Mecelle
Encyclopedia
The Mecelle code was the civil code
of the Ottoman Empire
in the late 19th and early 20th centuries. It was the first attempt to codify a part of the Sharia
-based law of an Islam
ic state.
The code was prepared by a commission headed by Ahmet Cevdet Pasha, issued in sixteen volumes (containing 1,851 articles) from 1869 to 1876 and entered into force in the year 1877. In its structure and approach it was clearly influenced by the earlier European codifications. Covering most areas of civil law
, it exempted family law
, which remained a domain of religious law.
The substance of the code was based on the Hanafist
legal tradition that enjoyed official status in the Empire. However, using the method of preference (tahayyur), it also incorporated other legal opinions that were considered more appropriate to the time, including from non-Hanafis.
As the Mecelle was eventually applied in the secular (nizamiye) courts as well as in the Sharia courts of the Empire, Jews and Christians were for the first time subjected to Islamic law instead of their own law, but could now be called as witness
es in court.
After the dissolution of the Ottoman Empire following World War I
, the Mecelle remained a lasting influence in most of its successor states (except Egypt
, where it was never in force). It remained in force:
The Mecelle also remained the basis of civil law in Jordan
and Kuwait
.
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
of the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
in the late 19th and early 20th centuries. It was the first attempt to codify a part of the Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
-based law of an Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic state.
The code was prepared by a commission headed by Ahmet Cevdet Pasha, issued in sixteen volumes (containing 1,851 articles) from 1869 to 1876 and entered into force in the year 1877. In its structure and approach it was clearly influenced by the earlier European codifications. Covering most areas of civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, it exempted family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, which remained a domain of religious law.
The substance of the code was based on the Hanafist
Abu Hanifa an-Nu‘man
Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān , better known as Imām Abū Ḥanīfah, was the founder of the Sunni Hanafi school of fiqh ....
legal tradition that enjoyed official status in the Empire. However, using the method of preference (tahayyur), it also incorporated other legal opinions that were considered more appropriate to the time, including from non-Hanafis.
As the Mecelle was eventually applied in the secular (nizamiye) courts as well as in the Sharia courts of the Empire, Jews and Christians were for the first time subjected to Islamic law instead of their own law, but could now be called as witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es in court.
After the dissolution of the Ottoman Empire following World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, the Mecelle remained a lasting influence in most of its successor states (except Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, where it was never in force). It remained in force:
- in TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
until 1926, when it was replaced by the Turkish Civil Code, modified from the Swiss Civil Code - in AlbaniaAlbaniaAlbania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
until 1928 - in LebanonLebanonLebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
until 1932 - in SyriaSyriaSyria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
until 1949 - in IraqIraqIraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
until 1953 - in CyprusCyprusCyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
until the 1960s - in The Palestinian territories and, later, IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
formally until 1984, although individual laws had gradually superseded it during the British Mandate of Palestine as well as in the 1960s and '70s
The Mecelle also remained the basis of civil law in Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
and Kuwait
Kuwait
The State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
.