Feasibility of the Impact of Alimony for Poverty on Social Justice in Turkish Law

Abstract

One of the obligations of marriage in Turkish law is the provision of alimony between spouses. The legislator has stipulated that alimony for poverty between spouses, regulated by Article 175 of the Turkish Civil Code, continues after divorce due to ethical and social considerations. It should be noted that alimony for poverty has various effects on the perspectives of individuals in Turkish society, to the extent that some men view themselves as indebted to their wives for life, which exacerbates social justice issues. On the other hand, the dowry in Turkey is not considered a financial obligation or legal right for women, and in the event of divorce, women do not have the right to claim it. In other words, the dowry in Turkey is more symbolic and customary in nature and lacks strong enforcement mechanisms. Therefore, it is important to examine the financial burden alimony can impose on spouses in Turkey to address this issue from the perspective of social justice. This study utilizes an analytical-descriptive method and a library-based approach to investigate the feasibility of the impact of alimony for poverty on social justice in Turkish law. The findings indicate that Turkey’s legal system, by adopting a secular approach in legislation, seeks to achieve social justice and gender equality, but due to the society’s Muslim background, this has led to conflicts and numerous problems.