THE MAJALLAH CODE AS A REFORM IN THE HISTORY OF ISLAMIC LAW

Authors

  • Zhalgas SANDYBAEV
  • Askar SABDIN

DOI:

https://doi.org/10.1063546/r7ggdh96

Keywords:

fiqh, majallah, Hanafi legal school, principles of Islamic law, Cevdet Pasha, tradition, Islamic law, Ottoman Empire, codification

Abstract

In the 19th century, the Ottoman Empire survived the economic and political crisis and weakening. The gap between the countries of Western Europe in the economic and technical spheres strengthened their oppositional sentiments and encouraged the government authorities to reform in many areas. In this regard, the Sultan's court made previously unprecedented significant reforms in the field of justice.
This article analyzes the “Majallah” adopted in 1868-1878, the first civil code adopted in the history of Islamic law. The process of preparation of “Majallah,” its adoption, and features are described. The work of Majallah codification was carried out on the basis of fiqh of the Hanafi legal school. In this regard, according to the authors, the norms of the code primarily correspond to the Hanafi madhhab, which cannot be said about other legal schools.

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Published

2024-06-28

Issue

Section

Constitutional law