Mecelle
Mecelle-i Ahkam-i Adliye (also known simply as Mecelle) was the civil code in force in the Ottoman Empire from 1869 onward. Covering contracts, torts, and some principles of civil procedure, it represents the first significant attempt by an Islamic state to codify part of Shariah law.
Etymology
The term Mecelle (مجلّة / Kalender) in Arabic means “journal” or “book”. In Turkish, it refers to a “compilation” of rulings or laws. The full title Mecelle-i Ahkam-i Adliye (مجلّة أحكام عدليّة) translates to “Journal of Civil Laws”.
Overview and Structure
- Sections of Mecelle: The Mecelle is divided into 16 books, each addressing different aspects of civil law such as property, contract law, litigation, and civil procedures.
- Source of Law: Primarily derived from Hanafi jurisprudence, the predominant school of thought in the Ottoman Empire.
- Scope and Application: It applied to all civil law cases in the Ottoman Empire and sought to provide consistency and uniformity in the legal system.
Historical Context
The drafting of the Mecelle began under the auspices of the Tanzimat reforms, which aimed to modernize the Ottoman Empire’s legal and political landscapes. The code was designed to harmonize the principles of Islamic jurisprudence with contemporary needs, thus playing a pivotal role in legal reform and judicial centralization.
Innovations in Mecelle
- Integration: The Mecelle uniquely combined traditional Islamic law with the emerging principles of European legal systems.
- Codification: It was a pioneering effort in codifying religious laws within a state framework, which hitherto had been applied as unwritten customary practices.
Important Provisions
Some key provisions cover:
- Contracts: Detailed enforceability, execution, and validation principles for different contractual agreements.
- Torts: Methods for addressing grievances, liabilities, negligence, and compensation.
- Civil Procedures: Mechanisms for dispute resolution, evidential requirements, and jurisdictional rules.
Arabic and Turkish Translations
- Arabic: مجلّة أحكام عدليّة (Mecelle Ahkam Adliye)
- Turkish: Mecelle
Suggested Books for Further Study
- “The Ottoman Empire, 1700-1922” by Donald Quataert
- “Islamic Law in the Modern World” by Anderson J.N.D.
- “Sharia and National Law in Muslim Countries” by Jan Michiel Otto
Key Takeaways
- The Mecelle was the first significant codification of Islamic law by a modern state, setting a precedent for subsequent legal reforms across the Muslim world.
- Its development served as a bridge between traditional Hanafi fiqh (Islamic jurisprudence) and modern legal requirements.
- As a legal document, it highlighted the adaptability and capacity of Islamic jurisprudence to respond to changing sociopolitical contexts.
Conclusion
The Mecelle’s codification was a monumental step towards legal modernization in the Ottoman Empire. By pluralistically combining traditional Islamic laws with modern ideals, it not only aligned the state legal provisions with socio-political changes but also influenced future legal reforms in various Muslim-majority countries.
