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Journal : JURNAL MERCATORIA

The Implications of Turkey's Polygamy Ban on Islamic Family Law Nurjannah; Akbarizan; Munir, Akmal Abdul
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14809

Abstract

This article aims to examine the rationale behind Turkey's ban on polygamy, the implications of the prohibition as well as the contradiction with Islamic family regulations. The study uses a qualitative methodology to examine the development of Turkish family law by applying both normative and historical approaches. The results show that the political and legal reforms carried out in 1926 under Mustafa Kemal Ataturk's rule are the source of Turkey's ban on polygamy and unfair treatment of women during the Ottoman Turkish era. Islamic law, which permits polygamy on reasonable grounds and limits it to four spouses, is in conflict with the ban on polygamy in Turki. The implications include the change of the principle marriage law to monogamy, the rise in illegal polygamy that leads to the disregard of the rights of wives and children, social deviations, changes in lifestyle, and injustice for couples who have certain conditions, like infertility or illness, that polygamy should be used to solution but are prohibited by the state.
Women's Reproductive Rights (Comparative Family Planning in Indonesia, Malaysia, and Turkiye) in Islamic Perspective Mammenasa Daeng Yusuf, Siti Sahnia; Akbarizan; Munir, Akmal Abdul; Fahlevi, M Reza
JURNAL MERCATORIA Vol. 18 No. 1 (2025): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v18i1.14810

Abstract

This article aims to determine women's reproductive rights (comparative family planning in Indonesia, Malaysia, and Turkey) in an Islamic perspective. The problem is focused on women's reproductive rights using family planning. Data were collected by reviewing related research, as well as the Qur'an and laws and regulations using a literature approach method analyzed qualitatively. This study concludes that women's reproductive rights in Indonesia, Malaysia, and Turkey in the Family Planning (KB) program are equally important, although women are still the main users of family planning, their reproductive rights are still burdened. Women must be good mentally, physically, and socially, especially in reproductive rights with the importance of male participation, and freedom to determine their physical and mental choices, and the need to overcome factors that violate women's reproductive rights. The use of family planning in Indonesia, Malaysia, and Turkey differs from the focus of the objectives, the main methods used, and the meaning of the function of family planning from each country. The form of comparison of women's reproductive rights in the Family Planning (KB) program in Indonesia, Malaysia, and Turkey still prioritizes Islamic teachings in KB, which is permitted as long as it is in accordance with Islamic teachings with the aim of regulating spacing and not limiting children except for certain reasons such as threatening the reproductive health of women or men for the common welfare and the impact on state goals.