Türkiye's religious body under fire over 'orphaned children can be married' statement

Photo: AA

A religious order issued by the Presidency of Religious Affairs (Diyanet) about adopting children who survived the earthquake has caused a public backlash.

In a February 17 fatwa in response to a question by a citizen, Diyanet said, while Islam recommends taking care of orphaned children, there is no institution in the religion to legally adopt children. This means, according to the agency, there is also no obstacle to a marriage between an adopter and an adoptee.

The fatwa was removed from Diyanet's website after strong reactions on social media, which was followed by statements from women's groups and bar associations.

The fatwa was against the Civil Code, the İstanbul Bar Association's Center for Children's Rights noted in a statement on Saturday (February 18).

Article 129 of the Civil Code bans marriage between an adopter and an adoptee, and article 500 grants adoptees the right of succession, the center said, noting that state institutions' statements should not be against the Constitution or the laws.

Religious communities

The Union of Turkish Bar Associations (TBB) made a similar statement later in the day, also noting that unattended children cannot be taken care of by religious communities or foundations.

"Keeping such children out of social service institutions will result in legal and criminal liability of the concerned," said the TTB.

In a written statement, the Women's Platform for Equality (EŞİK) said "this is not Diyanet's first statement paving the way for child abuse," recalling a previous fatwa saying that girls can be married at 9 and boys at 12.

In response to criticism, the High Council of Religious Affairs said the fatwa was "taken out of context."

Islam "orders that every child's bonds with their family should be protected" and "doesn't find it right a person other than a child's mother or father seeing a child as their own child in every aspect," said the council.

Over the past few years, Diyanet has frequently been at the center of controversy, particularly because of its fatwas and officials' statements about women, children and LGBTI+s.

Unattended children after the earthquake

The double earthquake centered in Maraş left at least 1,362 children unattended, Minister of Family and Social Services Derya Yanık announced on February 14. Among those children, 369 had been identified and handed over to their families, she said. (VK)