted by the so-called 'colonial third', whereby French citizens were paid a salary one third higher than that paid to Tunisians.^[13]

Lucien Saint, the Resident-General of France, who was the originator of this law, wanted to weaken the nationalist movement by attracting its better-educated members. However, he managed only to attract the sarcasm of the most racist colonialists, who mocked these new citizens who barely spoke French. When he left Tunisia on January 2, 1929, he did not know that he was leaving his successor François Manceron a time bomb that would re-animate the Tunisian national movement once again.

National movement of 1932

The decrees enacted by Lucien Saint in 1926 led the members of Destour to act with discretion. The economic prosperity of the country in that period did not help them mobilize inhabitants. Waiting for more favourable conditions, they focused on setting up Destourian cells in the countryside and created numerous labor unions in each corporation. Literary, artistic and theatrical companies travelled the country in order to maintain the national sentiment. Nationalist newspapers in Arabic or French were also developing.^[14]

November 1, 1932, saw the publication of the first edition of L'Action Tunisienne managed by Habib Bourguiba, Mahmoud El Materi, Bahri Guiga, M'hamed Bourguiba, Tahar Sfar and Ali Bouhageb.^[15]

Soon, the effects of the Great Depression reached Tunisia and discontent grew in the country. These young nationalists felt that a good cause would be sufficient to revive the National movement on a new basis.

1931 World Islamic Congress of Jerusalem

The nomination of Abdelaziz Thâalbi as a representative of Tunisia to the 1931 World Islamic Congress drew the attention of Tunisians to the conclusions of the meeting, including "the desperate struggle against the naturalization of Muslims in Islamic countries administered by France". The strong popularity of the Destourian leader in exile brought the naturalization issue to the fore once again, especially as the time was favorable to religious renewal, as may be seen from the motion of the Tunisian section of the Grand Council, in favor of Koranic schools and Ez-Zitouna University.^[16]

Burials

Fatwa of Muhammad al-Tahir ibn Ashur

Portrait of Muhammad al-Tahir ibn Ashur.

In order to remove any ambiguity about burial rights, Resident-General François Manceron asked for Cheikh el Islam Muhammad al-Tahir ibn Ashur's advice, in April 1933. The fatwa issued by in response the "Sharaa" court was very ambiguous; it maintained that a Muslim who adopts the nationality of a non-Muslim country is an apostate, but added that if he repents, even verbally, before his death, his burial in Muslim cemeteries is acceptable.^[19] Learning of this maneuver, the Destourians denounced collusion between the French and the religious authorities. Manceron, therefore, informed the French minister of foreign affairs, Joseph Paul-Boncour, of his failure:^[17]

We had every reason to believe that the response of Sharaa would be affirmative and that it would therefore be likely to resolve this difficult issue, but some religious judges' indiscretions have caused the unrest that I point out. It is feared that, even if the legal advice is favorable, it cannot usefully serve us because the Destourians maintain that we lobbied the Sharaa and that such an opinion, not freely issued, has no value.

The Resident-General was not mistaken: When the new fatwa was confirmed, students of Ez-Zitouna started a strike and demanded the removal of its author. Their demand was successful on September 30, 1933.^[20]

Distribution of an anonymous fatwa on May 4

Frontpage of L'Action Tunisienne, on May 4, 1933.

To express his disagreement with al-Tahir ibn Ashur, Mohamed Bechir Naifer (1889-1974), imam in Ez-Zitouna Mosque, wrote a fatwa specifying that a Muslim seeking naturalization was considered to have renounced his faith. The fatwa also made clear the conditions of repentance so that a naturalized had the right to be buried in a Muslim cemetery. This fatwa was countersigned by his brother Ibrahim Naifer. In order to avoid reprisals against the writers of the text, it was copied and signed by Muhammed Salah Naifer (1902-1993) who transmitted it to L'Action Tunisienne journal.^[27]

The fatwa was published anonymously on May 4:

The Muslim who adopts the naturalization of a non-Muslim power governed by laws not conforming to Islamic law is considered, upon this act, as a non-Muslim [...]

Regarding the admissibility of repentance of the Muslim who puts himself in the above case, the Hanafi rite is categorical: it does not admit him [...]

For the Maliki rite, the admissibility of repentance is subject to known conditions that are:

The repentant must proclaim his repentance, therefore conform his actions, not commit the sin of which he repents and repair what can be repaired.

The naturalized can not be declared repentant (tâib) unless he meets these conditions.

Hence it results for the naturalized husband, who comes to repentance, that he must renew his marriage contract. If he cannot return to the situation that he has committed to leave, he is obliged to emigrate to a country where it is possible for him to comply with the commandments of his religion.^[28]

The absence of signatures was justified by the editors of the paper: "In order not to put these teachers in an awkward position towards the administration and avoid the retaliation of "Sidi Tahar," we will not publish their names that we keep for ourselves". However, Muhammed Salah Naifer was suspended from his duties, in the midst of May.^[29]

Creation of special cemeteries

A decree enacted on May 6, 1933, established special cemeteries for naturalized French citizens. Civil controllers were responsible for the creation of these cemeteries in towns where the mood of the inhabitants made it necessary.^[30] These special cemeteries were known to common people as "carrion cemeteries".^[24] It was heartbreaking for those Muslims who could not be buried near their families. At least 70 sought to restore their Tunisian citizenship in their letters addressed to the Resident-General. In these letters, they begged him to "erase their French citizenship" and to give them back Tunisian citizenship so they could be buried with their dead and save their families from shame and despair. One of them, a retired peacekeeper in Kairouan wrote:

MERCY, MERCY, MERCY Minister for this misfortune that during all his life has only been sadness and pain [sic] MERCY, MERCY, MERCY minister for him who is considered as an enemy by his own descendants. And that old loyal heart will always remain friendly to France, his only love [...] Your obedient servant is begging you, begging you MERCY, MERCY, MERCY.

Tunisian socialists relayed these requests to Paris, but the government responded that "French citizenship cannot be lost unless the French government determines that it should deprive one who freely sought it".^[31]

Reviving Tunisian nationalism

The success of popular mobilization galvanized activists to such a point that they demanded the holding of an extraordinary Destour Congress, which took place on May 12 and May 13 in rue de la Montagne, Tunis. Successful in their press campaign, the entire group of L’Action Tunisienne was elected unanimously to the executive Destour committee.

The happiness did not last: On September 4, following a shooting in Monastir cemetery, Habib Bourguiba led a protest delegation of Monastirians to see Ahmed Bey. The members of the executive committee criticised him for taking this decision on his own, without informing them. Furious, Bourguiba resigned form the committee on September 9.^[32] This was the beginning of the split that led to the creation of the Neo Destour on March 2, 1934.