3513659923

7 Tanzimat and “Mecelle” 113

commission. Only two of the original fourteen members of the previous commission remained for the preparation of Mecelle. In 1868, the commission started to work in the Ministry of Justice.

According to Cevdet Pa$a, some of the principles of the Hanefi Imams would provide a sound basis for the civil law, which would be veiy beneficial to all subjects and would serve to preserve peace. The Commission therefore consulted the Hanefi Imams while drawing up the civil codę. These codes were then presented for approval to the Sułtan who commanded that they be used in the Islamie and the mixed courts³⁷.

In 1869, the first volume was written and put in application in the same year. The second, tliird and fourth volumes followed soon after. The inclusion, in the fourth book, of article 692 which referred to Imam Ziifer provoked an opposition against the work of A.Cevdet Pa$a and the Commission. In their estimation, in comparison with the other sources, Imam Ziifer was not a credible reference. Cevdet Pa$a defined the opposition as “ignorant scholars”, however they were supported by the Islamie religious leader ($eyhiilislam). As a result of this authoritative support, they started an upheaval against Cevdet Pa§a³⁸. He was continuously under assault in public and within the govemment itself by attempting to ruin his reputation ³⁹. Meanwhile, the French Ambassador was also pressing the Prime Minister Ali Pa$a to oppose the Commission, thereby condemning the work to failure ⁴⁰.

Conseąuently, A.Cevdet Pa$a was excused from the Ministry of Justice and from the president of the Commission. The Commission was moved from the buildings of the Ministry to the ąuarters of §eyhulislam. The passive members were chosen by the Prime Minister Ali Pa§a to continue carrying out the work. The bookprepared without Cevdet Pa$a did not folio w the same seąuence as theprevious issues and also received much criticism. Cevdet Pa§a's presence was subseąuently appreciated and he was, for the second time, appointed to the directorate of the Commission. The volume prepared in his absence was amended⁴¹. As the sixth, seventh and eighth volumes were prepared for publication, A.Cevdet Pa$a once again contradicted the Prime Minister and he was dismissed from his post. Nevertheless, in eighteen days a new Prime Minister was chosen and A.Cevdet Pa$a retumed to his post. The Commission preparing Mecelle was re-transported to the Ministry of Justice⁴². During the preparations ofthe twelfth volume A.Cevdet Pa$a was dismissed from his post for the third time. He retumed back to his position with an eight-months delay and published the thirteenth, fourteenth, fifteenth and the sixteenth volumes. The last issue was accepted in 1878 by the Sułtan and immediately put into application. Afterwards, Abdtilhamid II dismissed the Mecelle Commission⁴³. The preparation ofMecellehad taken almost 9 years (1867-78). The series consisted

³⁸    Cevdet Paęa, Vol.XVI, p.34.

³⁹    About this di cussions, see: Ebu'1 Ula Mardin, Medeni Hukuk Cephesinden Cevdet Pa$a, fstanbul, 1946, pp 78-85

⁴⁰    Cevdet Paęa, Vol.XVI p.34.

⁴¹    Mardin, pp 78-98.

⁴²    Cevdet Paęa, Vol VII, p. 118.

⁴³    Mardin, pp.l 14-140.