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 ...
like other Muslim countries. A committee headed by
Ahmet Cevdet Pasha
Ahmed Cevdet Pasha or Jevdet Pasha in English (22 March 1822 – 25 May 1895) was an Ottoman scholar, intellectual, bureaucrat, administrator, and historian who was a prominent figure in the Tanzimat reforms of the Ottoman Empire. He was the h ...
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 formed a committee to compare the
civil codes 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 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, the minister of justice in the
4th government of Turkey.
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 marri ...
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
* Hatı Çırpan
* Müfide İlhan
References
{{Civil codes by country, Asia
1926 in Turkey
Civil codes
Law of Turkey