I felt like I was seeing a sad movie when I read the following letter from Sanjida; “Dear Mr. Berk Çektir, Hope you are fine. My selam to you. I am writing to you from Bangladesh. I was married to a Turkish man in 2003 and for my visa problem, I came back to my country. After that, I didn’t go back to Turkey. I have heard that my husband is going to marry again. How can he marry again without divorcing me? Would you please help me with the information? Thank you. Looking forward an early reply from you. How can I get justice from your country? Regards, Sanjida. Bangladesh”Dear Sanjida, I am terribly sorry to read this letter. I have been thinking about what could have caused you to think that your husband is getting married while he is married to you. Did he just simply call you and say “I am getting married,” or did you come to know this by some other way? Were you violated and abused by someone saying that an imam marriage is legal marriage in Turkey?
Might there be a divorce case against you? You were not able to be notified and the court decided you are absent? It is difficult to give you a certain response without knowing the facts. I think that it might be useful for you to have some information on Turkish marriage law. I am even not certain that you are legally married in Turkey. Please provide me more details so that I can assist you in this matter. I hope that you are not the victim of fraud or abuse because of an illegal marriage.
How is legal marriage performed in Turkey?
Because Turkey is a secular state, marriage is only legal when conducted by the authorized civil official with the proper civil documentation. The form of a marriage ceremony conducted in Turkey is governed by Turkish law. The wedding ceremony has to be performed before the marriage officer appointed by the municipality; the authorized person for marriages in a municipality is the mayor.
An application is submitted to the municipality or to the local governance where the marriage is going to be performed. The application can be written or verbal. In villages, the local governors are also authorized to perform marriages. Turkish law also allows foreigners to get married in consulates according to certain international conventions to which Turkey is a party. A foreign person who wishes to get married in Turkey needs to obtain a certificate that shows there is no impediment to a 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.
What is an imam marriage?
There must be different definitions for imam marriages from a religious or theological point of view, but I will focus on what people in Turkey understand “imam marriage” to mean. According to Islamic belief, the basic conditions for a marriage are (a) declaration of free will on the part of the parties stating that they would like to marry each other; (b) publicity, which means that the marriage is known to the public where the couple lives; and (c) an appropriate amount of funds or of property given to the bride to secure her financial independence in the future. It is also common to record a hard copy of an imam marriage and to provide a kind of certificate to the bride at the end of the ceremony, although some Islamic scholars state that the official marriage, having met the conditions required by the religion, should be valid and accepted under religious rules.
Polygamy is not accepted under Turkish law, and the second wife who marries through an imam marriage has no kind of inheritance rights or social benefits because of her marriage. The official imams working for the government and in mosques will reject a couple who is not married officially before the authorities.
Other than this, because living together without any kind of marriage is not a crime under Turkish law, it is not easy or almost impossible to prove that a couple has been married by imam marriage.
Please keep reading next week.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of 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 just rely on the information in this corner.
