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The emergence of islamist offical and unofficial laws in the erdoganist turkey: The case of child marriages

Yilmaz, Ihsan 2021, The emergence of islamist offical and unofficial laws in the erdoganist turkey: The case of child marriages, Religions, vol. 12, no. 7, pp. 1-17, doi: 10.3390/rel12070513.

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Title The emergence of islamist offical and unofficial laws in the erdoganist turkey: The case of child marriages
Author(s) Yilmaz, IhsanORCID iD for Yilmaz, Ihsan orcid.org/0000-0001-8409-3045
Journal name Religions
Volume number 12
Issue number 7
Article ID 513
Start page 1
End page 17
Total pages 17
Publisher MDPI
Place of publication Basel, Switzerland
Publication date 2021
ISSN 2077-1444
Keyword(s) age of marriage
Arts & Humanities
child marriages
Erdogan
Erdoganism
family law
fatwa
Islamism
legal pluralism
POPULATION
Religion
STATE
Turkey
Summary Religion in the hands of authoritarian governments can prove to be an effective political instrument to further their agenda. This paper attempts to explore this aspect of authoritarianism with the case of Turkish family laws under Erdoganist Islamist legal pluralism. The paper analyzes the AKP’s government’s attempts at pro-Islamist legislation, fatwas produced by Diyanet (Turkish Directorate of Religious Affairs) and by pro-government right-wing religious scholars to explore the changes that have occurred, both formally and informally, in the largely secular family laws of the Republic of Turkey in the last decade. By focusing on the age of marriage, this paper tries to understand the impact of Islamist legal pluralism and unofficial Islamist laws on the formal legal system as well as the social implications of this plural socio-legal reality, particularly for vulnerable groups such as the poor, refugees, children, and women. The trends demonstrate the informal system’s skew towards Islamism, patriarchy and disregard for fundamental rights. This Islamist legal plurality almost always operates against the women and underage girls, which creates profound individual and social problems. The paper concludes by pointing out the critical issues emerging in the domain of family law due to the link between the growing power of Islamist legal pluralism and its political instrumentalization by the Justice and Development Party (AKP).
Language eng
DOI 10.3390/rel12070513
Field of Research 2204 Religion and Religious Studies
HERDC Research category C1 Refereed article in a scholarly journal
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30153646

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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.