An Evaluation of prominent views on family law in Turkey from the Tanzimat period to the present day from a fıqh perspective

The Tanzimat Period, which began in the first half of the 19th century in the Ottoman Empire, brought about significant changes and debates in the field of family law, as it did in many other areas of social life. This period, spanning between 1839- 1876, was shaped by the Westernization movements and reform efforts. With the Tanzimat, issues such as the status of women in society and their roles within the family came to the fore, and topics like polygamy (teaddüd-i zevcat), the right of women to initiate divorce (tefviz-i talak), and underage marriages began to be discussed. Different views were expressed on these matters among the intellectuals and ulema of the time. While some advocated for changes such as the prohibition of polygamy and granting women the right to divorce, others argued for the continuation of traditional Islamic practices. For instance, intellectuals like Namık Kemal opposed polygamy, while figures like Babanzâde Ahmed Naim and Aksekili Ahmed Hamdi defended it. Similarly, there were disagreements regarding the right to divorce. These divergences of opinion and debates were influential in the preparation of the Family Law Decree (Hukuk-ı Aile Kararnamesi) issued in 1917 and the subsequent Civil Code. The reform winds brought by the Tanzimat led to significant changes and intellectual struggles in the field of women's rights and family law.