Mecelle
The Mecelle ( Ottoman مجلۀ احکام عدلیه, IA Mecelle - ʾ i Ahkam -ı ʿ Adliye, " book of laws " ) was the Civil Code largely created in the years 1869-1876 under the auspices of Ahmed Cevdet Pasha, the Ottoman Empire. The " code of laws " was a compilation or the first attempt at a codification of property rights provisions of Islamic law. Basically, the existing law of 16 books taught according to the Hanafi school of law. Includes debt were right and some things, personnel and procedural law provisions, whereas inheritance and family law and the right of religious foundations were not treated.
The Mecelle occurred piecemeal in 1870 by imperial edicts ( irade ) in the Ottoman -dominated areas with the exception of Egypt into force.
- 3.1 comments
- 3.2 translations
History
Formation
The reform of the Ottoman legal system began on November 3, 1839 by Foreign Minister Resid Pasha in Gülhane Park picked Hatt -ı Serif ( خط شريف /, Elegant hand writing '), bringing the era of the Tanzimat, so the reorganization, was heralded. The reforms passed, as in the case of the translated from the French Commercial Code ( Kânunnâme -i Ticaret / قانوننامۀ تجارت ) of 28 July, 1850, mainly from the reception of foreign laws.
Connected to the Crimean War (1853-1856) between the Ottoman Empire, France and Britain on one side and the Russian Empire on the other side of the trade was extended with the Europeans on. Naturally, led the growth of trade relations with an increase in processes that were brought before the courts mixed ( Mehâkim -i Muhtelita / محاكم مختلطة ) pursuant to the provisions of the Commercial Code of 1850. The result was that the courts of the significant and increasing number were not up to litigation. The available Scheriatgerichte were not addressed by the Europeans, because before this was the testimony of a non- Muslim against a Muslim and a Musta'mins against a dhimmi inadmissible. To solve this problem, the translation and application of the Code Civil was proposed which, although found advocates, however, is closed while the Ulama. The government opted for a compilation of a financial provisions of Islamic law ( fiqh al - Mu'amalat / فقه المعاملات / Jurisprudence on the interpersonal relationships '). There should be a commonsense Code ( Metn -i Metin / متن متين / sober text ') will be developed.
Work on the Metn -i Metin began on November 2, 1855 under the chairmanship Rüşdi Molla Efendi, a member of the High Council of the Tanzimat ( Meclis -i Ali- i Tanzimat / مجلس عالی تنظیمات ). Other members were of Istanbul Kadısı Tahir Efendi, the court chronicler ( vak ʿ anüvis / وقعه نویس /, event recorder ') Cevdet Efendi and Husam Ali Efendi and Ratib Bey, both members of the Council for General Education ( Meclis -i Maarif -i Umûmiye / مجلس معارف عموميه ). While the Committee presented a part or a first book finished, namely the Kitâbü'l - Büyû ( كتاب البيوع /, Book on sale '), then broke up but because of the improper selection of the committee members without accomplishing work on.
On November 30, 1867 Grand Vizier Mehmed Emin Ali Pasha wrote a memorandum to Sultan Abdulaziz, in which he vividly the example of Egypt, where the code had been civil translated into Arabic, spoke out for the reception of the French Civil Code. The trade minister Mehmed Pasha Kabuli and the French Ambassador Nicolas Prosper Bourée exercised to the effect of pressure. In fact, Ali Pasha had already Said Pasha commissioned at this time with the translation from Arabic and it created a Committee.
To clarify further proceedings, finally, a special committee was convened, where the Pasha Ahmed Cevdet, Mehmed Fuad and Sirvanizade Mehmed Rüşdi could successfully prevail against a desk. The committee, headed by Said Pasha, who had completed up to March 1868 have 1500-1600 products, was dissolved. The so-called " scientific society " ( Cemiyet -i Ilmiye / جمعيت علميه ), the Seyyid Halil, Seyfeddin, Seyyid Ahmed Hulusi, Seyyid Ahmed Hilmi, Mehmed ( Muhammed also ) Emin and Ibn Âbidinzâde Alâeddin belonged, began under the chairmanship of the Minister of Justice appointed Ahmed Cevdet Pasha, with the creation of the Mecelle. The completed Introduction ( Mukaddime / مقدمة ) and the Kitâbü'l - Büyû were submitted on March 22, 1869 for examination and entered on April 20, 1869 in force. This was followed by the Kitâbü'l - Icârât ( كتاب الاجارات /, book about the rent ' ) on 7 February 1870 and the Kitâbü'l - Kefâle ( كتاب الكفالة /, book about the guarantee ') on 20 April in 1870.
While the Kitâbü'l - havale ( كتاب الحوالة /, book about the assignation ') yet available for testing and the Kitâbü'r - Rehn ( كتاب الرهن /, book about the pledge ') was near completion, was Ahmed Cevdet Pasha end of April 1870 due to the strong opposition of Hasan Fehmi Efendi Scheichülislams and the Ulama deposed as minister of justice and removed by the Mecelle Commission. Hasan Fehmi Efendi, a favorite of the Grand Vizier Ali Pasha, took the view that the creation of Mecelle was not for the secular Ministry of Justice, but rather the responsibility of the Bab -ı Meşîhat ( باب مشيخت /, Office of Scheichülislam ') fell. The Bab -ı now the Meşîhat nationals Mecelle - Committee prepared under the direction Gerdankıran Ömer Efendi the Kitâbü'l - Vedia ( كتاب الودیعه /, book about the safe storage '), which, however, whether its contents and of the legislative technique fierce criticism faced and that caused the lead again Ahmed Cevdet Pasha was entrusted on August 24, 1871. This could confiscate and destroy the specimens involved.
Ahmed Cevdet Pasha Under the leadership could be completed despite the persistence of " religious opposition" eleven other books. Finally, the Mecelle Commission in 1876 sparked fact with the accession Abdülhamids II, but officially in 1888 on without the Islamic inheritance and family law has been treated.
Repeal
In Turkey, the Mecelle entered under Article 43 in conjunction with Article 48 of Law No 864 of 29 May 1926, the entry into force and the shape of the application of the Civil Code on October 4, 1926 repealed. In Albania, it was founded in 1928, repealed in Lebanon in 1932, Syria in 1949, Iraq in 1953 and in Cyprus in the 1960s. In Israel, the Mecelle officially preserved until the repeal of the U.S. Mecelle (Hebrew חוק לביטול המג'לה ) of 28 June 1984 to be valid. First, however, were already individual regulations and entire books, such as the first book with Article 36 of the Sales Act ( חוק המכר ) of 1968, repealed. In the Palestinian territories it is still known as the Civil Code.
Construction
The Mecelle casuistically constructed consisted in a 100 article Introduction ( Mukaddime / مقدمة ) and 1,751 articles in 16 books. The introduction was made up of a first (Art. 1) and a second preface together (Article 2-100 ). While the first preface defined the concept of fiqh, the second preface contained 99 principles that derive mainly from Ibn Nudschaim.