Abstract
One of the important features of the law is that allows the legislator to regulate the social sphere, albeit to a certain extent. The ruling elites, who use the power of the state, have frequently applied this opportunity to build a society in line with their ideations. Based on the understanding that the state should dominate religion, some regulations made into the social sphere merge as an extension of this understanding. It is possible to see such regulations in almost all examples of authoritarian regimes. The desire to re-establish the society with a new content requires the liquidation of the institutions to be shaped according to the legitimacy patterns of the old order. Although the society possess the old society characteristics and continues to have the old sense of legitimacy, the new owners of power are not willing to adopt this sense of legitimacy. In the perspective of the new owners of the regime, the institutions of the old order constitute a point of resistance to the construction of the new order, this situation blocks the possibility of shaping and managing the society according to their own approach. From this viewpoint, it becomes possible to read the steps taken by the state in regulating the religious sphere as an authoritarian mentality’s quest to res-hape society and make it manageable by itself. However, this point needs to be justi-fied. To meet this need in countries where there are ruling elites who want to imple-ment an authoritarian secularization program or project, the current religious unders-tanding, which is largely influenced by society, is often portrayed as a phenomenon that is anti-modernity, and therefore against science, progress and reason. In such cases, religion and its associated structures are often subjected to “superstition”, “re-actionary”, “a pile of superstitions”, “irrational” and many other negative attributes. Therefore, religion, in this perspective, appears to be the principal obstacle to prog-ress and science, that is, to be the main responsible for the decline. This provides an opportunity for the ruling elite to “justify” the legal arrangements in this area.
Choosing to rule the state with an authoritarian mindset also brings about the estab-lishment of a dominant state-society relationship. In this relationship, in which a one-way hierarchical structure is in favor of the state, the state, and of course the political elite that governs it, becomes the owner and norm-maker of society. This norm says that the decision-making authority on how and what the quality of society should belong to the state and its rulers. In other words, state-society regulations are fictio-nalized on a hierarchical basis; and supremacy in the hierarchy is attributed to the state. For this reason, authoritarian regimes carry out their arrangements in the social sphere from this perspective. This study focuses on two laws in the French Third Republic and one-party-ruled Turkey, which are cited among such authoritarian regimes in terms of religion-community relations and as a result of state’ attempt to take over the function of religion in society. The evaluation of France in general, especially the Third Republic, as a role model for Turkey during its founding period, has inspired this work as well as many other studies. In this context, the law of Asso-ciations issued in France in 1901 on the reorganization of religious associations, and the law regarding the closure of Dervish Lodges, Zawiya and Shrines in Turkey in 1925 are discussed. Although both laws have been passed for a long time, these laws still remain in the focus of political conflicts and legal debate. This is thought to be due, significantly, to the fact that these laws are related to a sensitive issue such as regulating religious activities of the public authority.