Mecelle

The Mecelle (also transliterated Mejelle, Majalla, Medjelle, or Meğelle, from the Ottoman Turkish, Mecelle-ʾi Aḥkām-ı ʿAdlīye - from Arabic مجلة الأحكام العدلية Majallah el-Ahkam-i-Adliya) was the civil code of the Ottoman Empire in the late 19th and early 20th centuries. It was the first attempt to codify a part of the Sharia-based law of an Islamic state.

The code was prepared by a commission headed by Ahmet Cevdet Pasha, issued in sixteen volumes (containing 1,851 articles) from 1869 to 1876 and entered into force in the year 1877. In its structure and approach it was clearly influenced by the earlier European codifications. Covering most areas of civil law, it exempted family law, which remained a domain of religious law.

The substance of the code was based on the Hanafi legal tradition that enjoyed official status in the Empire, put into European code-form. However, using the method of preference (tahayyur), it also incorporated other legal opinions that were considered more appropriate to the time, including from non-Hanafis.

As the Mecelle was eventually applied in the secular (nizamiye) courts as well as in the Sharia courts of the Empire, Jews and Christians were for the first time subjected to Islamic law instead of their own law, but could now be called as witnesses in court.

After the dissolution of the Ottoman Empire following World War I, the Mecelle remained a lasting influence in most of its successor states (except Egypt, where it was never in force). The Mecelle was long-lasting in most places since it was effective, coherent, and difficult to dislodge. It remained in force:

The Mecelle also remained the basis of civil law in Jordan and Kuwait.

The first book of the Mecelle is composed of seven chapters that focus on the jurisprudence and codification of laws regarding sale. These include standards of contracts, the subject matter of sales, matters relating to price, giving and taking delivery, and various categories of things sold and the effect thereof.

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