Abstract:

Ottoman law developed in two axes: customary law and şer’î law. The source of şer’î law is based on the Qur’an, sunnah, ijma and qiyas. Customary law, on the other hand, takes its source from the will of the sultan. In the historical process, developments in the field of customary law have taken place in a way that does not contradict the şer’î law. “Mecelle-i Ahkâm-ı Adliye”, known as “Mecelle” in short, was produced by a commission under the chairmanship of Ahmet Cevdet Pasha between 1868 and 1876, in line with the modernization efforts in the field of law. Mecelle is a significant and special work in the context of Ottoman law practices. On October 4, 1926, with the entry into force of the Turkish Civil Code, Mecelle was abolished on the same day. The ninety-nine principles in the Mecelle, which was created in the Ottoman State with the aim of modernization and keeping up with the times and following an issue-oriented system, have very important expressions when considered within the framework of the general principles of law. In terms of the issues it contains, it is possible to say that this work is a touchstone in our legal history.

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