İnönü Üniversitesi Hukuk Fakültesi Dergisi (Dec 2019)
MÜFTÜLERİN EVLENDİRME MEMURLARI ARASINA KATILMASI HAKKINDA GÜNCEL HUKUKÎ GELİŞMELER VE ÖNERİLER
Abstract
Women can obtain legal rights based on marriage law only through official engagement or marriage contract. Extramarital union, only by having religious ceremony of marriage, causes the deprivation of family law rights. Including muftis among the registrars may reduce this deprivation. For the participation of muftis among the registrars, amendments were made in the Law on Civil Registration Services and the Marriage Regulation. The Presidency of Religious Affairs published the Circular on the Official Marriage Authority. The marriage carried out by the Mufti according to the mentioned circular refers to the simultaneous unification of the religious and official ceremonies. The mentioned simultaneous unification violates the hierarchy of norms, especially the fourth paragraph of article 174 of the Constitution and the second paragraph of article 143 of the Turkish Civil Code. According to the relevant circular, marriage ceremony begins and ends with the hadith and prayers required by Islam. The annexes of the Circular are written first in Arabic and then in Turkish. The Constitutional Court, unanimously, rejected the annulment request for the participation of muftis among the registrars. However, in the relevant circular, attention could be paid to the priority sequencing and chronological divergence of the religious and official ceremonies of marriage. In the United Kingdom, in the formalization of religious marriage, the terms of registered marriage, registered building and the authorized person are in the foreground, regardless of Christianity, Judaism or Islam distinction. In Republic of Turkey, The Sunni dimension of Islam has been deservedly satisfied with the participation of muftis among the registrars. In the project of the secularism and the freedom of belief, as Turkish family law expands the circle of officially recognized marriage ceremonies, when the appropriate conditions arise, not only other religions, but also the Alevi and Shia dimension of Islam can be taken into account.
Keywords
