Özet:

Codification was a phenomenon widespread in Europe when the Majalla was created. The spirit of the times was such that Europe was heavily under the influence of the French Civil Code. In such a context the Majalla was envisioned as a means to fill the lacunae in the law as applicable in the judicial system. If we accept that the Majalla is a fiqh text transplanted into a codification paradigm, it raises the problem of whether the imperatives of fiqh accord with those of that paradigm. This article examines the phenomenon of codification and investigates to what extent the Majalla is an expression of a codified paradigm.

Anahtar Kelimeler: