The Hagia Sophia Case

Last July 2020, Turkey's President Erdogan sparked global controversy by ordering that Istanbul's Hagia ' Sophia reopen as a mosque. A UNESCO World Heritage site, the Hagia Sophia was a cathedral and then a mosque before it became a museum, thus standing as a symbol of interfaith harm...

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Bibliographic Details
Published in:Harvard law review Vol. 134; no. 3; p. 1278
Format: Journal Article
Language:English
Published: Cambridge Harvard Law Review Association 01-01-2021
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Summary:Last July 2020, Turkey's President Erdogan sparked global controversy by ordering that Istanbul's Hagia ' Sophia reopen as a mosque. A UNESCO World Heritage site, the Hagia Sophia was a cathedral and then a mosque before it became a museum, thus standing as a symbol of interfaith harmony for many. Many saw President Erdogan·s move as an attempt to energize his base in the face of declining poll numbers, but the decision technically came from a court. On July 10, 2020, the Council of State, Turkey's highest administrative court, held that the 1934 conversion of the Hagia Sophia into a museum constituted misappropriation of an Islamic charitable trust (waqf) and ordered that it revert to being a mosque. Despite claims that President Erdogan influenced the outcome, the decision was in fact legally correct. Where the court erred, however, was in its reasoning, as its cursor}· application of Ottoman law made an already controversial decision more vulnerable to criticism.
ISSN:0017-811X
2161-976X