Prof. Dr. Nuray Ekşi – Recognition of “Religious Marriages” and “Non-judicial Divorces” in Private International Law

Each country shapes its family law to a great extent in accordance with the traditions, customs and religious values inherently dominant in its own country. Therefore, what is usual and natural in one jurisdiction could be regarded as a strange practice in another. Religious marriages and divorces are typical examples of institutions which can be perceived in a multitude of different ways due to cultural particularities. Thus, conflicts arise between the laws of countries with different legal philosophies and cultural traditions. The difficulties become greatest when the conflict is between the laws of countries without any common legal or cultural tradition. Prof. Dr. Ekşi will discuss the following essential question: to what extent are religious marriages such as polygamous marriages, proxy marriages, muta marriages, arranged and forced marriages recognized as valid in private international law. Prof. Dr. Ekşi will also focus on the recognition of administrative and religious divorces which is another extremely difficult issue to reach a proper conclusion for. It will also be discussed in a comparative manner whether divorce by a letter of the husband or talaq or khula, whether religious divorces in Jewish Rabbinical law or in Islamic law are recognized under national private international laws as well as international conventions or the Brussels II Regulation.