A TURKISH SOCIOLOGIST'S VIEW

In: International social science bulletin, Band 9, Heft 1, S. 13-20

Abstract

Those individuals following the historical approach contend that the reception of foreign law in Turkey involved only the introduction of foreign codes; whereas, those following the rationalistic interpretation believe that a foreign legal system was adopted. According to the view of S's of the sociol of law, the Swiss Civil Code was received in Turkey not because of its superior quality but because of a chance factor. Moslem nations must incorporate & integrate principles from both the West & from Islamic law, otherwise legal stagnation may result. Among serious resulting legal problems in Turkey are a number presented by informal marriages, the form of marriage (religious or civil), & illegitimate children. Most Turkish polygamous marriages concluded in religious form are in fact bigamous. Among the causes of polygamy in Turkey are the need for additional F labor in some households, the fact that there are no other refuges for women without families, the religious custom that any woman entering a family for any menial task must marry the head of the family, & finally as a means of preserving family continuity in situations of sterility. The need for polygamous families is decreasing. The reception of the Swiss Civil Code in Turkey & its influence on soc & family customs is evidence that laws can create morals. B. J. Keeley.