Repost: I know that the Ottoman Empire tried to codify Sharia into a secular western-style body of law called the Mecelle. Why was the Mecelle not adopted throughout the Muslim world and were there efforts similar to the Mecelle?

by Vambrosek

EDIT - Wow, this went way better than the first time. Great posts. Keep 'em coming! I'm particularly interested in why the Mecelle failed to secularize law in the Muslim world.

CheekyGeth

The Mecelle was adopted throughout the Muslim World. It forms the basis of the legal systems of the Gulf states (except Saudi Arabia.) and was used in most of the Muslim states in the region until surprisingly late, when it became outdated, and even then, most of the Arab nations were at the very least influenced by it, Shariah isn't as static as one might think, it just isn't as progressive as the West. Turkey got rid of it in the late 20s during all the upheaval following the revolution, It stuck around in Syria and Iraq until the 50's I think, and Palestine/Israel still used it until 1984. It wasn't abandoned because people didn't appreciate it, it was widely looked up to for a long time, it just became outdated by the 20th century and the rise of pan-Arabism and republicanism and the general social upheaval of the mid 20th century in the Middle-East.

ursa-minor-88

Jordan and Kuwait still use the Mecelle.

Israel used the Mecelle until 1984; Iraq, 1953; Syria, 1949; and Turkey, Albania, and Lebanon made use of it until the mid to late interwar period. Morocco, Tunisia, Pakistan, Egypt, and others use law codes of a similar nature.

Some sources to get you started on further reading:

  1. Development of the Law in Israel - The First 50 Years

  2. Consolidation, Reform, and the Current Status of Islamic Law

  3. Authority within Islam

PIRANHAS_EVERYWHERE

Before answering your question, I think it may behoove one to know a few details regarding Mecelle.

The word 'Mecelle' itself is an anglicized version of the Arabic مجلۀ احکام عدلیه, which translates (roughly) to "provisions of judiciary law". Mecelle encompasses the judiciary aspect of a more broad set of socio-legal reforms included in the Gülhane Decree. Implemented in full as part of the 1856 Treaty of Paris, Mecelle was intended to make non-Muslims more equal to Muslims in the eyes of Ottoman law. Mecelle encompassed the principles of Hanafi, the most moderate of the five major Sunni Islamic schools of law (Madhabs). Now, on to your questions:

Why was the Mecelle not adopted throughout the Muslim world?

First of all, the notion that Mecelle was the Ottomans' attempt to "codify Sharia" is slightly misleading. Mecelle was an attempt to put into legal practice the moderate civil laws that were influenced mainly by the most centrist of Sunni Madhhabs. However, you are correct in that Mecelle was a more westernized take on Hanafi principles, which greatly influenced the reluctance of Muslim rulers during the decline of the Ottoman Empire to implement them.

In short, the obstinance of local Muslim rulers in Greece and in the Balkans, combined with the general bleak outlook of the Ottoman Empire's, eventually led to the rebellion of their respective populations, who had been promised equality in both civil and penal law. Greece was the first to rebel in the early 1820's, followed several decades later by Serbia/Montenegro, Romania, and Bulgaria, among others. To your next question:

Were there efforts similar to the Mecelle?

On a social level, no.

While there were reformations attempted prior to the Tanzimât era of the 19th century, they mainly centered on military changes, such as the attempted modernization of the Ottoman army made by Selim III, toward the latter end of the 18th century. Some of these efforts succeeded, while most were hampered if not quelled completely by religious authorities on the grounds of theodicy. It is worth noting, however, that Jordan, Lebanon, and Kuwait have remained relatively secular throughout the ~1.5 centuries since Mecelle was implemented, and have more or less retained Mecelle as a framework for their respective civil justice systems.

While my post was quite long, it still only provides a cursory understanding of the aforementioned ideologies and the macro-level events that they influenced. The Ottoman Empire was vast and diverse not only in landmass but in cultures, so to say that 'x' event was caused/influenced by solely 'y' thing often is to misrepresent the situation.

However, if you'd like to read further into the subject, I suggest taking a look at The Economic and Social History of the Ottoman Empire, Volumes I and II by Inalcık and Quataert, along with The proposed political, legal and social reforms in the Ottoman Empire and other Mohammadan states by Mouvali Chiragh Ali, both of which delve further into Tanzimat and how it influenced the decline of the Ottoman Empire. You will, however, have to use a library to check out the books or download an ebook version.

Anyway, to give a TL;DR: The fact that the Muslim world didn't respond well to Mecelle is owed largely to the fact that Mecelle was viewed by Ottoman-Muslim rulers as a western bastardization of Muslim principles. This viewpoint doesn't come as a surprise considering the Ottoman Empire was vastly declining at the time of Mecelle's proposal. Mecelle lives on today in already-moderate countries such as Jordan and Kuwait. Also, if it wasn't obvious, I'm a first-time answer-er on /r/AskHistorians so any critique is appreciated.

trlababalan

and were there efforts similar to Mecelle?

Perhaps this may be what you are asking. Austria-Hungary developed the most westernized version of Sharia law in the Condominium of Bosnia and Herzegovina and even established Islamic School of Law in Sarajevo in 1887.

http://ww1.habsburger.net/en/chapters/sharia-under-double-eagle-austria-hungary-and-bosnian-muslims

HippityLongEars

Followup question: This statement (see the source) seems weirdly specific:

#1685. In civil cases, evidence is only valid when given by two males, or one male and two females: but in places where males cannot be possessed of necessary information, the evidence of females alone will be accepted in respect to property.

Was this kind of division between men and women vis a vis giving evidence common in the time period in other places as well, or is this a quirk of one specific legal system?