Authoritarianism, Informal Law, and Legal Hybridity: The Islamisation of the State in Turkey

This book explores how Turkey's ruling party (AKP) has used informal Islamist laws to engineer social change and gradually Islamize the state and society. It argues that the AKP has paved the way for Islamist legal hybridity, where society, state, and law are being Islamized on an ad hoc basis.

Format: Hardback
Length: 258 pages
Publication date: 07 April 2022
Publisher: Springer Verlag, Singapore

This captivating book delves into the intricate journey of Turkey's transformation from a perceived "flawed democracy" under the secularist rule of Kemalist ideology to an increasingly authoritarian Islamist regime under the leadership of Recep Tayyip Erdoğan. Through the lenses of informal law, legal pluralism, and legal hybridity, the author meticulously examines the various attempts made by Turkey's ruling party, the AKP, to engineer social change and gradually Islamize both the state and society.

The book argues that the AKP has played a pivotal role in paving the way for Islamist legal hybridity, a phenomenon where society, state, and law are undergoing a gradual Islamization on an ad hoc basis. This transformation has been facilitated by the non-state nature of informal law and legal pluralism in Turkey, which have allowed Muslims to seek the guidance of religio-legal scholars in resolving disputes. However, under the AKP's rule, this informal legal system has become increasingly dominated by conservatives, sometimes even radical Islamists, who have capitalized on this power by either formalizing certain aspects of informal Islamist law or using it informally to mobilize their supporters against the opposition.

The book explores the complex interplay between informal law, legal pluralism, and the AKP's efforts to consolidate power. It sheds light on the ways in which the ruling party has used informal Islamist laws to suppress dissent, control the media, and marginalize minority groups. It also examines the challenges faced by those who oppose the Islamist agenda, including the erosion of civil liberties, the rise of religious intolerance, and the suppression of political opposition.

Through its comprehensive analysis, this book provides a valuable insight into the evolving dynamics of law, politics, and society in Turkey. It raises important questions about the role of informal law in shaping political outcomes, the boundaries between state and religion, and the potential consequences of an increasingly authoritarian Islamist regime. It serves as a cautionary tale for other countries facing similar transitions and a call to promote democratic values, respect for human rights, and the rule of law.

Weight: 478g
Dimension: 210 x 148 (mm)
ISBN-13: 9789811902758
Edition number: 1st ed. 2022