Early marriages in Turkish law

This thesis examines articles 124, 126, and 128 of the Turkish Civil Code which allow marriage under eighteen, from a sociology of law perspective and conducts a socio-legal analysis of early marriages in Turkish Law. The study is supported by field research consisting of qualitative interviews with family court judges who proceed cases of children who apply to family courts for marriage permission at the age of 16. The concept of childhood goes through a sociological construction process and touches upon the fields of social sciences and economic disciplines as well as the discipline of law. Along with its unique characteristics, childhood, together with the themes of family and marriage, marks a universal and permanent period in almost all contemporary societies. In this context, the relations of relevant institutions with the law have been addressed within the framework of early marriages. Throughout the thesis, the legal legislation that applies to the children who are allowed to marry at the age of 16 with court permission and at the age of 17 with parental permission, as well as children who are married early even without an official marriage contract, and the dominant legal culture including the attitudes of lawmakers, judicial actors, local courts and high courts towards early marriages have been analyzed by examining the historical development of the legal rule regarding the age of marriage from the Ottoman Era to the present day. The discussion on the effectiveness of the relevant legal rules has been carried out regarding the best interest of the child, gender, and children's rights, in order to increase the effectiveness of the legal regulations.