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Is Religious Marriage Illegal In Turkey?

27.08.2014 11:40

A reader studying for her doctorate has asked a simple but important question. Are married couples who have not conducted a civil ceremony actually punished, as Turkish criminal law stresses?This is a big question. Either the imam or any other person who conducts a religious marriage before an official marriage is subject to a penalty under the Turkish criminal code.

A reader studying for her doctorate has asked a simple but important question. Are married couples who have not conducted a civil ceremony actually punished, as Turkish criminal law stresses?
This is a big question. Either the imam or any other person who conducts a religious marriage before an official marriage is subject to a penalty under the Turkish criminal code. The penalty referred to is imprisonment for less than six months. I must say that I haven't heard of anyone really suffering this punishment and spending time in prison due to the application of this law. Therefore, it is not a big headache, but the purpose of the law in the first place is to protect women against men who do not want to get married officially. I must underline that all the penalties referred to are about conducting a religious marriage without an official ceremony. Therefore, couples who are officially married in Turkey usually have a religious marriage after the official marriage has taken place.
How can I find data regarding how many couples have an additional religious ceremony?
I am afraid there is not much accurate information published on this matter.
How does an official marriage take place?
A marriage ceremony conducted in Turkey is governed by Turkish law. Imams are not authorized to conduct a marriage ceremony. The wedding ceremony has to be performed before a marriage officer appointed by the municipality, and the person authorized to conduct marriages in the jurisdiction of a municipality is the mayor. In villages, local governors are also authorized to perform marriages. The marriage application is submitted to the municipality or the local governor's office where the marriage is going to be performed. The application can be verbal or in writing.
Marriage officers may officiate the wedding after official work hours, in the evening, if the couple would like to have the ceremony before an audience and guests at a wedding party. Otherwise, as long as the bride is fine with this, two witnesses are satisfactory as the audience and the marriage can be finalized in a couple of minutes. A foreigner who wishes to get married in Turkey needs to obtain a certificate showing that there is no impediment to marriage. This certificate is obtained from the relevant authority in his/her own country and needs be to authorized by the Turkish consulate in that country. For citizens of countries that use Sharia law, other documents may be needed to get married in Turkey.
What documents do you need for marriage?
The documents can vary depending on your gender and your country of citizenship, and the list is updated from time to time. You can find more details and a list of the necessary documents through the authorities cited below. Just to give you an idea, I will present a rough list here. Basically, you need to prove who you are and submit a document stating that you are not already married. You will also be asked to submit a medical report demonstrating that you do not have any diseases that might make the other party decide not to marry if they knew about your condition (such as AIDS).
Prenuptial agreement in Turkey
It is possible to make a prenuptial agreement in Turkey. You might consider drawing up a prenuptial agreement, though this is sometimes difficult to raise with your future wife or husband. This can be done before the marriage, as a declaration to the marriage officer or afterward through a public notary.
NOTE: Berk Çektir is a Turkish lawyer and available to answer questions on the legal aspects of living and doing business in Turkey. Please kindly send inquiries to b.cektir@todayszaman.com. If a sender's letter is published, names may be disclosed unless otherwise expressly stated by the sender.
DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not rely solely on the information in this column.

BERK ÇEKTİR (Cihan/Today's Zaman)



 
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