Ex-President of Turkish Constitutional Court Mustafa Bumin, having had signatures on a great number
of decisions about turban for 26 years, has warned that new constitution prepared by academicians and
cabinet members of AKP is posing threats. Relating the new draft constitution, Bumin, “I am really
concerned” said.
Claiming that black chador’s way will be opened by this decision and that those wearing turban will not
allow other students dressed in a modern way to enter universities, with the reason ‘Aren’t you Muslims?’.
Bumin, “Those preparing the draft constitution do not know the realities of Turkey. They have not realized
them yet. If clothing is made free by the Constitution, those wearing turban will not allow the others to enter
universities” said.
Since 1974 when turban issue started to appear, Bumin, having worked in the 8 th Office of Court of Appeals
and given precedents relating turban for 26 years, made these comments:
Bumin: “I am concerned because…”
“If turban is freed, this won’t be limitd to turban itself. I have some concerns. If someone wearing chador comes
and says ‘I will enter the campus’, you cannot say ‘no’. Not only those but some others believing in other religions
will want to wear their own clothes peculiar to their religions. A university student should set a good exmple by his/her wearing style. Turban users will not let those not wearing turban go into the university campus and thus, will prevent
them from attending lessons. Here is Turkey and there are people who can apply physical violence on other people
due to that they do not fast in Muslims’ holy month Ramadan. Those who prepared this draft Costitution do not realize Turkey’s realities. They do not want to see them. I am worried because they will put it into force soon and this time
they will be concerned when they see the chaos. They are trying to resolve this matter but it will be worsen. If ‘Attire
is free’ article is put on the Constitution, this means turban is, from then on, free. When a person goes to appeal at Court
of Appeals and Constitutional Court, cases will have to be rejected. Also if amendments are made about such issues as secularism and education, I think ECHR (European Court of Human Rights) will possibly reject those cases.
Turban issue is not a recent issue. It has been here since 1974. There was a lawyer named Emine Baç entering the court hearing with her turban. Upon this, she was warned by the judge. When the lawyer, ‘I wear it due to my religious belief so I won’t take it off’ said, disciplinary proceedings are started and she was dismissed from Turkish Bar Associastion. When this happened, I was working for Court of Appeals. I worked there for 26 years. Since 1974, all decisions relating turban have been made by the 8th Office of Court of Appeals where I worked as a reporter and public prosecutor. Therefore I know what happened and has happened recently well.
Headscarf and turban are not the same thing. Our mothers wear headscarves due to their believes. And who stops them? No one. There has been no obstacle for them since the Turkish Republic was founded by Atatürk. No one has reacted negatively against women’s wearing headscarves. But the Court has said turban is a ‘SYMBOL’. The expression ‘symbol’ is present in many decisions of Court of Appeals and in two decisions of Constitutional Court about turban. The legal ground for these decisions is the ban on turban at universities. In all these decisions, it is said that ‘Turban is not an innocent cloth used to cover oneself with and worn due to one’s innocent religious feelings; but a political symbol.’ ”
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