The Mejelle

The Mejelle Ahkame Adliye, to give it its full name, was elaborated between 1869 and 1876 as part of the legislative purpose of the Tanzimat, initiated in imperial Turkey, with the approval of the Sultan. The Mejelle represents an attempt to codify that part of Hanafi Fiqh which treats of Muamalat (transactions between people) and to present the Islamic law of obligation in one volume for facility of consultation.In recent decades the Mejelle has gained fresh attention as seen in the codification of the new civil code of the United Arab Emirates in 1985. Equally many research works have been undertaken to examine the provisions contained in the Mejelle and the extent of compatibility to the current civil codes of many Muslim countries. Though intended to be a code of law, the judges of the Mejelle period were not strictly obliged to adhere to all provisions documented in it. They were left free to form their own opinions as a result of the study of Hanafi law books, and this compilation was used as a guide and a useful book of reference. And therein lies its principal value even today.A duty is cast on those learned in the law to explore the vast area of the development of Islamic law, through the centuries after the Hijrah, in order to bring out the essential principles on which the edifice of Islamic law rests. The exigencies of modern life may require reinterpretation and reorientation of the original texts to meet the ever-changing requirements of a developing society. It is in this context that the importance of the present publication which is comprised of the English translation of the Mejelle, the old Turkish civil code, has to be assessed. Translated by C.R. Tyser B.A.L379pgs