The Metamorphosis of Family Law in Turkey: Navigating between Maslahah and Religious Authenticity

Abstract

This study explores the metamorphosis of family law in Turkey in response to ongoing social dynamics and the tension between maslahah (public interest) and religious authenticity. The background of this study lies in Turkey's radical transition from the Ottoman legal system, rooted in Hanafi jurisprudence, to the adoption of the Swiss Civil Code in 1926, which marked a decisive shift toward secularization. The primary objective is to examine how Turkish family law reforms integrate modern legal values, such as gender equality and social justice, while navigating Islamic legal principles. Using a qualitative normative approach, the study employs historical and comparative analysis of legal texts, codifications, and reform trajectories. The results show that the reforms addressed issues such as the prohibition of polygamy, equal distribution of inheritance, women's right to marry without a guardian, annulment and nullification of marriages, divorce regulations, and compensation mechanisms. The findings demonstrate that Turkish legal reforms embodied a dual dimension: law as a passive response to evolving social dynamics, and law as an active instrument of social engineering. The implication is that the Turkish experience illustrates the possibility of harmonizing Islamic law through ijtihad with modern legal frameworks, ensuring relevance to contemporary needs while maintaining the foundations of religious authenticity.