June 5, 2008: Turkey's Constitutional Court has ruled
a new law unconstitutional that permitted female students to
wear the traditional Muslim head scarf at Turkish universities.
The law was passed earlier this year by the Turkish parliament,
which is dominated by Turkish prime minister Recep Erdogan's
Islamic fundamentalist "Justice and Development Party" (AKP).
Erdogan's supporters argued that the head scarf prohibition was
preventing many girls from having access to higher education.
However, most of Turkey's secular establishment viewed the move
as another step towards allowing Islam to figure more
prominently in Turkish public life.
Erdogan and the AKP are not expected to accept the high
court's ruling without some protests. AKP supporters argue that
the Constitutional Court
is pushing a minority agenda and
interfering in the Turkish democratic process, since the
AKP enjoys wide popular support and holds a majority of
the seats in Turkey's parliament. Even European Union
observers have questioned the democratic validity of
recent legal maneuverings against Erdogan and the AKP.
In a separate court case, the
AKP is charged with anti-secular activities. If the charge
is accepted, the AKP would be banned and dozens of party
members – including Turkey's prime minister and the
president – could also be barred from belonging to a
political party for five years.
The clash between Kemalist loyalists and AKP supporters is a
real "Catch 22" scenario with interesting implications for the
future. The democratic trend of recent years in Turkey clearly
favors the AKP with its Islamist tendencies. On the other hand,
the separation of church and state in Turkey is a founding
principle of the modern Turkish Republic, the Kemalist
doctrine. Kemalist loyalists are entrenched in most key
positions in the Turkish legal system and in the military's
officer corps. Turkey's large cities tend to be more secular as
well.
However, the majority of Turkey's populace lives outside the
country's large cities, and the rural population supports the
AKP. The Turkish military may eventually face the same crisis
that the Shah of Iran, Mohammad Reza Shah Pahlavi, encountered
in his downfall – a majority of the officer corps could
support the Kemalist doctrine, yet be powerless to intervene
because the troops they command support the Islamist
agenda.
It seems the only way to "control" Islamist tendencies in
Turkey is for the country to become a full member of the
European Union. Yet the democratic institutions required for EU
membership point to greater Islamist influence in Turkish
society. If the EU admits Turkey, it will be admitting a
country with growing Islamist sentiment – a country
destined to have the largest national population in the EU. On
the other hand, if the EU rejects Turkey's bid for membership,
there will no outside restraint on Islamic fervor in the
country. It almost sounds like a "no-win" situation for
Europe.