Competing Frameworks of Islamic Law and Secular Civil Law in Turkey: a Case Study on Women's Property and Inheritance Practices
Loading...
Date
2015
Authors
Toktaş, Şule
O'Neil, Mary Lou
Journal Title
Journal ISSN
Volume Title
Publisher
Pergamon-Elsevier Science Ltd
Open Access Color
OpenAIRE Downloads
OpenAIRE Views
Abstract
The article stems from empirical research conducted with a group of women living in Istanbul who have conservative life styles bounded by an Islamic worldview. It attempts to illuminate the negotiation and contestation between the official civil law and Islamic law. The findings demonstrate that women inherit and bequeath property in a social setting where their gender roles are defined by their adherence to Islam. We argue that in Turkey women's inheritance practices are not determined solely in accordance with the secular civil law but rather are the result of a complex and intertwined combination of legal sources where an Islamic worldview often leads to the adoption of Islamic law. In other words the application of the secular civil law in Turkey is limited by the common practice of Islamic law. Rather than follow the gender equality mandated by the civil law the inheritance practices of many Islamic women are constituted with a deference to some aspects of Islamic law creating a situation of legal pluralism in Turkey. (C) 2014 Elsevier Ltd. All rights reserved.
Description
Keywords
Turkish CoHE Thesis Center URL
Fields of Science
Citation
3
WoS Q
Q3
Scopus Q
Q1
Source
Volume
48
Issue
Start Page
29
End Page
38