Imam marriage

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İmam nikâhı ( Turkish ), in German the imam marriage , is a slang term and a political catchphrase in Turkey for Islamic marriages in contrast to legally binding civil marriage (Turkish: resmî nikah ).

Ataturk introduced civil marriage in 1926. His marriage to Latife Uşşaki (1923-25) was still under Islamic law and divorced.

With the Turkish Civil Code ( Türk Medenî Kanunu ) of 1926, which was based on the Swiss Civil Code, civil marriage was introduced in Turkey and the previously practiced Islamic marriage was degraded to a non-marriage . In addition, the Turkish Penal Code (Article 230 / 5-6 TCK) forbids entering into a religious marriage without a previous civil marriage (cf. prohibition of religious marriage in advance ).

Although the state-regulated, monogamous marriage was part of the "Kemalist core program" (cf. Reform Protection Acts ), the civil marriage , which was very bureaucratic for the population and required medical examinations, (partly non-existent) birth certificates and other formalities, initially found little acceptance and application. With the help of special laws, around 7.5 million officially illegitimate children from illegal imam marriages were subsequently legitimized between 1935 and 1950 . Only after the formal requirements and the corresponding costs for civil weddings had been relaxed in 1984 and the marriage statistics from 1991 showed that the proportion of imam marriages had fallen from 25% to 5% did the "round of Turkish amnesty laws " (1933, 1945, 1950, 1956, 1965 and 1974). However, studies from the 1990s show clear differences in distribution between large cities (4% imam marriage) and rural areas (21.6% imam marriage), as well as a regional gap between western Turkey (2.2% imam marriages, 1993) and eastern regions (22.4% imam marriages). In 2009 the European Court of Human Rights ruled that the non-recognition and thus unequal treatment of imam marriage in Turkey does not constitute a violation of Article 8 of the European Convention on Human Rights .

Although the presence of an imam is not actually required under Islamic law when the marriage contract is concluded, an imam is traditionally present in Turkey who gives the opening address (Turkish: hutbe ) and the wedding or closing prayer (Turkish: nikah duası ). The presence of (Muslim) witnesses, a marriage guardian of the bride (Wali or Wali mudschbir ) and the groom, who must agree with the Wali on the marriage contract and the morning gift, is mandatory.

→ see also: Islamic marriage

literature

  • Gotthard Jäschke : The "Imam marriage" in Turkey, Die Welt des Islams, NS, 4, (2-3), 1955, pp. 164-201.

Individual evidence

  1. ↑ Translation of selected Articles of the Turkish Penal Code (engl.)
  2. ↑ a b Bilge Öztan: "Developments in Turkish Marriage Law" (page 47 ff.) In: "100 Years of the Swiss Civil Code / 80 Years of the Turkish Civil Code: - Convergences and Divergences" Peter Breitschmid, Ansay Tugrul, Volume 8 of German-Turkish Legal Studies BWV Verlag 2008. ISBN 3830515626
  3. ↑ S. Küper-Basgöl: Women in Turkey: Between Feminism and Re-Islamization, Lit, Münster 1992, p. 138. Quoted in: Limits of civil law and the Islamic discussion of a pluralistic legal order in Turkey (PDF file; 267 kB) Günter Seufert
  4. ↑ a b c The social and religious significance of marriage for Turkish women of the second generation in the Federal Republic of Germany ( Memento of the original from October 21, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Anke Bentzin, March 1998  @1@ 2Template: Webachiv / IABot / edoc.hu-berlin.de
  5. ^ Serif Yigit ./. Turkey, No widow's pension for a purely religious marriage  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Austrian Institute for Human Rights Newsletter Human Rights 2009/1@1@ 2Template: Toter Link / www.menschenrechte.ac.at  
  6. ↑ Unequal treatment of imam marriage and civil marriage in social security benefits in Turkey from an international law perspective / The Serife Yigit case before the ECHR  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Frauke Brosius-Gersdorf , European fundamental rights magazine EuGRZ 35th vol. Issue 17–20, October 7, 2009@1@ 2Template: Dead Link / www.eugrz.info