Non-recognition of Post-modern Turkish Socio-legal Reality and the Predicament of Women

ISSN： 1469-3542

Source： British Journal of Middle Eastern Studies, Vol.30, Iss.1, 2003-05, pp. : 25-41

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Abstract

After the transplantation of the Swiss Civil Code, Turks have had three alternatives: avoidance reaction, to follow the secular state law or a combination of the requirements of Muslim law and secular law. This article argues that they followed the third option by developing a new hybrid rule system that amalgamates the rules of unofficial Muslim law and of official Turkish law. The consequences for women are not promising if the State does not change its 'melting pot' mentality which does not take into account the reality of the plurality of cultures. Women suffer because of the State's rigid stand regarding the black-letter law. It is not feasible to ignore dynamic legal pluralism. Otherwise, other than being unable to protect women, the State could lose its control over the socio-legal domain as a result of the growth of unofficial legal alternatives.