혼인에 관한 튀니지인과 터키인의 인식과 실천 비교 연구

• 영문명: A comparative study on the recognition and practice on marriage in Tunisia and Turkey
• 발행기관: 명지대학교 중동문제연구소
• 저자명: 김대성(KIM, Dae-Sung) 김효정(KIM, Hyo-Jung)
• 간행물 정보: 『중동문제연구』중동문제연구 제6권, 23~62쪽, 전체 40쪽
• 주제분류: 사회과학 > 지역학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

The primary role of the law is to maintain the social order and keep the national right. Even though the law should keep the essential nature of the primary goal, it is true that the law must not be behind the times. The Islamic family laws, which represents the identity of the Islam and shows that they protect the muslim women but at the same time oppress them, also have been changed flexibly according to the wave of the times. Kuwait, known as the one of the most conservative nations in the Islamic world, shows an example of the appropriate application of the law with the wave of the times. Kuwait has given the suffrage to the women. The family laws in Islamic nations are applied according to the different nations or states because the Islamic laws and indigenous cultures are combined separately in the diverse nations. Especially, after modernization, the family laws are changed with the different political situations and the will of reformation. The family laws of Turkey and Tunisia have something in common in that their laws guarantee the right of the women broadly, which is different from the other Islamic nations. However, the comparative study is valuable because they are different in the secularization. The author will discuss it in this article in detail. The family laws in Turkey and Tunisia give the equal rights to both men and women in marriage and divorce through forbidding polygamy, guaranteeing monogamy, and abrogating the one-sided divorce of men. However, their family laws's reformations are rooted on the different bases respectively. Tunisia enacted the family law in 1956. Tunisia insists their family law is ijtihād based on Islam law because Islamic schoolers of Zaītūnah participated in the institution of the law. Meanwhile, it is considered that Turkey' family law has been secularized since the civil law and family law of the Switzerland were introduced in order to modernize the law system by the reformation of Mustafa Kemal. Most Tunisian scholars have been refusing the Western scholars's assertion that the reformation of President Bourguiba, who was the pioneer of the reformation for the woman right, was inspired by the reformation of Kemal Attatu가. In addition, they reject to study on the comparison between the Western laws and their family law. In reality, questionnaire about the base of the family law shows that 52.9% of Turkey people believe their family law is based on Western law while only 0.5% of people believe it is based on Islamic law. However, 64.9% of Tunisians replied the questionnaires that their family law derived from the Islamic law combined with the Western law, 25% pure Islamic law, and 3.7% pure Western law. The comparative study on the family law of Turkey, which imitates that of Switzerland, and the family of Tunisia, which is questioned about the identity of the law because of totally opposed opinions between Islamic scholars and Western scholars, will give the opportunity to seek the direction of the reformation and the scope in th Islamic family laws. In this article, not only the basic content of the family laws in both Turkey and Tunisia with special regard to the marriage law but also their different understanding on the law on the base of questionnaires will be studied.

목차

Ⅰ. 들어가는 말

Ⅱ. 튀니지, 터키 혼인 관련 가족법 비교

Ⅲ. 표본 추출 방법 및 표본의 성격

Ⅳ. 설문지 분석 및 비교

Ⅴ. 나가는 말

키워드

무슬림 여성 튀니지 여성 터키 여성 이슬람 가족법 혼인계약 복혼 Muslim Woman Tunisian Woman Turkish Woman Islamic Family Law Marriage Contract Polygamy