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Marriage

Precedence of the civil mariage

Since the adoption of the Swiss Civil Code in 1926, the Muslim family and personal law no longer have legal value in Turkey. On the other hand, for social reasons, the religious weddings (imam (...)

Since the adoption of the Swiss Civil Code in 1926, the Muslim family and personal law no longer have legal value in Turkey. On the other hand, for social reasons, the religious weddings (imam nikahi) remain the prestigious choice for the socio-religious legitimation of a union among the rural population and lower classes. They are no longer practiced by the higher classes.
Legally, the religious wedding must be preceded by the civil ceremony. The Imams - must of them Government workers - are required to refuse to marry a couple in a religious ceremony if the couple fails to present a civil marriage certificate. In actual fact, every year especially in the summer, the town council organises civil marriage campaigns during which couples that have already been joined in religious ceremonies participate, sometimes in their hundreds. This clearly shows that often, the religious union precedes the civil ceremony.
Polygamy is illegal although isolated cases exist among the Kurds in the South-East where certain tribal customs are still practiced.

D 1 September 2022    ASamim Akgönül

Changes in the Civil Code

Since the Civil code was recently modified in 2001 and 2005, the man no longer has the status of family head. The couple is jointly responsible for their home, both represent their family as (...)

Since the Civil code was recently modified in 2001 and 2005, the man no longer has the status of family head. The couple is jointly responsible for their home, both represent their family as well as provide for its needs. They jointly decide where to live, how to manage family life and share the financial responsibilities (Art. 186).

Under the Turkish Civil Code, the only legal recognition of a union is through civil marriage. However, once a civil marriage has taken place, it is possible to organise a religious marriage if the spouses so wish.

The High Council for Religious Affairs (Din İşleri Yüksek Kurulu), which represents the supreme decision-making and consultative authority within the Presidency of Religious Affairs (Diyanet İşleri Başkanlığı) in religious matters, states that if the civil marriage is celebrated in the presence of families and relatives, in a public and not secret manner, and meets the criteria of a religious marriage, then it is recognised as religiously legitimate.

With the approval of the Ministry of Interior dated 30/11/2017 and numbered 132911, provincial and district muftis can perform civil marriage as well as religious marriage.

D 31 August 2023    AKerem Görkem Arslan ASamim Akgönül

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