Please enable JavaScript.
Coggle requires JavaScript to display documents.
Turkish Law - Coggle Diagram
Turkish Law
Pre-Modern Turkish Law (before 1792)
The Ottoman Empire was governed by different laws
Religious Law: Sharia
2)Sharia is based on mainly the Hanafi school of Islamic jurisprudence.
3)There aren’t many rules belonging to the state administration.
4)There are 4 sources.
Sunnah
Ijma
Kuran
Qiyas (analogical reasoning)
1)The religious law of Islam.
Sultanic Law: Kanun
2) It cannot be contrary to Islamic law.
3) It started to be organized after the conquest of Istanbul.
1) These are the rules about public administration set by the sultan for deficiencies in Religious Law.
Circle of Justice: «Daire-i Adl»
Written by Kınalızade Ali Efendi in 16th century.
Actually written in a circle.
It is the 8 principles of public order, and the violation of one of them affects the others as well.
Multi-legal system
The ottoman empire has a very legal system because of the minorities in it.
Also The Ottoman system had three court systems
Non-Muslim’s trade court
For Non-Muslims
For Muslims
Emergence of Modern Turkish Law
(1792 – 1920)
Constitutional Developments
Sened-i İttifak (1808)
3)While The Ayans offered their loyalty to the sultan, the sultan promised to protect them.
1)It is the first document that limits the sultan's powers.
2)It was signed between II.mahmut and the ayans
4)Signed for resolve internal confusion.
5)It has been likened to Magna Carta in terms of content.
Tanzimat Eddict (1839)
1) Guaranteed to Ottoman subjects equality and security of life and property, without distinction of race and religion.
2)It was prepared by Koca Mustafa Reşit Pasha
Islahat Edict (1856)
1)These are the rights granted to minorities by the Sultan
2)Later reforms due to the reaction of Muslims to these rights it has decreased.
Kanun-i Esasi (1876) (First Constituonal Era)
1)the empire’s first constitution and first
written constitution in the Muslim world.
2)Rights of ruler and ruled were set out, but the system it established might best be
described as attenuated autocracy.
3)With this constitution, the Mebusan Meclisi is opened.
1908 Second Constituonal Era
Codification As Reception
▫️Western countries did it first and there is French influence in the codifications.
▫️The Ottoman Empire received thats Codifications from France 3 times and did not do it on its own.
▫️The first codifications movements in the Ottoman empire were in the field of criminal law and trade law.
Mecelle
1)It is an arrangement in the field of civil law.
2)The only original codifications.
4)Written by Ahmet Cevdet Pasha.
3)It is based on Islamic law.