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Ottoman Nizamiye Courts
Beginning in the latter half of the 19th century, the Nizamiye Courts (also written ''Nizami'') were a secular court system introduced within the Ottoman Empire during the Tanzimat era. This court system was administered under the Ottoman Ministry of Justice. Although secular, the Mecelle (the Ottoman version of codified Sharia) was eventually applied to the courts. This court system drew much influence from French models at the time. These courts enabled the further growth of legal pluralism within Ottoman jurisprudence. History From 1839 onwards various legal changes were implemented in the Ottoman Empire with heavy French influence. For example, the penal code (in Turkish ''ceza kannunamesi'') from 1840 was revised in 1851 and later replaced by a French legal code. The French legal code also determined the Ottoman legal codes of commerce (1950) and maritime commerce (1863). By the 1860s, secular Nizamiye Courts were introduced in order to enact this new form of legal pract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) // CITED: p. 36 (PDF p. 38/338) also known as the Turkish Empire, was an empire that controlled much of Southeast Europe, Western Asia, and Northern Africa between the 14th and early 20th centuries. It was founded at the end of the 13th century in northwestern Anatolia in the town of Söğüt (modern-day Bilecik Province) by the Turkoman tribal leader Osman I. After 1354, the Ottomans crossed into Europe and, with the conquest of the Balkans, the Ottoman beylik was transformed into a transcontinental empire. The Ottomans ended the Byzantine Empire with the conquest of Constantinople in 1453 by Mehmed the Conqueror. Under the reign of Suleiman the Magnificent, the Ottoman Empire marked the peak of its power and prosperity, as well a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secular
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negatively or positively, may be considered secular. Linguistically, a process by which anything becomes secular is named ''secularization'', though the term is mainly reserved for the secularization, secularization of society; and any concept or ideology promoting the secular may be termed ''secularism'', a term generally applied to the ideology dictating secularism, no religious influence on the public sphere. Definitions Historically, the word ''secular'' was not related or linked to religion, but was a freestanding term in Latin which would relate to any mundane endeavour. However, the term, In saecula saeculorum, saecula saeculorumsaeculōrumbeing the genitive plural of saeculum) as found in the New Testament in the Vulgate translation (cir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tanzimat
The Tanzimat (; ota, تنظيمات, translit=Tanzimāt, lit=Reorganization, ''see'' nizām) was a period of reform in the Ottoman Empire that began with the Gülhane Hatt-ı Şerif in 1839 and ended with the First Constitutional Era in 1876. The Tanzimat era began with the purpose, not of radical transformation, but of modernization, desiring to consolidate the social and political foundations of the Ottoman Empire. It was characterised by various attempts to modernise the Ottoman Empire and to secure its territorial integrity against internal nationalist movements and external aggressive powers. The reforms encouraged Ottomanism among the diverse ethnic groups of the Empire and attempted to stem the tide of the rise of nationalism in the Ottoman Empire. Historian Hans-Lukas Kieser has argued that the reforms led to "the rhetorical promotion of equality of non-Muslims with Muslims on paper vs. the primacy of Muslims in practice"; other historians have argued that the ability ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mecelle
The Mecelle was the civil code of the Ottoman Empire in the late 19th and early 20th century. It was the first attempt to codify a part of the Sharia-based law of an Islamic state. Name The Ottoman Turkish name of the code is ''Mecelle-ʾi Aḥkām-ı ʿAdlīye'', which derives from the Arabic ''مجلة الأحكام العدلية'', ''Majallah el-Ahkam-i-Adliya''. In European languages, it has also been transliterated as ''Mejelle'', ''Majalla'', ''Medjelle'', or ''Meğelle''. In French, it is known as ''Medjéllé'' or as the ''Code Civil Ottoman''. History Enactment The code was prepared by a commission headed by Ahmed Cevdet Pasha, including a large team of scholars, 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. Family law, which had been originally exempted and left in the domain of religious courts, eventual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Pluralism
Legal pluralism is the existence of multiple legal systems within one society and/or geographical area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems (customary law). In postcolonial societies a recognition of pluralism may be viewed as a roadblock to nation-building and development. Anthropologists view legal pluralism in the light of historical struggles over sovereignty, nationhood and legitimacy. History When the systems developed, the idea was that certain issues (such as commercial law, commercial transactions) would be covered by colonial law, and other issues (family law, family and marriage) would be covered by traditional law. Over time, those distinctions tended to break down, and individuals would choose to bring their legal claims under the system that they thought would offer them the best advantage. Current practice Legal pluralism also occurs wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westernize
Westernization (or Westernisation), also Europeanisation or occidentalization (from the ''Occident''), is a process whereby societies come under or adopt Western culture in areas such as industry, technology, science, education, politics, economics, lifestyle, law, norms, mores, customs, traditions, values, mentality, perceptions, diet, clothing, language, writing system, religion, and philosophy. During colonialism it often involved the spread of Christianity. Westernization has been a growing influence across the world in the last few centuries, with some thinkers assuming Westernization to be the equivalent of modernization, a way of thought that is often debated. The overall process of Westernization is often two-sided in that Western influences and interests themselves are joined with parts of the affected society, at minimum, to become a more Westernized society, with the putative goal of attaining a Western life or some aspects of it, while Western societies are themse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Modernize
Modernization theory is used to explain the process of modernization within societies. The "classical" theories of modernization of the 1950s and 1960s drew on sociological analyses of Karl Marx, Emile Durkheim and a partial reading of Max Weber, and were strongly influenced by the writings of Harvard sociologist Talcott Parsons. Modernization theory was a dominant paradigm in the social sciences in the 1950s and 1960s, then went into a deep eclipse. It made a comeback after 1991, when Francis Fukuyama wrote about the end of the Cold War as confirmation on modernization theory and more generally of universal history. But the theory remains a controversial model. Modernization refers to a model of a progressive transition from a "pre-modern" or "traditional" to a "modern" society. Modernization theory suggests that traditional societies will develop as they adopt more modern practices. Proponents of modernization theory claim that modern states are wealthier and more powerful and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ahmed Cevdet Pasha
Ahmed Cevdet Pasha or Jevdet Pasha in English (22 March 1822 – 25 May 1895) was an Ottoman Empire, Ottoman scholar, intellectual, bureaucrat, administrator, and historian who was a prominent figure in the Tanzimat reforms of the Ottoman Empire. He was the head of the ''Mecelle'' commission that codified Sharia, Islamic law for the first time in response to the Westernization of law.Donohue, John J., and John L. Esposito. Foreword. Islam in Transition: Muslim Perspectives. New York: Oxford UP, 2007. N. pag. . He is often regarded as a pioneer in the codification of a Civil law (legal system), civil law based on the European legal system. The Mecelle remained intact in several modern Arab states in the early and mid-20th-century. In addition to Turkish, he was proficient in Arabic, Persian, French and Bulgarian. He wrote numerous books on history, law, grammar, linguistics, logic and astronomy. Early life Ahmed Cevdet Pasha was born in 1822 in Lofça, Ottoman Bulgaria. He came f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secularism
Secularism is the principle of seeking to conduct human affairs based on Secularity, secular, Naturalism (philosophy), naturalistic considerations. Secularism is most commonly defined as the Separation of church and state, separation of religion from civil affairs and the state, and may be broadened to a similar position seeking to remove or to minimize the role of religion in any public sphere. The term "secularism" has a broad range of meanings, and in the most schematic, may encapsulate any stance that promotes the secular in any given context. It may connote anti-clericalism, atheism, Naturalism (philosophy), naturalism, Nonsectarian, non-sectarianism, Neutrality (philosophy), neutrality on topics of religion, or the complete removal of religious symbols from public institutions. As a philosophy, secularism seeks to interpret life based on principles derived solely from the material world, without recourse to religion. It shifts the focus from religion towards "temporal" a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Pluralism
Legal pluralism is the existence of multiple legal systems within one society and/or geographical area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems (customary law). In postcolonial societies a recognition of pluralism may be viewed as a roadblock to nation-building and development. Anthropologists view legal pluralism in the light of historical struggles over sovereignty, nationhood and legitimacy. History When the systems developed, the idea was that certain issues (such as commercial law, commercial transactions) would be covered by colonial law, and other issues (family law, family and marriage) would be covered by traditional law. Over time, those distinctions tended to break down, and individuals would choose to bring their legal claims under the system that they thought would offer them the best advantage. Current practice Legal pluralism also occurs wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts In Turkey
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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