Master'sOpen Access

The role of religion and law in aspect of marriage association in the changing procces in transition to republıc period

2006
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Advisor: Prof.dr. Salim Öğüt

Abstract (EN)

From the half of the 18th century, being influenced by the improvements inEurope, Ottoman Empire was effected by the legalization movements in lawand started a series of law consultations after the proclamation of Tanzimat.With the idea of taking the laws from the West and the conditions of the time,the secular ideas appeared and the borders of the religion were started to bedrown.In Islamic Law the first legalization movement in Ottoman Empire andIslam history, whwn we think largely, was held by Hukuk- Aile Kararnamesi in1917, in family law. In fact,despite the Modern Law joined the legalizationarea with Mecelle in 1876, it was reached up to 1917 because of the religionand sect difference in the public, avoiding the possible refuses and it is not asurgent as the others.Nevertheless, considering the conditions of the time, the events as a esultof the hard position of the empire, wars, and different ideas, brought lots ofchanges and the laws, once practiced by the rulers only, started to beadopted by the publıc.We see Medeni Kanun in 1926as a reference for Family Law. Passingfrom religious items to secular ones. The public had some problems inadopting the social and cultural changes by the passage to the republic. Thereflections of these difficulties had been seen in the Family Law. On the pointof adopting the new formation, some changes were made in the consultedlaw and the difficulties that appeared was tried to be handled whenconfronted.

Author

Dr. Sema Şartepe

How to Cite

Sema Şartepe (Master Thesis). The role of religion and law in aspect of marriage association in the changing procces in transition to republıc period, 2006, Gazi University.

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