MECELLE'DE EŞYA HUKUKU
Journal: Hikmet Yurdu Düşünce Yorum Sosyal Bilimler Araştırma Dergisi (Vol.13, No. 26)Publication Date: 2020-07-01
Authors : Recep ÖZDEMİR;
Page : 121-142
Keywords : Mecelle; Eşya Hukuku; İslâm Hukuku; Aynî Haklar; Rehin; Mecella; Property Law; Islamic Law; Real Rights; Pledge;
Abstract
Mecella is a law made by a commission chaired by Ahmet Cevdet Pasha between 1868-1876. Mecella, which consists of 1851 articles and contains general provisions of debts, goods, trial and procedural law, was applied in Ottoman State and some Arab countries. Mecella, which was accepted as the first codification in the history of Islamic law, contained very general provisions in both public and private law. In the classical literature, the legal provisions which are dealt with in a scattered way by matteristic methods are categorized under various main and sub-headings pointing to the legal systematic in Mecella. In the same way as Mecella, which does not include a sharp distinction between private law and public law, the branches of civil law are not included. The law of property, which is a branch of civil law in modern legal systematics, has been partially discussed in Mecella. In this study, the provisions regarding the law of goods in Mecella will be evaluated.
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