Syrian men and women in Turkey resort to completing marriage confirmation papers in official institutions, whether or not they have performed the registration in Syria, in order to facilitate the issuance of the rest of the legal papers related to the process of registering children, and so on.
The marriage contract in Turkey is civil, that is, non-religious, and the spouses have the freedom to perform the religious contract or not, while marriage is prohibited without the civil contract.
There are cases in which marriage confirmation procedures are prohibited in Türkiye, including:
minors
Turkish law criminalizes the marriage of minors before they complete 17 years of age, and the husband is subjected to imprisonment from six months to two years, and if it is proven that the wife was forced to marry while she was a minor, the prison sentence is up to 16 years.
Turkey witnessed several marriages of Syrian minors during the past years, and in early 2018, the Hurriyet website published an investigation in which it revealed that 35 Syrian minors were born in Suleiman Legal Hospital alone in Istanbul, during the first five months of 2017.
second wife
Turkish law prohibits polygamy. Paragraph 1 of Article 230 of the Turkish Penal Code imposes a prison sentence of six months and up to two years on the husband who has two wives.
The second wife cannot obtain her rights, according to Turkish law, as Article 2 of the Turkish constitution states that “The Turkish Republic is a democratic, secular state, governed by the rule of law, taking into account the concepts of public peace, national unity, justice and respect for human rights corresponding to Ataturk’s nationalism.” .
According to that article, marriage became civil, religion ceased to be considered upon marriage, and polygamy was prohibited. In this case, the second wife cannot guarantee her rights due to the lack of an official contract for her in the court.
Lawyer and legal advisor Ghazwan Kronfol told Enab Baladi earlier that Turkish law considers the second wife a “girlfriend” or “friend” and that she cannot obtain any rights for her, such as alimony, custody, and the back of the “dowry.”
In the event that the marriage results in a child, the child is registered in the name of his father and his mother, who the Turkish state considers in this case to be a “single mother.” In the event that the husband denies the parentage of the child, the mother can file a lawsuit against the father to prove the parentage by conducting a DNA test, according to Ghazwan Kronfol.
He pointed out that the person who came to Turkey and is essentially a polygamist, the Turkish state does not apply the penalty stipulated in the constitution, except that only one wife is recognized by the Turkish state.
Documents required to confirm the contract
According to lawyer Ghazwan Kronfol, the papers required to contract and confirm the marriage are:
- Four personal photos for each of the husband and wife.
- A copy of the temporary protection card (kimlik) for each of the spouses, or a copy of the residence (valid) with a copy of the passport translated and certified.
- A copy of the personal record of each of the spouses.
- A “celibate paper” for each of the spouses, to be obtained from the Immigration Department.
- A medical report for both spouses from the hospital attesting that there is no objection to marriage.
- Marriage contract fees.
Source: My grapes
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