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SecularLawandtheEmergenceof
UnofficialTurkishIslamicLaw
Ihsan Yilmaz
LEGALMODERNITYAND INSTRUMENTALIST
USE
OF LAWBY MODERNNATION-STATES
AND SECULARIZATION
TURKISHLEGALMODERNITY OF TURKISHLAW
Codeto whichgoodcommentaries
onlythingto do is to takea goodready-made
exist,andto translatethem wholesale.
'5
THESOCIO-LEGALCHALLENGETO LEGALMODERNITY
AND THE CONSTRUCTION
OF THETURKISHMUSLIMLAW
Having Polygamy
THEFUTUREOF POSTMODERNTURKISHLEGALITY
AND TURKISH"DEMOCRACY"
Continuedfrom PreviousPage
or religious feelings, or things held sacredby religion, in any mannerwhatsoever,for the purposeof
personalor political influence, or for even partiallybasing the fundamental,social, economic, politi-
cal, and legal orderof the State on religious tenets",http:Hlwww.mfa.gov.tr/grupc/ca/cag/Part2.htm
www.yenisafak.com.tr/kbumin.htmI on 8/28/2001.
67. Chiba,Asian IndigenousLaw, Op. Cit, Chiba,Legal Pluralism,, CliffordGeertz,Interpreta-
tion Of Cultures,(New York:Basic Books, 1973);Geertz,Local Knowledge:FurtherEssays In Inter-
pretiveAnthropology,(New York:Basic Books, 1983); LawrenceRosen, TheAnthropologyOf Jus-
tice: LawAs CultureIn Islamic Society,Cambridge:CambridgeUP, 1989); Naim Gerber,State,Soci-
ety And Law In Islam: OttomanLaw In ComparativePerspective,(New York:State UniversityOf
New YorkPress, 1994).
68. See, for example, Yavuz, "TowardsAn Islamic Liberalism?:The Nurcu Movement And
FethullahGiilen,"TheMiddle East Journal,Vol. 53, No. 4 (1999), 596-597
69. "JournalistsAnd WritersFoundation:And The ThirdAbant Convention,"Milliyet, July 24,
2000.
130 * MIDDLEEASTJOURNAL
coup of
76. Civil society has been suppressedby the militaristelite especially afterthe postmodemn
February28, 1997. Knowing that they have the real power and that theirWesternallies will always
tolerate an undemocratic Turkey, the so-called Kemalist elite is still on their way to "moderize" and
homogenize the society, despite the sociologists' constantwarningsthat simmeringtensionsbetween
the civil society and detachedauthoritarianstate would lead to unhealthysociological consequences.
In this regard,it is worthnoting thatthe most powerfulman of the February28 coup, GeneralCevik
Bir, exhibitedhis "conceptualvision" when makinga "political"speech to the journalists,vigilantly
statingthat "sociology could confuse our minds."