Preliminary Examination of the Regulatory Regime to Establish a Foundation University in Turkey

By Hussin, Rohayati; Kader, Sharifah Zubaidah Syed Abdul et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Preliminary Examination of the Regulatory Regime to Establish a Foundation University in Turkey


Hussin, Rohayati, Kader, Sharifah Zubaidah Syed Abdul, Yaakub, Noor Inayah, Rashid, Rusnadewi Abdul, Malib, Marziana Abd, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Foundations (waqf in Arabic, Vakıf in Turkish) first emerged in the 12th century and played a crucial role in social and economic development throughout the Ottoman Era by providing basic public services such as education and health (Zihnioglu, 2010). The term "foundation" is used interchangeably as "waqf" (vakif) in Turkey (Sesli, 2010). Article 130 of the 1982 Constitution regulates the right to form a foundation. Foundations are defined in Article 101 of the Turkish Civil Code (Law No. 4721) as:

"Charitable groups under the status of a legal entity formed by real persons or legal entities dedicating their private property and rights for definite and constant objectives" (Hatice, 2011).

It also refers to as non-governmental, non-profit organization, having a principal fund of its own, managed by its own trustees or directors and established to maintain or aid social, educational, charitable, and religious or other activities serving the common welfare (Barnhardt, 2017). Foundation is a non-profit organization that typically either donates funds and supports other organizations or provides the source of funding for its own charitable purposes (Driver, 2010). It is formed by the allocation of sufficient assets and rights by real or legal persons, for specific and continuous purposes (Bulut & Sarikatipoglu, 2013). Two basic elements form the definition of a foundation: (1) dedicated assets; (2) the purpose to which those assets are dedicated. Since the existence of foundations is older than the Turkish Republic itself, within the Turkish legal system, there are two major types of foundations: (1) foundations established prior to the Turkish Civil Code; (2) foundations established as per Turkish Civil Code (Alias, 2011). Foundation can be formed provided it is not contrary to the characteristics of the Republic defined by the Constitution, Constitutional rules, laws, ethics, national integrity and national interest; or with the aim of supporting a distinctive race or community (Article 101/IV) (Hatice, 2011).

LITERATURE REVIEW

Koc (2013) has thoroughly discussed the evolution of the role of foundation in higher education in Turkey. His discussion covers seven different periods as follows:

1. Seljuks Ottoman and early Ottoman period (1000-1300s).

2. Ottoman period between (1450-1600s).

3. Ottoman period between (1600-1920).

4. Early Republic era (1920-1950).

5. Intermittent Democratization Era of Republic (1950-1980s).

6. Era under the Higher Education Council (YOK) (1980-2007s).

7. Recent changes in YOK and emergence of foundation universities (2007-2012).

Koc (2013) further elucidated that the major modification of foundations occurred after the establishment of the Republic of Turkey in 1923. In this era, the "Awqaf and Shariyya Ministry" was eliminated and a legal body under the state was established known as "Directorate General of Foundation" (DGF). This body has taken control of all ancient foundations and newly formed foundations. Shafii et al. (2015) have explained on the roles of DGF as mentioned in Article 35 of Foundations Law 2008.

Furthermore, Hatice (2011) observed that the establishment of the Turkish Republic has reformed the foundation and educational systems. The Foundation Law 2008 became a new law to regulate and unify both systems. According to Hatice (2011), more foundations are expected to be formed under this new law as it provides detailed regulations regarding foundations. A well-known Turkish expert, Cizakca (2016) explored the development of waqf (foundation) in Turkey till the present and he confirmed that the Foundation Law 2008 grants full personality to waqf (foundations).

Bulut & Sarikatipoglu (2013) in their study explained the procedural requirements of how foundations could be established. They also illustrated the important of tax exemption laws to be enacted. The tax initiative should be given to foundations so that it will encourage more individuals to form foundations. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Preliminary Examination of the Regulatory Regime to Establish a Foundation University in Turkey
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.