News:
Religiously married women who lost their husbands in the mining disaster in Soma, do not benefit from rights such as financial aid and compensation as women who were married according to civil law. According to a report by Turaç Top from Al Jazeera Turkey, the new bag law which also includes improvements for the miners’ rights decided by the Parliamentary Planning and Budget Commission does not include any arrangements for the wives of the past miners who were only married according to Islamic law. Therefore the Soma miners’ religiously married wives filed a lawsuit to claim their rights.
One of these women is the 39 years old Emine Elibol. Elibol and her husband who both divorced from their first marriage, and were married for 11 months, could not make civil marriage, as the necessary legal processes were not completed yet. She said: “There does not exist any law that protects us, whoe who are religiously married!” and added: “This was not our choice. Shall they bring back my husband than. Bring him back from his grave that I marry him.” The just 18 year old and four months pregnant Songül Merdim has the same problem. Merdim’s husband Serkan Buran was one of the mine workers who died. Merdim and Buran married 40 days before the distaster by a religious ceremony and held a wedding. They were counting days until their civil marriage. Just 8 days before her 18th birthday the disaster happened. Merdim is also disappointed that the new law does not contain anything for the religiously married wives: “We had no civil marriage, but we were married. We were going to make a civil marriage as soon as I would be of age. And our marriage is accepted by our families. But, am I not his wife now? I will give birth to his baby. What will be my and my baby’s future?”
Comment:
Arranging legal packages in the alleged aim of improving women’s living standards does not contain preserving the Islamic values of its people. Therefore once again, the secular liberal democratic system and its understanding of moralty, and justice have failed to meet the needs of its people and in particular of its women. Contrary to capitalism’s liberal understanding of sexual freedom, which is implemented and even respected in Turkey, Muslim women who still prefer to make their unity/cohabitation legal in the presence of Allah (swt) face regularly different kinds of in justice. Mostly it is the legal regulations that may hinder them in marrying according to the modern secular laws, be it due to bureaucratic obstacles or other reasons. This in many cases however ends in losing many rights for the women and even their children in the eyes of the law as is the case of these wives of the past mine workers. Muslim couples who seek to protect their modesty, their rights and responsibilities towards each other, are left to their own fate. Demanding any rights occurring out of Islamic marriage is not possible under secular law. In one case of a woman who demanded divorce from her violent husband last year, the female judge mocked and scoffed her and said she would not be able to do anything for her as she is not married according to Turkish civil law.
In contrast to the prevelant judicial system in Turkey, where these women will have to wait about 5 years in order to achieve a solution for their cases, Islam’s ruling stipulates to investigate every single case brought to court and to fell a decision according to Qur’an and Sunnah and the consensus of the Sahaba. This makes it faster and easier for the plaintiff to get his/her right. Under Islamic rule women, no matter of which religious believe, enjoy a free, dignified and high status in society and deserve all the protection and support they need. If there is no family to support them, than the state itself is obliged to ensure the women’s daily living expenses, including housing, clothing, food. Another marking statement by one of the widows, Emine Elibol is: “They (the district governorate) support me in finding a job. When it comes to find me a job, than I am a wife, but when it comes to a monthly stipend or compensation than I am not a wife. What kind of justice is this. I do not understand.”
True justice and true respect, protection and ecouragement towards Islamic values will only be guaranteed and even promoted in the Islamic state. These values will only preside over the society in a state were Islam’s rules are implemented and not in a system that implements secular liberal capitalism.
Written for the Central Media Office of Hizb ut Tahrir by
Umm Khalid