USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 2 (2026): April

FAMILY LAW REFORM IN TURKEY: ANALYSIS OF THE ROLE OF MUSTAFA KEMAL ATATÜRK THROUGH PIERRE BOURDIEU'S HABITUS THEORY FRAMEWORK

Taufiq Ikram Ash Syidiqi (Universitas Islam Negeri Sunan Kalijaga Yogyakarta)
Rafi’aturrahman (Universitas Al-Azhar Kairo)
Johari (Universitas Islam Negeri Sultan Syarif Kasim Riau)



Article Info

Publish Date
02 Apr 2026

Abstract

This study aims to analyse the role of Mustafa Kemal Atatürk in the radical reform of family law in Turkey, which shifted from an Islamic legal system to a secular one. Using a normative-qualitative approach with a legislative and conceptual approach, data was collected from primary legal documents, historical archives, and relevant academic literature. Research findings indicate that Atatürk's success in enacting the Turkish Civil Code of 1926, which replaced the Ottoman Law of Family Rights (1917) and adopted the Swiss Civil Code, cannot be understood merely as an individual political decision. Using Pierre Bourdieu's theory of practice, formulated as (Habitus × Capital) + Arena = Practice, this study argues that Atatürk's reforms were a social practice shaped by the interaction between his personal disposition (habitus), accumulated capital (military, cultural, and symbolic), and the unique historical-political arena following the collapse of the Ottoman Empire. Substantive elements of reform included a total ban on polygamy, the institutionalisation of divorce through the courts, and the enforcement of equal inheritance rights between men and women. The study concluded that the secularisation of Turkish family law was a planned social engineering project, made possible by the convergence of Atatürk's modernist agency and a transformative historical arena.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...