Please enable JavaScript.
Coggle requires JavaScript to display documents.
Conceptualising the Contemporary Turkish Law, 1808 Charter of Alliance …
Conceptualising
the
Contemporary Turkish Law
Pre-Modern Turkish Law
Religious Law: Sharia (Şer’i Hukuk)
1)Sharia: Kuran, sunnah, ijma, qiyas (analogical reasoning).
2) In Ottoman State, Sharia is based on mainly the Hanafi school of
Islamic jurisprudence.
Sultanic Law: Kanun (Örfi Sultani)
1)Sharia depended on the interpretation of sources by the ulema, which had
2)The Kanun fulfilled the role of public administration, being used along
with religious law.
Circle of Justice: Daire-i Adl
1)writer Kınalızade Ali Efend
2) Each element of the Circle is dependent upon the success of the other
Emergence of Modern Turkish Law
1839 Tanzimat Edict
1)The edict proclaimed the equality of all citizens under the law
2)The Tanzimat edict was prepared by Koca Mustafa Reşit Pasha
1856 Islahat Edict
1)Islâhat Hatt-ı
Hümâyûnu
2)Hatt-ı Hümayun was a promise by the Sultan to his citizens, subjects
3)Published during the reign of Sultan Abdulmejid
Constitution of 1876 (Kanun-i Esasi) First Constitutional Era
1)first constitution of the empire
2)attenuated autocracy
Second Constitutional Era
1)political pluralism
2)Young Turks
Codification as Reception
1)French influence predominated in the codification
1808 Charter of Alliance
1)The Charter was a treaty between the grand vizier of the Ottoman
2)Empire and a number of powerful local rulers signed in 1808
3)Turkish
Magna Carta.