Religious marriage is a religious ceremony performed according to Islamic rules and allowing two people to be considered married. During this ceremony, a prayer is read by the imam or a religious official authorized to perform the wedding ceremony and the marriage declaration is signed.
Legal Validity of Religious Marriage
According to the Turkish Civil Code, marriage can only be established through an official marriage (TMK article 105). Religious marriage has no legal validity. For this reason, couples who marry through a religious ceremony are not considered married before the law.
On the Legal Path of Religious Marriage
Religious marriage has no legal consequences. Couples who marry through a religious ceremony cannot benefit from the following rights because they have not had a civil marriage:
Property regime: Legal property regime does not apply to couples who are not officially married. Therefore, there is no legal regulation regarding who owns the acquired goods.
Inheritance right: Spouses who are not legally married cannot inherit from each other.
Custody right: The right of custody for the children of couples who are not officially married belongs to the mother.
Entitlement to alimony: Spouses who are not legally married cannot receive alimony from each other.
Criminal Liability of Religious Marriage
Conducting a religious marriage without having an official marriage is not regulated as a crime in the Turkish Civil Code.
However, Article 258 of the Turkish Penal Code states that “The religious ceremony of marriage cannot be held without presenting the marriage certificate.” Any religious official who performs a religious marriage in violation of this provision is punished with imprisonment from one to three years.
