Current Issues in Family Law Discussed at IZU
At the panel titled "Rethinking the Family," Prof. Dr. Hüseyin Hatemi addressed legal problems related to issues such as gender reassignment, artificial insemination, surrogacy, and adoption procedures. Hatemi stated that in matters falling within the scope of lineage law, moral principle should not be compromised.
The panel “Rethinking the Family: A Tribute to Prof. Dr. Hüseyin Hatemi” was held at the Abdullah Tivnikli Conference Hall. Organized on the occasion of the birthday of academician, author, and law professor Hüseyin Hatemi, the event was attended by IZU Rector Prof. Dr. Ahmet Cevat Acar, Vice Rector Prof. Dr. Erhan İçener, Dean of the Faculty of Law Prof. Dr. Mustafa Ateş, Dean of the Faculty of Human and Social Sciences Prof. Dr. Mehmet Emin Köktaş, as well as academics and students. Speakers at the program included Prof. Dr. Tufan Öğüz from Istanbul University, Prof. Dr. Faruk Acar from Marmara University, Prof. Dr. Emre Gökyayla from Bahçeşehir University, and Assoc. Prof. Dr. Yasemin Güllüoğlu from Ankara Social Sciences University.
ACAR: HATEMI IS AN EXEMPLARY FIGURE WITH A PRINCIPLED STANCE
In his opening speech, Rector Acar expressed his pleasure at hosting Prof. Hatemi at IZU. Stating, “I have come to know Hüseyin Hatemi through his colorful personality, scientific competence, and principled stance in critical situations,” Acar highlighted Hatemi’s exemplary conduct as a scholar and intellectual. He continued: “We have witnessed that even in the most difficult times, he stood up for what is right at the cost of paying a price and did not hesitate to voice the truths he believed in as far as circumstances allowed. He is also an exemplary figure in that he does not refrain from pointing out the shortcomings of the individuals and groups he stands alongside.”
HATEMI: THE CONFLICT BETWEEN LAW AND MORALITY LEADS TO GRAVE CONSEQUENCES
In the first session, moderated by Prof. Dr. Canan Küçükali from the IZU Faculty of Law, current issues in lineage law were discussed. Speaking at the session, Prof. Dr. Hüseyin Hatemi emphasized the fundamental unity between law and morality. "Law and morality are not independent of each other. Their basic principles are shared. Any conflict between them leads to grave consequences," Hatemi said, referring to the reflections of moral degradation experienced in the twentieth century on the legal sphere. Drawing attention to legal problems arising from issues such as the absence of gender difference between spouses, gender reassignment, artificial insemination, surrogacy, and adoption procedures, Hatemi stated that moral principles should not be compromised in such matters related to lineage.
ÖĞÜZ: LAWS MUST BE DRAFTED WITH GREAT CARE
The second speaker of the session, Prof. Dr. Tufan Öğüz from Istanbul University, shared problems and solution proposals regarding the right to deny lineage. Seeking an answer to the question, “Who is the father of a child before the law?” Öğüz drew attention to differences between the regulations in Civil Law and the practices of the Constitutional Court. Asking, “Should a person who has a child through an unlawful relationship, formerly referred to as adultery, be granted the right to file a lawsuit for denial of lineage?” Öğüz emphasized that criteria in legal regulations must be determined with great care.
FUNDAMENTAL ISSUES OF MARRIAGE LAW
The second session, which focused on marriage law, was moderated by Prof. Dr. Hüseyin Hatemi. With contributions from Prof. Dr. Faruk Acar of Marmara University, Prof. Dr. Emre Gökyayla of Bahçeşehir University, and Assoc. Prof. Dr. Yasemin Güllüoğlu of Ankara Social Sciences University, the session addressed the topics “The Perspective of Turkish Law on the Institution of Marriage,” “The Principle of Fault in Divorce,” and “Marriage and Divorce According to TURKSTAT Data.”
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