Arbitration in Mecelle

One of the fundamental purposes of law is to regulate relationships among individuals in an orderly manner. Throughout history, it has been customary for people to seek assistance from respected, knowledgeable, and leadership-qualified individuals to resolve disputes they cannot settle through their own efforts. It is evident that individuals attempting to enforce their own rights (ihkak-ı hak) would disrupt peace and harmony within society. Although the primary method for resolving disputes involves appealing to institutions designated by official authorities under the right of sovereignty, resorting to arbitrators is seen as a suitable alternative to reduce the workload of these institutions and save time. Historically, arbitration has been widely accepted and practiced up to the present day. Today, both Islamic and modern legal practitioners strive to ensure a healthy arbitration process by regulating the institution of arbitration with specific conditions and rules. This study aims to first identify the historical background and the role of arbitration as a legal institution in Islamic law. It then examines the regulations within Mecelle-i Ahkam-ı Adliye, the first codification in the field of Islamic law. In the third section, the study aims to ascertain the current state of the arbitration institution within the framework of the Code of Civil Procedure No. 6100, and finally, to identify the differences between the arbitration regulations in Mecelle and those in the current Code of Civil Procedure.