Competing frameworks of Islamic law and secular civil law on women's property in Turkey

What is it about?

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 illuminate the negotiation and contestation between 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.

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Why is it important?

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.