How Does Turkish Family Law Cope with Different Ways of Living?

Abstract

AbstractThere are citizens with a variety of ethnic and religious cultures living in Turkey; however, the Turkish Constitution makes no distinctions between these groups. Therefore, the Turkish Civil Code, which regulates family relations, does not take into consideration any cultural differences. Some members of Turkish society have adopted a completely secular way of life. However, Muslim traditions and ideas are not completely absent or neglected in Turkish society today. Although marriage before an imam is not recognized by Turkish law, there are couples who opt to marry only before an imam. What are the consequences of imam-marriage; what happens to the inheritance, matrimonial or maintenance rights that spouses in such marriages can claim? One example is the dower or mahr, which is considered a cultural tradition in Turkish society. Although the mahr is not regulated in the Turkish Civil Code, claims to it have been the subject matter of cases brought before Turkish courts. How do the courts deal with these cases? Another issue is the religious education of Alevi children. Despite ECHR decisions on this issue, the Turkish state still makes religious culture and ethics courses compulsory for Alevi pupils, and the syllabi of these courses mostly convey a Sunni interpretation of Islam, with the principal Alevi rites presented as cultural activities or folk rituals. How do Alevi parents react to this situation? These three different issues will be examined in this article to investigate how the state is tackling such claims.