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Ottoman Nizamiye Courts

April 12, 2024

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.[1][2] This court system was administered under the Ottoman Ministry of Justice.[3] 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.[4][5] These courts enabled the further growth of legal pluralism within Ottoman jurisprudence.[6]

History edit

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.[7] The French legal code also determined the Ottoman legal codes of commerce (1950) and maritime commerce (1863).[8] By the 1860s, secular Nizamiye Courts were introduced in order to enact this new form of legal practice.[9][10] The Nizamiye Courts were first established in 1864 as a part of the extensive Tanzimat efforts meant to Westernize and modernize the Ottoman Empire.[11][12] During this time period the Khedivial Law School was founded for the sake of training lawyers for the Nizamiye Courts.[13]

Middle East historian William L. Cleveland writes,

“The new penal laws were a continuation of the work of the jurist, religious scholar, and civil functionary, Ahmed Cevdet Pasha. In a series of reforms, Cevdet Pasha arranged for the establishment of secular, or Nizami courts with their own judiciary and courts of appeal.”[14]

Out of this court system rose a duality within Ottoman legal practice. The Sharia Courts and Nizamiye Courts coexisted creating legal pluralism within the Empire. In some ways, this led to the slippery slope of increasing a lawyer's ability to choose within the legal sphere leading to corruption. [15]

With regards to this pluralism, law professor Lee Epstein states that,

"In an attempt to clarify the division of judicial competences, an administrative council laid down that religious matters were to be handled by religious courts, and statute matters were to be handled by the Nizamiye courts."[16]

Structure of Nizamiye Courts edit

The court was based from French models and were European in style.[17][18][19] Therefore, they contained a three-tier hierarchal arrangement.[20] This system was extended to the local magistrate level with the final promulgation of the Mecelle, a civil code that regulated marriage, divorce, alimony, will, and other matters of personal status.[21]

The three levels:

1st: Instance courts

2nd: Courts of appeals

3rd: A cassation court located in Istanbul, dealing with commercial, criminal and civil cases.[22]

See also edit

References edit

  1. ^ "Ottoman Nizamiye Courts: Law and Modernity". Comparative Legal History. 1: 285–290. doi:10.5235/2049677X.1.2.285. S2CID 159732453.
  2. ^ Wood, Leonard G. H. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1875-1952. Oxford: Oxford UP, 2016. Print. Page 35.
  3. ^ Rubin, Avi. Ottoman Nizamiye Courts: Law and Modernity. New York: Palgrave Macmillan, 2011. Print. Page 78.
  4. ^ Epstein, Lee; O'Connor, Karen; Grub, Diana. "Middle East" (PDF). Legal Traditions and Systems: an International Handbook. Greenwood Press. pp. 223–224.
  5. ^ Selçuk Akşin Somel. "Review of "Ottoman Nizamiye Courts. Law and Modernity"" (PDF). Sabancı Üniversitesi. p. 2.
  6. ^ Rubin, Avi. Ottoman Nizamiye Courts: Law and Modernity. New York: Palgrave Macmillan, 2011. Print. Page 63.
  7. ^ Findley, Carter V. Turkey, Islam, Nationalism, and Modernity: A History, 1789-2007. New Haven, CT: Yale UP, 2010. Print.
  8. ^ Findley, Carter V. Turkey, Islam, Nationalism, and Modernity: A History, 1789-2007. New Haven, CT: Yale UP, 2010. Print.
  9. ^ "Ottoman Nizamiye Courts: Law and Modernity". Comparative Legal History. 1: 285–290. doi:10.5235/2049677X.1.2.285. S2CID 159732453.
  10. ^ Findley, Carter V. Turkey, Islam, Nationalism, and Modernity: A History, 1789-2007. New Haven, CT: Yale UP, 2010. Print.
  11. ^ "Ottoman Nizamiye Courts: Law and Modernity". Comparative Legal History. 1: 285–290. doi:10.5235/2049677X.1.2.285. S2CID 159732453.
  12. ^ Wood, Leonard G. H. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1875-1952. Oxford: Oxford UP, 2016. Print. Page 35.
  13. ^ Wood, Leonard G. H. Islamic Legal Revival: Reception of European Law and Transformations in Islamic Legal Thought in Egypt, 1875-1952. Oxford: Oxford UP, 2016. Print. Page 55.
  14. ^ Cleveland, William L, The Making of an Arab Nationalist: Ottomanism and Arabism in the Life and Thought of SatiÊ» Al-Husri. Princeton, NJ: Princeton UP, 1971, page 13.
  15. ^ Rubin, Avi, Ottoman Nizamiye Courts: Law and Modernity, New York: Palgrave Macmillan, 2011, page 117-20.
  16. ^ Epstein, Lee; O'Connor, Karen; Grub, Diana. "Middle East" (PDF). Legal Traditions and Systems: an International Handbook. Greenwood Press. pp. 223–224
  17. ^ "Ottoman Nizamiye Courts: Law and Modernity". Comparative Legal History. 1: 285–290. doi:10.5235/2049677X.1.2.285. S2CID 159732453.
  18. ^ Epstein, Lee; O'Connor, Karen; Grub, Diana. "Middle East" (PDF). Legal Traditions and Systems: an International Handbook. Greenwood Press. pp. 223–224.
  19. ^ Selçuk Akşin Somel. "Review of "Ottoman Nizamiye Courts. Law and Modernity"" (PDF). Sabancı Üniversitesi. p. 2.
  20. ^ Epstein, Lee; O'Connor, Karen; Grub, Diana. "Middle East" (PDF). Legal Traditions and Systems: an International Handbook. Greenwood Press. pp. 223–224.
  21. ^ Lee Epstein; Karen O’Connor; Diana Grub. "Middle East" (PDF). Legal Traditions and Systems: an International Handbook. Greenwood Press. pp. 223–224.
  22. ^ "Ottoman Nizamiye Courts: Law and Modernity". Comparative Legal History. 1: 285–290. doi:10.5235/2049677X.1.2.285. S2CID 159732453.

April 12, 2024
ottoman, nizamiye, courts, beginning, latter, half, 19th, century, nizamiye, courts, also, written, nizami, were, secular, court, system, introduced, within, ottoman, empire, during, tanzimat, this, court, system, administered, under, ottoman, ministry, justic. 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 1 2 This court system was administered under the Ottoman Ministry of Justice 3 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 4 5 These courts enabled the further growth of legal pluralism within Ottoman jurisprudence 6 Contents 1 History 2 Structure of Nizamiye Courts 3 See also 4 ReferencesHistory editFrom 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 7 The French legal code also determined the Ottoman legal codes of commerce 1950 and maritime commerce 1863 8 By the 1860s secular Nizamiye Courts were introduced in order to enact this new form of legal practice 9 10 The Nizamiye Courts were first established in 1864 as a part of the extensive Tanzimat efforts meant to Westernize and modernize the Ottoman Empire 11 12 During this time period the Khedivial Law School was founded for the sake of training lawyers for the Nizamiye Courts 13 Middle East historian William L Cleveland writes The new penal laws were a continuation of the work of the jurist religious scholar and civil functionary Ahmed Cevdet Pasha In a series of reforms Cevdet Pasha arranged for the establishment of secular or Nizami courts with their own judiciary and courts of appeal 14 Out of this court system rose a duality within Ottoman legal practice The Sharia Courts and Nizamiye Courts coexisted creating legal pluralism within the Empire In some ways this led to the slippery slope of increasing a lawyer s ability to choose within the legal sphere leading to corruption 15 With regards to this pluralism law professor Lee Epstein states that In an attempt to clarify the division of judicial competences an administrative council laid down that religious matters were to be handled by religious courts and statute matters were to be handled by the Nizamiye courts 16 Structure of Nizamiye Courts editThe court was based from French models and were European in style 17 18 19 Therefore they contained a three tier hierarchal arrangement 20 This system was extended to the local magistrate level with the final promulgation of the Mecelle a civil code that regulated marriage divorce alimony will and other matters of personal status 21 The three levels 1st Instance courts2nd Courts of appeals3rd A cassation court located in Istanbul dealing with commercial criminal and civil cases 22 See also editOttoman Empire Tanzimat Mecelle Sharia Secularism Legal pluralismReferences edit Ottoman Nizamiye Courts Law and Modernity Comparative Legal History 1 285 290 doi 10 5235 2049677X 1 2 285 S2CID 159732453 Wood Leonard G H Islamic Legal Revival Reception of European Law and Transformations in Islamic Legal Thought in Egypt 1875 1952 Oxford Oxford UP 2016 Print Page 35 Rubin Avi Ottoman Nizamiye Courts Law and Modernity New York Palgrave Macmillan 2011 Print Page 78 Epstein Lee O Connor Karen Grub Diana Middle East PDF Legal Traditions and Systems an International Handbook Greenwood Press pp 223 224 Selcuk Aksin Somel Review of Ottoman Nizamiye Courts Law and Modernity PDF Sabanci Universitesi p 2 Rubin Avi Ottoman Nizamiye Courts Law and Modernity New York Palgrave Macmillan 2011 Print Page 63 Findley Carter V Turkey Islam Nationalism and Modernity A History 1789 2007 New Haven CT Yale UP 2010 Print Findley Carter V Turkey Islam Nationalism and Modernity A History 1789 2007 New Haven CT Yale UP 2010 Print Ottoman Nizamiye Courts Law and Modernity Comparative Legal History 1 285 290 doi 10 5235 2049677X 1 2 285 S2CID 159732453 Findley Carter V Turkey Islam Nationalism and Modernity A History 1789 2007 New Haven CT Yale UP 2010 Print Ottoman Nizamiye Courts Law and Modernity Comparative Legal History 1 285 290 doi 10 5235 2049677X 1 2 285 S2CID 159732453 Wood Leonard G H Islamic Legal Revival Reception of European Law and Transformations in Islamic Legal Thought in Egypt 1875 1952 Oxford Oxford UP 2016 Print Page 35 Wood Leonard G H Islamic Legal Revival Reception of European Law and Transformations in Islamic Legal Thought in Egypt 1875 1952 Oxford Oxford UP 2016 Print Page 55 Cleveland William L The Making of an Arab Nationalist Ottomanism and Arabism in the Life and Thought of SatiE Al Husri Princeton NJ Princeton UP 1971 page 13 Rubin Avi Ottoman Nizamiye Courts Law and Modernity New York Palgrave Macmillan 2011 page 117 20 Epstein Lee O Connor Karen Grub Diana Middle East PDF Legal Traditions and Systems an International Handbook Greenwood Press pp 223 224 Ottoman Nizamiye Courts Law and Modernity Comparative Legal History 1 285 290 doi 10 5235 2049677X 1 2 285 S2CID 159732453 Epstein Lee O Connor Karen Grub Diana Middle East PDF Legal Traditions and Systems an International Handbook Greenwood Press pp 223 224 Selcuk Aksin Somel Review of Ottoman Nizamiye Courts Law and Modernity PDF Sabanci Universitesi p 2 Epstein Lee O Connor Karen Grub Diana Middle East PDF Legal Traditions and Systems an International Handbook Greenwood Press pp 223 224 Lee Epstein Karen O Connor Diana Grub Middle East PDF Legal Traditions and Systems an International Handbook Greenwood Press pp 223 224 Ottoman Nizamiye Courts Law and Modernity Comparative Legal History 1 285 290 doi 10 5235 2049677X 1 2 285 S2CID 159732453 Retrieved from https en wikipedia org w index php title Ottoman Nizamiye Courts amp oldid 1192130856, wikipedia, wiki, book, books, library,

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