Mecelle
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The Mecelle code (also transliterated Mejelle or Meğelle) 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 Islamic state.
The code was prepared by a commission headed by Aḥmad Ğawdat Paša, 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 witnesses 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:
- in Turkey until 1926, when it was replaced by the Civil Code of Turkey, a modified copy of the Swiss Civil Code
- in Albania until 1928
- in Lebanon until 1932
- in Syria until 1949
- in Iraq until 1953
- in Cyprus until the 1960s
- in Israel formally until 1984, although individual laws had gradually superseded it during the British Mandate of Palestine as well as in the 1960s and '70s[1]
The Mecelle also remained the basis of civil law in Jordan and Kuwait.
[edit] Notes
- ^ Guberman, Shlomo (2000). The Development of the Law in Israel: The First 50 Years, Israel Ministry of Foreign Affairs, accessed January 2007
[edit] References
- Schneider, Irene (2001). "Aḥmad Ğawdat Paša", in Michael Stolleis (ed.): Juristen: ein biographisches Lexikon; von der Antike bis zum 20. Jahrhundert, 2nd edition (in German), München: Beck, 23. ISBN 3406 45957 9.
- Encyclopedia of World History, 6th. ed., online at bartleby.com, accessed January 2007
