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codę in mixed court”³⁰. Another powerfiil figurę of this period, Fuad Pa§a, also supported this view. The French Ambassador, Marąuis De Mousteir had a strong influence on Prime Minister Ali Pa$a. On the other hand, Ali Pa§a persuaded the Minister of Commerce to his view. Subseąuently Ali Pa$a formed a private commission to translate the French civil codę and to choose the appropriate phrases³¹.

The accep tance of the French civil codę did not find support amongst Ottoman intellectuals. The new Ottomans for example, who were the modem conservatives, were opposed to this adoption. Namik Kemal, an influential author, claimed that Islamie law could have been used to proliferate and derive the most eligible codes³². Ziya Pa$a, a politician and an intellectual, proclaimed the idea that whomever would accept the foreign codes would be held responsible in histoiy for the destruction of the social constitution of the state³³. As a result, the new Ottomans favored the traditional, experienced legał system in place of foreign laws, which had been bom and developed in foreign cultures and religions.

Ahmet Cevdet Pa§a and §irvanizade $ukrii Pa$a were also opposed to the importation of foreign codes. A. Cevdet Pa$a claimed that, “to change the legał system of a nation is to destroy the nation. In addition, religious scholars also would oppose and reject them ” Cevdet Pa$a defended the formation of the necessary laws in accordance with the existing tradition³⁴.

Ali and Fuadpa$as had deferrence and behef in Cevdet Pa$a³⁵. Cevdet Paęa had been a teacher of Ali Pa$a. A cgmmission was set up both to discuss ideas and to reach a conclusion. Each group defended their own idea. After long discussions, the proposition conceming the French Civil Codę translation was rejected and the ideas of Cevdet Pa$a were accepted ³⁶.

At the beginning, a commission was established of which Ru§ti Molla was in charge and A.Cevdet Pa$a was a member. Even though the commission introduced several new actions, it was not succesful in its overall performance. Afterwards another commission replaced it. A.Cevdet Pa§a became the president of this

³⁰Enver Ziya Karał, Osmanh Tarihi, Vol.VI, Ankara, 1947, p.26.

Umil Tanzimał tbere were three types of courts in the Ottoman State: 1. Islamie Courts: Cases between muslims, cases between muslims and non-muslims, and murder cases were dealt witbin these courts. 2. Non-muslims Courts: The civil law cases between non-muslims were dealt by their own religious judges in these courts according to their own religions. 3. Consulate Courts: The cases between the foreigners coming to the Ottoman State were treated in these courts.

After Tanzimał, in addition to these courts two other types were established: 1. Commercial Courts: The judges consisted of muslims and non-muslims. They were treating commercial cases without national or religious discrimination. 2. Mixed courts: Consisted of muslims and non-muslims. The judges treated all cases of the citizens excluding civil law. Mecelle was especially created for these courts. These courts were founded by A.Cevdet Pasa

³¹ Karał, Vol.VH, p.172.

³³ Ihsan Sungu, “Tanzimat ve Yeni Osmanltlar” in Tanzimał I, pp.802-803.

³³    Sungu, pp.800-801.

³⁴    Cevdet Paęa, pp.62-63.

³⁵    About three big reformer of the Tanzimat period see: Roderic H.Davison, Reform in the Ottoman Empire, 1856-1876, Second Ed., New York, 1973, pp. 81-114 and 234-270; also Shaw, pp.55-172.

³⁴ Osman Oztiirk, Osmanh Hukuk Tarihinde Mecelle, Istanbul, 1973, pp.18-19.