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110 Ómer Turan 4

than the 1838 Criminal Codę ^1<s, The 1840 codę also confirmed the protection of the principles of the Islamie Law. Traditional (órji) and Islamie punishments were amalgamated to form the content of the penal law.

Several inadeąusacies became apparent as soon as the criminal codę of 1840 was applied. Even though various additions were implemented in the following years, the codę never sufhced, Therefore a new criminal codę was established in 1851. The principle of eąuality and legał security continued to be the same as in the Tanzimat Declaration. In comparison to the previous legislation of 1840, the 1851 codę gave even morę emphasis to Islamie principles. The most important reform of this codę was the introduction of public rights to the Turkish legał order ¹⁷. As this codę was still inefficient, in 1858 a new criminal codę was introduced¹⁸.

The 1858 Criminal Codę was prepared by a commission under the rule of Ahmed Cevdet Pa$a, who in the near futurę was to write the Mecelle. This codę, as a basie reference, used the 1840, 1851 Criminal Codes and the 1855 “Prohibition of Bribery Codę”. During the preparation of this codę, the French Criminal law and other European laws were used as models. Afterwards this draft codę was sent to the ęeyhiilislam (Religious leader) in order to make the necessary additions reąuired¹⁹.

Even though the first article in the new codę stated that Islamie principles would be considered, clauses contradictory to Islam were also present. This codę could be differentiated from previous attempts by the secular mentality behind it. However, it underwent fiindamental changes in 1911 and 1914. As a conseąuence of these changes, the systematic unity of this codę was destroye²⁰.

The Ottoman Land Law was based on a state ownership principle {Miri arazi)²¹, which meant that the Ottoman Sułtan was the owner of all the land. This system originated from pre-Islam traditions. Therefore the traditional (órji) public law determined the State ownership of the land²². Islamie law for land was complementary to these traditions. There was no uniąue codę regulating land law in the Ottoman State until Tanzimat. Nevertheless, there was a chapter conceming land regulations in each codę book belonging to the provinces²³.

The Tanzimat Declaration had an important effect on land law codification, In 1840, 1849 and 1858 several new regulations were brought into effect²⁴. Unsatisfied with these regulations, a special commission was then established with the aim of totally restructuring and reorganizing all laws conceming land. A new

'‘Tahir Taner, “Tanzimat Devrinde Ceza Hukuku” in Tanzimat I, p.227.

¹⁷    Uęok and Mumcu, p.322.

¹⁸    Dustur, (Birinci Tertip), VoLI, p.537.

¹⁹    Halil Cin and Ahmet Akgiindiiz, Turk Hukuk Tarihi, Kamu Hukuku, Vol.I, Konya, 1989, pp. 287-290.

²⁰    Taner, pp. 230-231.

²¹    The property was owned by the State, but the right of use was given to the citizens.

“Halil Cin, Osmanh Toprak Duzeni ve Bu Duzenin Bozulmasi, Ankara, 1978, pp.11-15.

²³    Ómer Liitfi Barkan, “Turk Toprak Hukuku Tarihinde Tanzimat ve 1274 (1858) Tarihli Arazi Kanunnamesi”, Tanzimat I, pp. 329-330.

²⁴    Ibid., pp. 355-368.