The comparison between Muhammed Gadri Pasha's (d.1888) al-Ahkām al-shar'iyyah and the Ottoman Law of Family Rights within the framework of nikāh (marriage)

This study is a comparison of the work titled al-Ahkām al-shar'iyyah fī al-ahvāl al-shakhsiyye (AŞ) which was the first attempt to enactment in the field of Islamic family law by Muhammed Qadri Pasha (d.1888), who was known for his work in the field of codification in 19th century Egypt and had important bureaucratic duties, and the Ottoman Law of Family Rights (HAK) dated 1917 which is considered the last link of the codification activities after the Tanzimat in the Ottoman Empire and accepted as the first law text in Islamic family law. Considering that the aforementioned two texts include family law issues, and the contents of the works are comprehensive, the comparison in question has been made on the subject of "marriage" (nikāh). The research consists of two main chapters. In the first chapter, firstly, information was given about the general factors affecting the formation of codification movements in Egypt in the 19th century, the author of AŞ, Muhammed Qadri Pasha and his work. And then the content and features of AŞ which is the subject of the comparison were mentioned. At the end of the chapter, a general comparison of AŞ and HAK was made in terms of the period they were written, method, systematic structure and content. The second chapter, which forms the core of the study, within the framework of the subjects included in the marriage section by Qadrī Pasha, the appropriate articles for comparison in AŞ and HAK were determined in terms of the aforementioned issues and a detailed evaluation of these articles was made. After giving introduction information about the subject in the titles in question, detailed comparison tables were given, and then the comparison and evaluation of the articles in the relevant works were made based on these tables.