Turkish civil code ( tr, Türk Medeni Kanunu) is one of the earliest laws in the history of
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
within the scope of
Turkish reforms.
Background
During the
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
, the legal system of Turkey was
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
like other Muslim countries. A committee headed by
Ahmet Cevdet Pasha in 1877 compiled the rules of Sharia. Although this was an improvement, it still lacked modern concepts. Besides two different legal systems were adopted; one for the
Muslim
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
and the other for the non Muslim subjects of the empire. After the proclamation of Turkish Republic on 29 October 1923, Turkey began to adopt modern laws.
Preparation
The
Turkish parliament
The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
formed a committee to compare the
civil code
A civil code is a codification of private law relating to property, family, and obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
s of European countries. Austrian, German, French and Swiss civil codes were examined Finally on 25 December 1925 the commission decided on the
Swiss civil code
The Swiss Civil Code (SR/RS 210, german: Schweizerisches Zivilgesetzbuch (ZGB); french: Code civil suisse (CC); it, Codice civile svizzero (CC); rm, Cudesch civil svizzer) is a portion of the second part (SR/RS 2) of the internal Swiss law ("Pr ...
as a model for the Turkish civil code. The Turkish Civil Code was enacted on 17 February 1926. The
preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
to the Code was written by
Mahmut Esat Bozkurt
Mahmut Esat Bozkurt (1892 – 21 December 1943) was a Turkish jurist, politician, government minister and academic. His birth name was Mahmut Esat. But after the adaptation of the Turkish Surname Law in 1934, he chose the surname ''Bozkurt'' i ...
, the minister of justice in the
4th government of Turkey
The 4th government of Turkey (3 March 1925 – 1 November 1927) was a government in the history of Turkey. It is also called ''the third İnönü government''.
Background
The government was formed after the previous government led by Fethi Ok ...
.
Women's rights
Although the Code covered many areas of modern living, the most important articles dealt with women’s rights. For the first time women and men were acknowledged to be equal. Under the prior legal system, both the women’s share in the inheritance and the weight of women’s testimony in the courts was half of that of the men. Under the Code, men and women were made equal with regard to inheritance and testimony.
Also legal marriage was made compulsory, and
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
was banned. The women were given the right to choose any profession.
Atatürk’s reforms page
/ref> The women gained full universal suffrage, on 5 December 1934.
See also
*Gülkız Ürbül Gülkız Ürbül (1901–1990) was a Turkish woman who became the first female muhtar ( village chief) in Turkey in 1933. She later on changed her name to Gül Esin Aydın.
Background
Up to 1930, women had no political rights in Turkey. Beginning ...
*Hatı Çırpan
Hatı Çırpan (formerly Satı Kadın, 1890 – March 21, 1956) was a Turkish politician, one of the first female members of the parliament in the Grand National Assembly of Turkey, elected in the 1935 general elections.
Life
She was born i ...
*Müfide İlhan
Müfide İlhan (19 February 1911 – 2 February 1996) was a mayor of Mersin, Turkey in the early 1950s. She is known as being the first woman mayor in Turkey.
Early life
Müfide İlhan was born on 19 February 1911 in İstanbul.Kudret Ünal:''Mü ...
References
{{Civil codes by country, Asia
1926 in Turkey
Civil codes
Law of Turkey