Rise of Islamic Law in Turkey

By: Wesam Shahed

During the Presidency of Recep Tayyip Erdogan, Turkey has slowly implemented Islamic Law into various aspects of its government and society.[1] For over sixteen years, President Recep Tayyip Erdogan and his political party, the Justice and Development Party (AK Party), have controlled the country's politics, leading Turkey to become a country that is more religious and conservative.[2] In April 2017, President Erdogan led a novel amendment to the Turkish Constitution that changed the “century old parliamentary system into a presidential one.”[3] Focusing on Turkey’s Ottoman Empire roots, President Erdogan declared that one of his goals is to create a “pious generation that will work for the construction of a new civilization.”[4] His ambitious goal includes Turkey uniting with sixty-one other countries based on Islamic Law, with Istanbul as its capital, and become a new superpower.[5] This is because prior to President’s Erdogan and the AK party’s term in office, Turkey had abandoned Islamic law and a Western legal system was adopted.[6] From “building mosques, financing religious education, and advertising its unique brand of Islamic leadership along the way,” Turkey is now returning to its roots and continuously promoting Islamic Law in its country.[7]

In the education sector, “[t]he government is formally inserting religious practices into the public education system by requiring all newly-built schools in Turkey to house Islamic prayer rooms.”[8] Furthermore, a local Istanbul government official ordered school teachers to bring students to attend morning prayers at local mosques. [9] Additionally, Turkey’s government has banned ideals like the Darwinian theory of evolution to focus more on its Islamic values.[10] In 2018, Turkey’s government aimed to double the spending in religious upper schools.

On the foreign affairs front, Turkey’s relationships between NATO, the USA, and European allies have become strained.[11] Turkey’s bid to join the European Union has frozen in its tracks.[12] Finally, western countries are criticizing Turkey’s arrests that occurred after the coup that occurred in 2016. [13]

Even on the economic end of Turkey’s government, Turkey has implemented interest free financial institutions based on Islamic practices that do not allow interest with loans.[14] Additionally, Turkey’s government has cited to religious and legal texts such as the Quran and Hadiths to question financial auditors as they should be acting with the fear of God when doing their jobs, in otherwise, doing their jobs ethically.[15]

Turkey’s government has also influenced its society on a social front when implementing new laws based on Islamic values. From “discouraging alcohol consumption with extremely high taxes on alcoholic beverages to banning their advertising and promotion.”[16] Additionally, the government has “already made it known that celebrating the new year, playing the lottery, feeding dogs at home, and purchasing Bitcoin were incompatible with the principles of Islam; men should not dye their moustaches, nor couples hold hands.”[17]

These changes towards a more religious country have made quite an impact on its citizens who may not be used to this type of environment in their country. For instance, Turkey’s government in the past have banned women wearing Hijab or men wearing the fez.[18] Since President Erdogan and his political party have taken over Turkey’s government, some believe that they have “normalized” a Muslim’s right to enjoy their lives like any other Turkish citizen.[19]

Turkey is not alone when promoting Islamic law in its country as countries like Iran and Saudi Arabia have also donned their own versions of the implementation of Islamic Law in their respective countries.[20] However, implementing religious reforms have pushed others away from religion entirely. For example, there are some in Turkey who are turning to Atheism and foregoing any part of the religious activities that President Erodgan and his party are attempting to promote.[21] In particular, one Atheist in Turkey believes that Turkey’s government is “coercing” its citizens to conform to certain religious standards.[22] For example, Turkey’s government has made it mandatory for school children to study religion. [23] Turkey’s government has countered thoughts like these when stating that “Islam is not being forced on people. It is not a matter of saying everyone should go to Imam Hatips. We are just providing an opportunity to those families who want to send their children to Imam Hatips.”[24] Additionally, others in Turkey believe that Islam and Democracy can co-exist with one another.[25]

Overall, these changes have not occurred overnight nor will future changes. Within the next decade, Turkey’s government shifting towards a more religious body will be interesting to keep up with any new developments!

#Blogpost #Turkey #IslamicLaw #Reform #Erdogan #InternationalLaw

[1] Gonul Tol, Turkey’s Bid for Religious Leadership How the AKP Uses Islamic Soft Power, Foreign Affairs (Jan. 10, 2019), https://www.foreignaffairs.com/articles/turkey/2019-01-10/turkeys-bid-religious-leadership.

[2] Ahmed El Amraoui & Faisal Edroos, Is Turkish secularism under threat?, Al Jazeera News (June. 3, 2018), https://www.aljazeera.com/indepth/features/turkish-secularism-threat-180528131157715.html.

[3] Mustafa Akyol, Turkey’s Troubled Experiment with Secularism, The Century Foundation (Apr. 25, 2019), https://tcf.org/content/report/turkeys-troubled-experiment-secularism/?session=1.

[4] Daren Butler, With more Islamic schooling, Erdogan aims to reshape Turkey, Rueters (Jan. 25, 2018), https://www.reuters.com/investigates/special-report/turkey-erdogan-education/.

[5] Erdoğan's Chief Advisor And Former General Tanrıverdi Presents Vision – Reflected In Turkey's Policy – Of A United Islamic Superpower Based On Shari'a Comprising 61 Countries And With Istanbul As Capital, Memri (Jan. 14, 2020), https://www.memri.org/reports/erdo%C4%9Fans-chief-advisor-and-former-general-tanr%C4%B1verdi-presents-vision-%E2%80%93-reflected-turkeys.

[6] Ihsan Aktas, Turkey's great judicial reform, Daily Sabah (Nov. 23, 2019), https://www.dailysabah.com/columns/ihsan-aktas/2019/11/23/turkeys-great-judicial-reform.

[7] Tol, supra note 1.

[8] Soner Cagaptay, In long-secular Turkey, sharia is gradually taking over, Washington Post (Feb. 16, 2018), https://www.washingtonpost.com/news/democracy-post/wp/2018/02/16/in-long-secular-turkey-sharia-is-gradually-taking-over/.

[9] Religion Watch, Sharia encompassing more of Turkish society, http://www.religionwatch.com/sharia-encompassing-more-of-turkish-society/.

[10] Akyol, supra note 3.

[11] Butler, supra note 4.

[12] Id.

[13] Id.

[14] Orhan Kemal Cengiz, Turkey edges toward Islamic law with new finance rules, Al-Monitor (Jan. 14, 2020), https://www.al-monitor.com/pulse/originals/2020/01/turkey-is-the-country-drifting-towards-sharia-rule.html.

[15] Special Dispatch No. 8426, In Official Public Record, Turkey's AKP Government Publishes 'Ethical Rules' For Financial Auditors Citing Quran, Hadiths: 'The Auditor Should Act With The Fear Of Allah', Memri (Dec. 20, 2019), https://www.memri.org/reports/official-public-record-turkeys-akp-government-publishes-ethical-rules-financial-auditors.

[16] Akyol, supra note 3.

[17] Turkey’s religious authority surrenders to political Islam, The economist (Jan. 18, 2018), https://www.economist.com/europe/2018/01/18/turkeys-religious-authority-surrenders-to-political-islam

[18] Amraoui, supra note 8.

[19] Id.

[20] Tol, supra note 1.

[21] Tunca Ögreten, Atheism grows in Turkey as Recep Tayyip Erdogan urges Islam, DW (Sept. 1, 2019), https://www.dw.com/en/atheism-grows-in-turkey-as-recep-tayyip-erdogan-urges-islam/a-47018029

[22] Id.

[23] Id.

[24] Butler, supra note 4.

[25] Turkey may be on ‘long and narrow road’ to Islamic order, Ahval (Apr. 26, 2019), https://ahvalnews.com/turkey-islam/turkey-may-be-long-and-narrow-road-islamic-order