MPs pass judiciary bill, maiden name provision left in limbo

ANKARA

Lawmakers passed the Justice Ministry's extensive legal reform bill late on Nov. 7, although the long-anticipated provision on married women’s surnames was excluded, leaving the prevailing legal void unresolved.

In its periodic attempts to address legal loopholes or improve current regulations, the ministry frequently submits proposals known as "judicial packages" to the parliament.

These bills, which first gain approval in the justice committee, are then presented to lawmakers for endorsement.

The newly ratified law includes provisions whereby complaints in defamation cases will no longer be accepted if more than two years have elapsed since the incident.

Verbal, written or visual insults are now excluded from mediation procedures and are subject to pre-payment measures.

Should a suspect, victim or aggrieved party fail to respond within seven days to a reconciliation proposal, the offer will be deemed rejected by default.

The law, which modifies the criteria for becoming a mediator and a conciliator, also introduces new regulations on the sale of vehicles left unclaimed in trustee impound lots and adjustments to defamation penalties.

Yet, the eagerly awaited amendment addressing married women’s right to use their maiden names was withdrawn from the final bill at the last moment.

Under current Turkish law, married women may either adopt their husband's surname or retain it alongside their maiden name.

However, the Constitutional Court previously ruled that prohibiting married women from solely using their maiden name violated the principle of equality. Due to the absence of a replacement provision for the invalidated statute, a legislative gap persists on the matter.

The ministry had previously considered reintroducing the original restrictions without heed to the Constitutional Court’s decision, hinting at a return to the pre-existing status quo.

Although intended for enactment at the close of the last legislative session, the proposal was postponed to the current session amid objections from women’s organizations, legal experts, opposition parties and certain ruling party members.

While a legislative amendment that would permit women to use only their maiden names appears to be the foremost option, the ministry has yet to make a definitive decision on the matter.