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LEGAL ADJUSTMENTS OF TANZIMAT AND “MECELLE”

ÓMER TURAN (Ankara)

In Turkish history, the Tanzimat period corresponds to the last half century of the Ottoman State. During this era, West European ideologies and institutions began to enter into the Ottoman State. The Empire tried to continue its existence via various reform movements which sought to reconcile these different ideologie approaches and its own traditions. From a legał point of view, this transition period is characterized by a dualism between the classic Islamie traditions and modem West European legislation*.

The period of Islam, as it relates to Turkish Law, covers the years between 920-1839, and includes both the Selęuk and Ottoman Empires. The application of these classical Islamie and traditional Turkish laws lasted for about one thousand years. In generał, Islamie rules became the guiding principle. In the field of public law, previous Turkish traditions continued to be effective, though having been changed under an Islamie influence \ Hence, the Islamie canon law, $eriat,was prevalent as civil codę. Islamie scholars {mufti) announced their opinions according to their interpretation of Islamie rules. The judge {Kadi) would treat and solve each case according to the given fetvas. Actually, in this period, morę than 1000 law books were prepared in the necessary fields. The codes of Mehmed II, Siileyman the Magnificent and Ahmed III were the most extensive of all. Yet, apart from the existingfetvas and case law of the Kadis, there was no written law in the modem sense². Moreover, previously, in the various regions of the Empire, some local codes were maintained. During Tanzimat, the procedural codes were prepared. These codes were unconditionally applicable to all subjeets. The Tanzimat period was the initial observance of legał reforms composed under the influence of contemporaiy West European law-making techniąues and ideology.

* Turkish legał history can be differentiated into four main periods: the pre-Islam period, the Islam period, the Tanzimat - period, and legał history during the Republic. See: Coękun Oęok and Ahmet Mumcu, Turk Hukuk Tarihi, Fourth Ed., Ankara, 1982, p.4.

The law pre-Islam is the first era of Turkish legał history. This covers a period of 1000 years (BC 220-AD 920). During this time “Torę” (tradition) was the respected unwritten law and tradition. Nevertheless, written documentation of legał texts belonging to Uygur Turks exists, and was found by Radloff. See: Bahaeddin Ógel, TurkKulturunun Gelięme ęaglari, Second Ed., Ankara, 1979; Halil Inalcik, The Ottoman Empire: Conąuest, Organization andEconomy_yVdi\o\^m Reprints, London, 1978, pp.107-108; Sadri Maksudi Arsal, Turk Tarihi ve Hukuk, Istanbul, 1947.

¹    Halil Inalcik, “Osmanli Hukukuna Giris”, Siyasal Biłgiler Fakułtesi Dergisi, No.XIlI, Vol.2, 1958, p. 102; Fuad Kópriilu, Islam ve Turk Hukuk Tarihi Araątirmalari ve Vahf Muessesesi, Istanbul, 1981, p.35.

²    Ómer Liitfi Barkan, “Kanunname’* in Islam Ansiklopedisi, VoLVI, Istanbul,. p.185; Ismail Hakki Uzunęaręih, Osmanli Devletinde Imiye Tefkilati, Second Ed., Ankara, 1984, pp. 173-197.

Rev. Etudes Sud-Est Europ., XXXIV, 1-2, p.107-115, Bucarest, 1996