Özet:

Legal structure of the Ottoman Empire is divided into Islamic law and customary law. Islamic law is formed by the jurisprudence of mujtahid based on sources of Islamic law within the framework of the principles established by fiqh procedure. On the other hand, customary law are in the form of code regulations as “maslahat-ı nasa evfak” in administrative, financial, criminal and other similiar areas within the context of the legislative authority granted to ülü'l-order. Many radical reforms are carried out in the military, administrative, economic, legal and social areas by the Tanzimat. Translations and implementation of laws used by European countries or reorganizing existing law using European codification techniques are the codification activities made in the field of law during the Tanzimat period. The best example of the second type is the “Mecelle -i Ahkâm-ı Adliye”, prepared based on fundamental fiqh books which includes relevant provisions, related to law of obligations, partly property law and trial law. Mecelle has clearly shown practical and dynamic nature of the fourteen centuries-old legal system with its law technique used, language, being simplicity, response to needs of time and very strong Fundamentals, and is a law source which has inspired modern legal systems.

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