The Voyage of Civil Code of Turkey from Majalla to the Present Day

Gedikli Fethi

Article Details

The Voyage of Civil Code of Turkey from Majalla to the Present Day

Authors:

Gedikli Fethi

Publisher:

Université Benyoucef Benkhedda d'Alger

Journal:

Annales de l’université d’Alger Vol.30 Issue 3, pp.217-229

Document Type:

Article

Publication Date:

10/2016

Document Language:

French

Document ID (Org No.):

2001449925

pISSN:

2600-6952

Keywords:

Abstract:

 In this paper, I introduce briefly the process of codification 
of civil law of Turkey. In XIX.th century, Ottoman administrators started some codifications which went to two different ways. One is national codes and the other was translation of some French codes. Ottoman codes of land law, civil law, and family law depend on the fiqh and Ottoman sultan’s will. Actually, making a western type statue was a turning point in Islamic tradition and this was revolutionary character in fiqh in that century. The architect of this achievement was famous Ottoman statesman, legalist, historian Ahmed Cevdet Pasha (1822-1895) and his friends. The title of Ottoman civil of law that based on Islamic law is Majalla-i Ahkam-i Adliye, literally codes of judicial rules, famous in briefly Majalla. The preparation of Majalla took 8 years between 1868 and 1876. After the establishment of the republic of Turkey, the parliament was removed it and in 1926 the Swiss civil code and the obligations code were received with little change by Turkey. In 2001, the Civil Code of 1926 was abolished and a new Civil Code and in 2011, Obligations Code were enacted.

Article Details

The Voyage of Civil Code of Turkey from Majalla to the Present Day

Authors:

Gedikli Fethi

Publisher:

Université Benyoucef Benkhedda d'Alger

Journal:

Annales de l’université d’Alger Vol.30 Issue 3, pp.217-229

Document Type:

Article

Publication Date:

10/2016

Document Language:

French

Document ID (Org No.):

2001449925

pISSN:

2600-6952

Ottoman Civil Code

Majalla

i Ahkam

i Adliye

Islamic law

Turkish law

Ahmed Cevdet Pasha

Swiss Civil Code

Swiss Obligations Code

reception

Issues

Article Details

Authors: Gedikli Fethi

Publisher: Université Benyoucef Benkhedda d'Alger

Journal: Annales de l’université d’Alger Vol.30 Issue 3, pp.217-229

Document Type: Article

Publication Date: 10/2016

Document Language: French

Document ID (Org No.): 2001449925

pISSN: 2600-6952

Issues

Authors:

Gedikli Fethi

Publisher:

Université Benyoucef Benkhedda d'Alger

Journal:

Annales de l’université d’Alger Vol.30 Issue 3, pp.217-229

Document Type:

Article

Publication Date:

10/2016

Document Language:

French

Document ID (Org No.):

2001449925

pISSN:

2600-6952