The Imperative of Establishing an Islamic Judicial System in Turkiye:

A Critical Examination from an Islamic Perspective

Nehaluddin Ahmad

Zheimie H. Zamri

 

Abstract: Turkiye, once distinguished as the sole Islamic society abolishing Islamic law, has undergone a transformative shift under President Recep Tayyip Erdogan, veering towards Islamic law and a presidential system, diverging from its Western legal roots. To safeguard freedom of religion or belief, which is Islam, the establishment of an Islamic judicial system is imperative in a secular state. Islam is a comprehensive and perfect system that encompasses all aspects of human life. In promoting the upholding of fundamental human rights, especially the right to freedom of religion or belief, Turkiye can ensure that its legal framework supports the rights and beliefs of all its citizens, especially Muslims. This note critically examines the imperative for establishing an Islamic judicial court system. Tracing historical roots to the Ottoman Empire and Ataturk's secularisation efforts, the note also refers to legal, historical, and social dimensions. Emphasising the necessity for an Islamic court to address familial and financial disputes, it explores the intricacies of coexistence between Islamic principles and the existing secular legal framework. The discussion spans the interconnectedness of religiosity, the right to freedom of religion, and the implications of an Islamic judicial system on Turkiye’s legal, societal, and economic fabric. Drawing comparative insights from other secular nations, the article underscores the multifaceted considerations involved. Conclusively, it advocates for a nuanced approach that balances the preservation of Islamic values with the principles of justice and inclusivity within the Turkish legal system.