Recent Case Roundup: On the Turkish Decision on Hagia Sofia

On July 2, 2020, a division of Turkey's highest administrative appellate court annulled a 1934 presidential decision by Kemal Ataturk, founding president of Turkey, converting Hagia Sophia (tr. Aya Sofya) into a museum.  Days later, on July 10, 2020, Recep Tayyip Erdogan issued a decision based on the court ruling, restoring its status as a … Continue reading Recent Case Roundup: On the Turkish Decision on Hagia Sofia

Weekend Scholarship Roundup

Ashraf Booley argues that Tunisia should be seen as the vanguard of women-friendly legislation in the Arab world in "Progressive Realisation of Muslim Family Law: The Case of Tunisia," Islamic Law & Law of the Muslim World eJournal, (originally published in Potchefstroom Electronic Law Journal, Vol. 22, 2019). In the chapter "Islamist Turn in Turkey, … Continue reading Weekend Scholarship Roundup

Recent Scholarship: Rubin on the Passage of Ottoman Law into the Modern Era

Ottoman Rule of Law and the Modern Political Trial: The Yildiz Case "In 1876, a recently dethroned sultan, Abdülaziz, was found dead in his chambers, the veins in his arm slashed. Five years later, a group of Ottoman senior officials stood a criminal trial and were found guilty for complicity in his murder. Among the … Continue reading Recent Scholarship: Rubin on the Passage of Ottoman Law into the Modern Era

Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

By Cem Tecimer 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 … Continue reading Commentary :: Did Republican Turkey Really Abolish the Ottoman Caliphate? The Curious Case of Law No. 431

Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

By Cem Tecimer 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.[1] Professor Scheppele pluralizes the universe of citations by adding … Continue reading Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?

Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

By Cem Tecimer In 1926, the young Turkish Republic abandoned its codified Islamic personal status law and replaced it with the secular Swiss Civil Code.[1] The new republican government, replacing its Ottoman predecessor, also adopted the Swiss Code of Obligations laying out the law of contracts.[2] Both of these legal transplants were part of a … Continue reading Commentary :: Religious Accommodation in an Assertively Secular Legal System: Mahr and the Turkish Case

Recent Scholarship: Islamic Political Leadership

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

  The latest issue of SSRN’s Islamic Law & Law of the Muslim World eJournal includes: “Who or What Is the Wali al-Amr: The Unposed Question” by Nathan J. Brown This article explores how, in Islamic political writings, the concept of the wali al-amr (head of the community) has been transformed from an individual ruler … Continue reading Recent Scholarship: Islamic Political Leadership