Volume 20, Issue 1 (303) 2024 Manchester Journal of Transnational Islamic Law & Practice Volume 20, Issue 1: 303-311, 2024 Special Section on Recent Developments in Turkey (Edited by Emine Enise Yakar) The Imperative of Establishing an Islamic Judicial System in Türkiye: A Critical Examination from an Islamic Perspective Nehaluddin Ahmad  Zheimie H. Zamri  Abstract: Türkiye, once distinguished as the sole Islamic society abolishing Islamic law, has undergone a transformative shift under President Recep Tayyip Erdogan, veering towards Islamic law and a presidential system, diverging from its Western legal roots. To safeguard freedom of religion or belief, which is Islam, the establishment of an Islamic judicial system is imperative in a secular state. Islam is a comprehensive and perfect system that encompasses all aspects of human life. In promoting the upholding of fundamental human rights, especially the right to freedom of religion or belief, Türkiye can ensure that its legal framework supports the rights and beliefs of all its citizens, especially Muslims. This note critically examines the imperative for establishing an Islamic judicial court system. Tracing historical roots to the Ottoman Empire and Atatürk's secularisation efforts, the note also refers to legal, historical, and social dimensions. Emphasising the necessity for an Islamic court to address familial and financial disputes, it explores the intricacies of coexistence between Islamic principles and the existing secular legal framework. The discussion spans the interconnectedness of religiosity, the right to freedom of religion, and the implications of an Islamic judicial system on Türkiye’s legal, societal, and economic fabric. Drawing comparative insights from other secular nations, the article underscores the multifaceted considerations involved. Conclusively, it advocates for a nuanced approach that balances the preservation of Islamic values with the principles of justice and inclusivity within the Turkish legal system. Keywords: The Republic of Türkiye; Islam; Secular State; Islamic Judicial System; Right to Freedom of Religion I. BACKGROUND INFORMATION In recent times, the surge of interest in applying Islamic law in Türkiye, a nation predominantly adherent to Islam yet governed by a secular legal framework rooted in civil law, has sparked considerable debate. 1 This surge is influenced by Türkiye’s historical and cultural context, coupled with the enduring impact of the Ottoman Sultanate. 2 However, the secular nature of Türkiye’s legal system remains a substantial impediment to the seamless integration of Islamic  Law Professor, Sultan Haji Hassanal Bolkiah Faculty of Law, Sultan Sharif Ali Islamic University, Brunei Darussalam. Email: ahmadnehal@yahoo.com.  Sultan Haji Hassanal Bolkiah Faculty of Law, Sultan Sharif Ali Islamic University, Brunei Darussalam. Email: zimiharis97.edu@gmail.com. 1 Meyda Yegenoglu, ‘Clash of Secularity and Religiosity: The Staging of Secularism and Islam Through the Icons of Atatürk and the Veil in Turkey’ In Jack Barbalet, Adam Possamai, and Bryan S. Turner (eds), Religion and the State: A Comparative Sociology (Anthem Press, 2011) 225-44. 2 Aydin Mustafa, ‘Determinants of Turkey Foreign Policy: Historical Framework and Traditional Inputs’ (1999) 35 (4) Middle Eastern Studies 152-86.