Akademisyen Çalık: Kemal Paşa’nın dayattığı Medeni Kanun’un zina kısmını tanımıyorum

Gümüşhane Üniversitesi İktisadi ve İdari Bilimler Fakültesinde öğretim üyesi olarak görev yapan ve aynı zamanda Rektör Danışmanı olan Dr. Mustafa Çalık, medeni kanunun zina ile ilgili kısmını tanımadığını belirterek “Kemal Paşa eliyle ve zorla dayatılan tahdit ve kayıtları da İsviçre Medenî Kanununun alâkalı kaidelerini de tanımıyorum” dedi.

Twitter hesabından bir paylaşım yapan Çalık, eşinin kendisine açacağı boşanma davası hakkında tepki çeken ifadeler kullandı. Resmi olarak evli olmasına rağmen ‘dini nikah’ ile de evli olmasını savunan Çalık, şu ifadeleri kullandı:

“Bir yakınım tarafından eşimin bana “zinâ davası” açacağı iletildi. Umarım doğru değildir; ama doğru ise aha şuraya yazıyorum: 1) Ben zinâ edecek çağda da değilim, tıynette de. Hukuken evli iken, Allah’ın emri ve Peygamber’in kavli ile yeniden ve zarûreten evlendim. Mevzu bu!”

Mesajının devamında Mustafa Kemal Atatürk’ü de hedef alan Çalık, Medeni Kanun’un ‘aldatma’ ile ilgili maddelerini tanımadığını söyledi:

“Millî an’ane ve İslam’ın verdiği ruhsatın rağmına, 20’lerde Kemal Paşa eliyle ve zorla dayatılan tahdit ve kayıtları da İsviçre Medenî Kanununun alâkalı kaidelerini de tanımıyorum! Herkes ve her merci elinden geleni yapabilir. Yalnız eşim ve çocuklarım için üzgünüm. Bu kadar!”

Türk Ocakları’na yakın bir isim olan Çalık, aynı zamanda Türkiye Günlüğü adlı derginin de Genel Yayın Müdürü olarak görev yapıyor.

Çalık’ın hedef aldığı ilgili Medeni Kanun maddesi şöyle:

Madde 161- Eşlerden biri zina ederse, diğer eş boşanma davası açabilir.
Davaya hakkı olan eşin boşanma sebebini öğrenmesinden başlayarak altı ay ve her hâlde zina eyleminin üzerinden beş yıl geçmekle dava hakkı düşer.
Affeden tarafın dava hakkı yoktur.


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