Summary and context: In 1924, Turkey abolished the Ottoman Caliphate through a statute numbered 431, or Law No. 431. The construction of the statute was somewhat ambiguous in that it stated that the Caliphate was abolished because that institution was inherent to the State and the Republic, thus almost justifying its abolishment as a separate … Continue reading Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431
Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires. Professor Scheppele pluralizes the universe of citations by adding the “aversive” category, … Continue reading Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?
In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code. The new republican government, replacing its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts. Both of these legal transplants were part of a larger movement concerned … Continue reading Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case
While the founding fathers of the Turkish Republic erased reference to Islam in the Constitution in early 1928, it was not until 1937 that the term “secularism” was inserted into the text of the Constitution. While this legal move was backed up by full parliamentary support in the form of a constitutional amendment, a closer … Continue reading How Was Secularism Added to the Turkish Constitution? The Varying Rationales
Ḥadīth = “the corpus of traditions from the Prophet”; reports of words and sayings attributed to the Prophet Muḥammad (for Sunnīs) as well as to a series of Imams who succeeded him (for Shīʿa); the text of the second source of Islamic law. Context Muḥammad is undoubtedly one of the central figures in Islamic law and … Continue reading Islamic Law Lexicon :: Ḥadīth