Familierecht
Vol. 1 No. 1 (2025): Familierecht

The Metamorphosis of Family Law in Turkey: Navigating between Maslahah and Religious Authenticity

Ahmad Faridz Anwar (Sekolah Tinggi Ilmu Tarbiyah Tihamah Cirebon)
Fadli Daud Abdullah (Institut Miftahul Huda Subang)
Anne Agnia Nurhasanah (Sekolah Tinggi Ilmu Syariah Husnul Khotimah (STISHK) Kuningan)
Arif Maula (Kuningan Publisher Indonesia)
Jupita Sekar Arum (Kuningan Publisher Indonesia)



Article Info

Publish Date
29 Sep 2025

Abstract

This study explores the metamorphosis of family law in Turkey in response to ongoing social dynamics and the tension between maslahah (public interest) and religious authenticity. The background of this study lies in Turkey's radical transition from the Ottoman legal system, rooted in Hanafi jurisprudence, to the adoption of the Swiss Civil Code in 1926, which marked a decisive shift toward secularization. The primary objective is to examine how Turkish family law reforms integrate modern legal values, such as gender equality and social justice, while navigating Islamic legal principles. Using a qualitative normative approach, the study employs historical and comparative analysis of legal texts, codifications, and reform trajectories. The results show that the reforms addressed issues such as the prohibition of polygamy, equal distribution of inheritance, women's right to marry without a guardian, annulment and nullification of marriages, divorce regulations, and compensation mechanisms. The findings demonstrate that Turkish legal reforms embodied a dual dimension: law as a passive response to evolving social dynamics, and law as an active instrument of social engineering. The implication is that the Turkish experience illustrates the possibility of harmonizing Islamic law through ijtihad with modern legal frameworks, ensuring relevance to contemporary needs while maintaining the foundations of religious authenticity.

Copyrights © 2025






Journal Info

Abbrev

familierecht

Publisher

Subject

Description

Familierecht is a scientific journal that publishes research articles, literature reviews, and critical reflections in the field of Family Law, including: 1. Islamic Family Law: A Textual Analysis: In-depth study of classical and contemporary Islamic legal texts. Comparative Study: An analysis that ...