Chapter 142 How to Implement the New Law? (Two in One)

The wedding banquet in Constantinie lasted for seven days, and these seven days were not just for eating.

If the first day was a representative political activity, it was a meeting of big men to decide how to deal with the problems of the Arabian Peninsula and the Great Expedition.

The second and third days were to promote conversion. First, the impact of Anna's conversion as the daughter of the Orthodox Patriarch was further expanded to attract Orthodox Christians to convert.

Secondly, the influence of Topkapi Palace and the high gates was used to pull away male Muslim elders and ulema from each family, creating more time for female Muslims to spend with female Orthodox Christians, so as to widen the cracks in the conservative Islam.

The fourth and fifth days were the awarding ceremony, for example, Suleiman received the title of Royal Stables on this day.

The sixth and seventh days were to promote the new law, which was also the most troublesome part for Selim. The reason why the new law was not given when the "Royal Edict" was issued in January was because he was afraid of religious forces.

This cannot be solved by simply copying homework, because the Ottoman Empire is the Ottoman Empire and Turkey is Turkey.

Two regimes with different national conditions cannot copy at all.

Although Turkey is a Muslim country in later generations, its legal system and system are completely different from those of other Muslim countries due to its geographical location and early absorption of advanced Western legal systems.

Serbia the Great even dared to say that the Turkish legal system is unique in the world.

The reason why it is unique is that its history, religion, and culture are between tradition and modernity.

The advancement and applicability of the legal system must be coordinated with the politics, economy, and culture of a country.

The difference of the Turkish legal system is reflected in these parts.

Take Turkey's unremitting efforts to join a European organization as an example.

During this period, it can be clearly felt that religion, morality, culture, and law all aspects conflict with the European lifestyle, and these conflicts are more noticeable than before.

The intersection and conflict of Eastern and Western cultures are reflected in all aspects of Turkey.

Whether it is politics, economy, history, culture, or law, they all confirm this.

Turkey is not only located in Europe and Asia, but also, in the thousands of years of history of the Turkish people migrating from central Asia to the Eurasian continent, it has been constantly impacted and integrated by the cultures and religious thoughts of various Chinese and Western nations.

Turkey's current location and situation determine its particularity.

Although it cannot be copied directly, the legal model of later Turkey is still worth learning from.

First of all, it should be noted that Turkey is an Asian country located in Europe and Asia, with most of its territory in Asia Minor. Its territory is 780,000 square kilometers, and more than 90% of the population are Muslims.

In this case, Islamic principles occupy an absolutely important position in people's daily lives.

For them, Islamic doctrines were not only a religious doctrine a long time ago, but also used as a legal system.

While accepting Islam, the Turks also slowly accepted it as a law in nearly 400 years of history. Here we have to mention the Ottoman Empire where Serbia the Great is now.

As an Islamic country, the Ottoman Empire took Islam as its state religion and applied Islamic law in a large area.

Since the middle of the 9th century, as Turkey entered the Arab Islamic world and began to settle, accepting Islamic law has become inevitable.

Kemal cannot erase the legacy of six hundred years. Today, the Egyptian Sultan can always sit on the Diaoyutai, which is the best portrayal of the influence of religion on the Turks, and this is precisely the legacy of the Ottoman Empire.

Before crossing, Emperor Serbia would also laugh at the fact that Turkey likes to recognize wild fathers. After all, there are more than a dozen fathers at the beginning, just like announcing the names of dishes, and it makes people want to laugh.

Perhaps other fathers can be said to be wild fathers, but the Ottoman Empire is different for Turkey.

In modern times, the Balkan peoples or all the peoples who were originally under the rule of the Ottoman Empire and finally became independent are actually a new product.

Regardless of whether this nation existed before being conquered, its national identity was severely damaged during the long rule of the Ottoman Empire.

Almost all the peoples under the rule of the Ottoman Empire, their independence process can be regarded as a process of national reconstruction.

The most special among them are the Turks. They say they are independent, but they don’t seem to want to forget their inheritance.

This is because their connection with the Ottoman Empire is deeper than that of any other country.

This is also reflected in the law.

Before Kemal established the Republic of Turkey in Anatolia, the legal and administrative structure of the Ottoman Empire had a subtle influence on the roots of Turkish law today.

Therefore, the legal structure of the Ottoman period is the most important model for today's Turkish legal professionals.

The laws of this land were almost purely Islamic until the end of the Ottoman period, and they hardly changed in the process of more than 600 years.

It can be said that for the Ottoman Empire, Persian and Qutuju (avoiding trouble, knowing everything) in bureaucracy were their living languages, but Arabic was their legal trial language.

The source of Islamic law is the Quran, which regulates all aspects of people's lives. At that time, all laws were regulated in accordance with the Quran and the Islamic code.

The roots of Islamic law consist of four parts: the Qur’an (kur’an), the Sana (Sünnet), the words of praise (cma), and personal opinions and views (tihat).

Of these four components, the first two are indisputable.

Islamic law is divided into two types: administrative law and special law. Administrative law not only regulates the model and norms of religious affairs, religious hierarchy, and tax collection, but also classifies criminal regulations within the scope of administrative law.

It stipulates the punishments for revenge, injury, and adultery and beating, theft, robbery, change of faith, rebellion and rebellion; and stipulates judicial institutions, trial methods and litigation procedures.

In this part, there are very detailed and severe regulations on the punishment of adultery and change of faith. Special laws stipulate: free men, slaves, families, inheritance, Islamic religious funds, debts and distributions, ownership in Islamic law, etc.

Under the influence of Sharia, compare the previous Islamic feudal dynasty-the Seljuk Dynasty.

It can be seen that the legal structure of the Ottoman Empire is only more detailed than the legal system of the Seljuk Dynasty, but in principle they are the same.

This legal structure slowly disappeared from the founding of the country to the history of hundreds of years, and its authority was only retained in the ruling center.

There are many internal and external reasons for the Ottoman Empire to embark on the road to extinction.

In terms of internal reasons, Serbia can boldly say: "Law is the most important factor."

By the 19th century, European powers had completely divided up the territories of Asia and Africa, and they immediately turned to those empires that seemed powerful.

In the West, this country is the Ottoman Empire, and in the East, this country is the Qing Dynasty.

Driven by the wave of European colonization, large-scale industry emerged and the world market began to take shape. In this way, the process of globalization began, and the first wave of the Ottoman Empire, which was close to Europe, benefited not from technological upgrades, but from conflicts of ideas.

In this context, Western law has had a significant impact on the laws of Islamic countries, especially the development of Islamic law.

With the establishment and consolidation of the European colonial system, the Western legal system has become increasingly influential through unequal treaties such as extraterritoriality, which has strongly impacted traditional Islamic law.

Under the situation of internal and external difficulties, after the reform of Selim III, the original owner of the body of the great emperor, who wanted to end this hopeless situation, failed.

After witnessing the decline of the empire and the decline of the sultan's authority, Mahmud II also took this brave step and worked hard to reform and update the country's legal structure.

From the end of the 18th century, the Ottoman Empire was forced to carry out some important reforms, and it was at this time that the influence of the West gradually entered Turkey.

After 1839, Turkish law became more open to the West.

So far, the Turkish legal system has also entered a situation where Turkish law is an integral part of Western law. (A bit awkward)

In terms of legal reform, the most prosperous period was the Tanzimat Reform jointly initiated by Abdullah-Mejid I, the son of Mahmud II, and Mustafa Reshid Pasha, the then Grand Vizier.

During this period, the Ottoman Empire mainly imitated French law. The Grand Council promulgated the Commercial Code, the Criminal Code, and the Maritime Code, and promulgated the first Constitution in the history of the empire in 1876.

But this caused a problem, namely the conflict between religious law and national law.

Since 1840, Islamic law and Western secular law coexisted in the Ottoman Empire, and there was a dual judicial system, namely the Sharia Court dominated by the Ulema and the secular court.

With the further deterioration of the situation and the further need for reform, the former's authority gradually narrowed, and the latter gradually occupied the dominant position.

While introducing Western law, the Ottoman Empire also codified traditional Islamic law rules in the form of Western national codes, and its product was the Mayala, which is a compilation of civil laws.

This legal compilation is the first attempt in the history of Islamic law for the government to compile and promulgate Islamic law rules.

It is also the government's initial exploration of trying to systematize, clarify and modernize traditional laws through the form of codification.

This way of legal modernization has had a lasting impact on the future. The modernization of traditional marriage, family and inheritance laws in Middle Eastern Islamic countries has always adopted this method.

Turkey is an Islamic country at the forefront of the transition to modern Western democratic politics in the Middle East.

After the founding of the country, Turkey under Kemal abolished the caliphate system that had been in place for more than 1,200 years and established a policy of separation of religion and politics.

And successively promulgated the Civil Code, Civil Procedure Law, Criminal Law, Maritime Law, etc.

However, before this series of policies were introduced, it was Kemal's prestige accumulated in the Garibaldi Campaign that provided the guarantee.

After Kemal drove away the invaders in Istanbul on March 16, 1920, he established the Grand National Assembly in Ankara on April 23, 1920. The first decision he made was that Istanbul was not suitable for a ruling place, which announced the demise of a government and the establishment of a new government.

In 1921, with the establishment of the first constitution of the Republic: the principle of "a non-aligned state under sovereignty", a major change was made to the political, administrative rules and practices that had been applied in sovereignty for thousands of years.

In 1923, before the establishment of the Republic, a series of legal revision committees were established with the purpose of reforming the laws that had previously come into effect: the Civil Law, the Procedural Law, the Trade Law, the Trial Procedure, and the Criminal Law Revision Committee.

The key point is that the Civil Law Revision Committee was divided into two parts at that time.

The first part was mainly family law. In their draft amendments, religious legal theories in individuals and families were stipulated, regardless of whether they were Muslims or not.

The second part stipulated other legal systems and trial rights.

This draft established a new and modern legal system based on national needs.

This was a brand new law under the influence of the Ottoman Empire's laws rather than under the framework.

When the "Draft Civil Code" was completed, the President of the Republic, Mustafa Kemal, announced the adoption of the new civil code on November 5, 1925.

In this way, equality for all, a goal that people have long pursued, was achieved. From then on, the history of equality of all people and equality of men and women among Turkish citizens, regardless of gender, nationality, and religion, began.

After the Civil Code and the Debt Law were transferred from the Swiss Law, the transfer of other basic laws also began.

After the laws related to Western European countries were translated one by one, they came into effect.

The legal system theory of the Republic of Turkey also entered the category of the continental law system. In this way, from the Ottoman period to the present, a "closely linked to the needs of the times" or "the most modern legal system together with modern laws" was realized in just three years with the efforts of Turkish legal workers.

At that time, Turkey faced serious threats after the disintegration of the Ottoman Empire, which is not comparable to the so-called Greater Ottomanism that the Egyptian Sultan dares to vaguely promote everywhere today.

At that time, Turkey was threatened by the Balkan countries outside, and the old forces of the Ottoman Empire were shaken inside, and there were serious national separatist tendencies in the country.

Therefore, the contradiction between the old laws and Western laws was treated by Turkish legal professionals at that time with radical views and a reform attitude.

From the above, it is not difficult to see that Turkey's legal system is a continental law system.

However, in the history of Turkey, such countries have long practiced Islamic law, but in the reforms since modern times, they have completely abandoned Islamic law and replaced it with Western law.

Although the legal systems of such countries have introduced modern Western laws, most Muslims in the country still identify with traditional legal culture, which has led to conflicts between legal systems and legal culture, and has become a huge obstacle to legal modernization.

At that time, under pressure from both home and abroad, and with Kemal as their leader, the Turks were naturally able to accept it.

But the situation faced by Emperor Serbia was not like this. He was not Kemal, and the environment in which the Ottoman Empire was located was not the later Turkey. He could not promote such a big change.

What is the legal propaganda this time?

Of course, it is not the so-called legal modernization, but a partial change made on the legal basis based on the framework of Sharia law. He got the permission of the Grand Mufti because the other party also felt that change was needed.

But whether it can be recognized by ordinary Muslims is not certain. This is also the reason why Emperor Serbia held a wedding banquet for seven days, to provide a place to preach the law, otherwise Emperor Serbia really has a lot of money.

Thanks to Siemens Blowing Snow, Cao Tingbai and book friends for their monthly tickets.