Dârü’l-Funûn Hukuk Fakültesi Müderrisi Mehmed Nesîb Bey’in “Mecelle’nin Islahına Doğru” Makalesinin Hukukî Açıdan Değerlendirmesi

Zeynelabidinzade Abu'l-Fazl Sayyid Mehmed Nesîb Bey, one of the jurists of the Ottoman period, was born in Homs and died in Istanbul. He served many duties such as judge in the courts of the Ottoman Empire, as professor (muderris) in the Faculty of Law of Daru'l-Funun and membership in Daru'l-Hikmeti'l-Islamiye, and in the field of law, he wrote articles such as “the basis of Fiqh hanafi and the Mesail of Muqfah and the Muqtahid Hanafi Kemal Ibn Humam's Galebe-i Gasibda Menafi's Ale'l-itlak Mazmuniye “in the matter of Daman-ı Menfaat (Transactions) and the need for ifta”. Mehmed Nesîb Bey's article “towards the reclamation of Mecelle” was published during 1st year of Mecelle dated on September 1332 Rumi, Zilkaide 1334 Hijri, on Tuesday, September 1916 Miladi (Gregorian Calender) under the section of law Medeniye Tedkikat. The article was written while Mecelle was still in force in the Ottoman Empire. In the article, the transactions issues discussed in Mecelle are partially analyzed, the effect of the customary transactions provisions is emphasized, especially the issues about why Islamic jurists have different opinions about the sale contracts and interest issues are explained together with their evidence.Although the article reveals the need for Mecelle, it also points out the need for lawyers to work on reclamation and maturation on Mecelle. In fact, the article seems to contribute to Mecelle having a more functional structure.The statement will focus on Mehmed Nesîb Bey's explanations for the rehabilitation of Mecelle and their legal value; their contribution to Mecelle will be tried to identified.