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Muslims are required to use Sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death. [44]
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey. With the founding of the Republic, Turkey adopted a civil law legal system, replacing Ottoman law and the Sharia courts. The Civil Code, adopted in 1926, was based on the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911. Although it ...
The withdrawal of Turkey, heir to the Ottoman Empire, as the presumptive leader of the international Muslim community, was symbolic of the change in the government's relationship to Islam. Secularism (or laiklik ) became one of the " Six Arrows " of Atatürk's program for remaking Turkey.
In 2000, AI, on the back of visits made to the country to observe human rights practices, found that Turkey was demonstrating signs of greater transparency compared to other Muslim countries. In 2002, an AI report stated that the Turkish parliament passed three laws "…aimed at bringing Turkish law into line with European human rights standards."
Although Turkey is a Muslim-majority country, since Kemal Atatürk's reforms and the creation of the Republic of Turkey, Sharia law was banned in 1924 and new westernized civil and penal codes were adopted in 1926. [38] [39] In Tunisia, some forms of Sharia law were reinterpreted. [40]
In Bosnia and Herzegovina after 1878 Austro - Hungarian occupation, Mecelle was slowly replaced with General Civil Code, but some provisions of Mecelle remain in force even after 1918, until abolishment of state Sharia courts in 1946. [6] The Mecelle also remained the basis of civil law in Jordan and Kuwait.
During the Ottoman Empire, the legal system of Turkey was Sharia like other Muslim countries. A committee headed by Ahmet Cevdet Pasha in 1877 compiled the rules of Sharia. . Although this was an improvement, it still lacked modern concep
Ministry of Sharia and the Foundations (Turkish: Şerriye ve Evkaf Vekaleti) was a former government ministry in the Ottoman Empire and the early history of the Republic of Turkey. The ministry was the highest religious authority and was responsible for the waqfs (inalienable charitable endowments under Islamic law).