Law granting broad powers to Diyanet enters into force

Following the Constitutional Court's decision to annul the powers granted to the Presidency of Religious Affairs by President and AKP Chairman Recep Tayyip Erdoğan, the AKP moved the annulled regulations to the Turkish Grand National Assembly (TBMM) via an omnibus bill. The legislative proposal, accepted by the votes of AKP and MHP deputies in the General Assembly of the TBMM, paved the way for the Presidency of Religious Affairs to exercise broad powers.

The Law on Amendments to Certain Laws and Decree-Law No. 660, which grants broad powers to Diyanet, was published in the Official Gazette tonight and entered into force.

DETAILS OF THE LAW

According to the amendment made to the Law on the Establishment and Duties of the Presidency of Religious Affairs, the High Board of Religious Affairs will examine and provide opinions on religious publications requested for review by official institutions. The Board will determine and announce prayer times as well as religious days and nights in cooperation with relevant units, institutions, and organizations, and will carry out the necessary work for this purpose.

The High Board of Religious Affairs will examine or have examined publications titled as translations or interpretations of the Holy Quran, upon the request of the Presidency, other public institutions, private individuals, and organizations, or on its own initiative.

Upon the application of the Presidency to the authorized and competent judicial authority, it will be decided to stop the printing and distribution, collect, and destroy publications that the Board determines to be objectionable in terms of the fundamental characteristics of the Islamic religion at the end of the examination. If the publication is made on the internet, the authorized and competent judicial authority will issue a decision to remove the content and/or block access to it upon the application of the Presidency. A copy of this decision will be sent to the Access Providers Association for implementation. Objections to these decisions and to decisions rejecting the Presidency's request may be filed with the authorized and competent judicial authority within two weeks from the date of notification or announcement. The decision rendered upon the objection will be final.

The fact that an objection has been filed against the collection and destruction decision, the content removal decision, or the access blocking decision will not prevent the collection of the publications subject to the decision, the removal of the content, or the blocking of access. Publications subject to a collection and destruction decision will be destroyed if no objection is filed against this decision within the specified period or if the objection filed is rejected.

The administrative and financial affairs of the High Board of Religious Affairs will be carried out by the Board Secretariat.

DUTIES AND POWERS OF THE BOARD OF QIRA'AT

The law regulates the structure, duties, and powers of the Board of Mushaf Review and Qira'at. Accordingly, the Board of Mushaf Review and Qira'at will consist of one chairman and 12 members.

Mushafs (copies of the Quran) without the approval and seal of the Board, mushafs in parts, mushafs with translations, and Holy Qurans prepared in audio, visual, and electronic environments cannot be printed or published.

Upon the application of the Presidency to the authorized and competent judicial authority, it will be decided to stop the printing and distribution, collect, and destroy mushafs and mushafs in parts, as well as Holy Quran publications prepared in audio, visual, and electronic environments that are found to have been printed or published without approval or seal.

If the publication is made on the internet, the authorized and competent judicial authority will issue a decision to remove the content and/or block access to it upon the application of the Presidency. A copy of this decision will be sent to the Access Providers Association for implementation.

Objections to decisions rejecting the Presidency's request may be filed with the authorized and competent judicial authority within two weeks from the date of notification or announcement, and the decision rendered upon the objection will be final.

The criteria for the printing and publication of mushafs, mushafs in parts, mushafs with translations, and Holy Qurans prepared in audio, visual, and electronic environments will be regulated by a regulation.

DUTIES OF THE GENERAL DIRECTORATE OF RELIGIOUS SERVICES

With the amendment made to the Law on the Establishment and Duties of the Presidency of Religious Affairs, the provisions regarding the service units, duties, and powers of the Presidency of Religious Affairs are being reorganized. Accordingly, the General Directorate of Religious Services will provide spiritual counseling and religious services in student dormitories, educational institutions, youth centers and camps, penal execution institutions, health institutions, social service institutions, and similar places based on the principle of cooperation.

The General Directorate of Religious Services will enlighten the public on religious matters through written, visual, auditory, and digital media.

The General Directorate of Religious Services, which will carry out spiritual counseling services for segments in need of support such as immigrants, the disabled, addicts, and disaster victims, will take the necessary measures to ensure that the sacrificial worship is performed in accordance with its procedure, and will supervise the services and activities of institutions and organizations that organize proxy sacrifices within this scope. The General Directorate will also open reading rooms, family and religious guidance centers, youth work centers, and similar places where needed, and will carry out the work related to them.

The General Directorate of Religious Publications will prepare or have prepared printed, audio, and visual works in real and electronic environments, as well as works aimed at developing and promoting Turkish-Islamic Arts, in order to enlighten the public on religious matters; it will examine and publish them, issue periodicals, and distribute free publications when necessary; it will publish works that require more detailed examination from a religious perspective after obtaining the positive opinion of the High Board of Religious Affairs, and will open libraries.

The General Directorate of Management Services will organize aid campaigns conducted by the Presidency and will determine the implementation procedures and principles of aid campaigns to be carried out in mosques, masjids, and their annexes. The General Directorate will also carry out the work and transactions related to the leasing, operation, or having operated the places in the annexes of mosques, masjids, and Quran courses managed by the Presidency of Religious Affairs.

According to the amendment made to the provision regarding appointments in the Law on the Establishment and Duties of the Presidency of Religious Affairs, personnel with the titles of Presidential Advisor, Presidential Mufti, and Presidential Preacher may be employed in units belonging to the central or provincial organization deemed appropriate by the President. Personnel to be appointed for the first time to the staff of the Presidency according to the Public Personnel Selection Examination (B) group score ranking will be appointed according to the success ranking of the oral examination to be conducted by the Presidency among candidates called up to 3 times the number of vacant positions for each title to be recruited.

EXECUTION OF HAJJ AND UMRAH SERVICES

The law reorganizes the provision regulating the execution of Hajj and Umrah services. Accordingly, all work and transactions related to Hajj and Umrah travels and all expenditures made from the Hajj and Umrah Account will be audited at the end of each Hajj season by the Presidency, the Court of Accounts, and, when necessary, by audit personnel assigned by the Presidency.

The execution of Hajj and Umrah services, the establishment of the Hajj and Umrah Account, the expenditure of the amounts in this account, the fees to be paid to the Presidency personnel assigned domestically for Hajj and Umrah activities during Hajj and Umrah periods in return for examination services, and the procedures and principles regarding the establishment, duties, and powers of the Inter-Ministerial Hajj and Umrah Board and the Hajj and Umrah Commission will be determined by the President.

According to the law, since "examining religious publications requested for review by private individuals or organizations and providing opinions in return for a fee" is removed from the duties of the High Board of Religious Affairs, the regulation regarding the income to be obtained from this duty in the Law on the Establishment and Duties of the Presidency of Religious Affairs will be abolished. Accordingly, "incomes obtained in return for the examination of religious publications requested for review by private individuals or organizations by the High Board of Religious Affairs" will be removed from the revenues of the revolving fund.

EXAMINATION FEES TO BE PAID BY THE PRESIDENCY OF RELIGIOUS AFFAIRS

The Presidency of Religious Affairs may benefit from individuals known for their religious culture, experience, and expertise outside its own organization by having them prepare reports, papers, articles, books, perform translations, or deliver sermons in the work of the High Board of Religious Affairs.

An examination fee will be paid to personnel assigned as members of the question preparation commission, members of the examination commission, and examination invigilators in examinations conducted by the Presidency. The examination fee will consist of the product of the indicator figures determined in the law for each day for those assigned to the examination and the civil servant salary coefficient determined for monthly salaries according to the Civil Servants Law. A person may be assigned to an examination at most 10 times in one budget year period. In one examination, the same person will be paid a daily examination fee. Those who are paid an examination fee will not be paid any other fee, provided that the provisions of the Travel Allowance Law are reserved.