3513659925

9 Tanzimat and “Mecelle” 115

published. In the following years further translations into various languages were madę⁵¹. Mecelle continued to be used in Turkey until the acceptance of the Swiss Civil Codę in 1926. In 1917, a family law codification was accepted⁵². Before the acceptance of the Swiss civil law, in 1922 and 1924, new commissions were setup in Ankara by the new Turkish govemment in order to adapt Mecelle to the new conditions⁵³.

On the other hand, Mecelle had been enforced in the Balkans, Albania and Bośnia until 1928. In many Middle-East countries, Mecelle’s influence continued in local legał order until recently. In Israel, Mecelle was the sole source of law until 1922. Afterwards, during the English occupation, Mecelle was enforced alongside the English law. When Israel gained its independence it did not totally disregard Mecelle. According to O. Óztiirk, Israefs legał system demonstrates a higher degree of adherence to Mecelle than any other updated legał systems. There are still acts taken completely from Mecelle directly into the Israeli legał order⁵⁴.

Mecelle pro vided the Turkish legał system with a complete framework during the Tanzimat period⁵⁵. The great ease with which Mecelle is used can also be attributed to its simple, precise, unconditional language⁵⁶. The commentaries written on Mecelle, accumulated to a vast amount of legał literaturę in Turkey. Mecelle is an important work in Islamie legał history as well as in Turkish legał history. The modem systematization of Islamie law, as spread across the Ottoman Empire, was technically categorized through Mecelle ⁵⁷. Mecelle also holds an important place in world legał history as the most important legał reform during the 19th century⁵⁸.

The codification of each era is a mirror of its society and State. At this point, the Ottoman legał system reflects the political, social, and economic conditions of the state. The statesmen of the Tanzimat period did not touch the traditional institutions while carrying out their reforms. New institutions were established where traditional law was lacking. A.Cevdet Pa$a needed to prove the Islamie competence of the new reforms while he was establishing new courts.

One ofthe most important applications of Tanzimat period was legitimization. Its character was dualistic, where traditional institutions were coupled with new western ones. The Tanzimat period indicates the beginning of a movement from traditional laws based on Islamie philosophies and ideologies, towards a semi-secular legał system embodying the traditions of the West European legał thought. This transition proved to be the basis of the modem Republic of Turkey.

³¹    Óztiirk, pp.83-86.

³²    Mehmet l)nal, “Medeni Kanunun Kabuliinden Ónceki Tiirk Aile Hukukuna Iliękin Duzenlemeler ve Ózellikle 1917 Hukuk-i Aile Karamamesi”, Ankara Oniversitesi Hukuk FakiiUesi Dergisi, VoL XXXIV, 1976.

³³    Ómer Turan, Atatiirk'un Hukuk Inktlabi, (U published Master Thesis), Ankara Oniversitesi Tiirk Inktlap Tarihi Enstitiisii Ankara, 1984.

⁵⁴ óztiirk, pp.93-95.

³³ Mardin, p.!9L

³⁶    t)ęok and Mumcu, p.328

³⁷    Veldet, p.194.

³⁸    Lewis, p.122.