Modern Laws, Traditional Ties: Addressing Child Marriage Amidst Turkey's Syrian Influx

Gizem Halis Kasap

 

Abstract: The Syrian crisis has led to a significant influx of migrants into Turkey, which has exposed a clash between traditional practices and modern legal frameworks. While Turkey has modernised laws, including setting the legal marriage age at 18, exceptions remain for younger ages under certain conditions. Allowing underage marriage, even under specific conditions, can inadvertently lead children to view marriage as a viable escape route from their difficulties. The article advocates for the removal of these exceptions from Turkish Civil Code. It asserts that shifting from lex nationalis to lex loci celebrationis is unwarranted, given the existing public order provisions. Beyond legal amendments, it is crucial to actively educate the Syrian community, in particular about Islamic principles and child rights, to safeguard children's welfare.