THE PORTABILITY OF FAMILY STATUS OF SYRIAN ARAB REPUBLIC CITIZENS UNDER TEMPORARY PROTECTION STATUS IN TURKEY: POLYGAMY AND MARRIAGES WITH MINORS

Since 2011, the civil war in Syria has led nearly 3 million Syrians to seek refuge in Türkiye, resulting in various legal challenges. One major issue involves polygamous and child marriages recognised under Syrian law but conflicting with Turkish public order. According to Article 130 of the Turkish Civil Code of 2001, individuals must prove any previous marriages have ended before remarrying. This raises questions about the recognition of polygamous marriages by Syrian men under temporary protection in Türkiye. Additionally, Article 124 of the Code prohibits marriage under the age of eighteen, creating legal uncertainty when minors, such as 15-year-old girls, are married in Syria and later seek recognition of that marriage in Türkiye. These practices, conflicting with Turkish public order and human rights principles, prompt complex legal evaluations. This paper examines how such marriages are treated under Turkish private international law and the implications from a human rights standpoint.