The implementation of rental provisions of Mecelle-i Ahkam-i Adliye in nizamiye courts

Mecelle-i Ahkam-ı Adliye (Mejelle) is a law enacted by the Ottoman Empire in the Tanzimat period, in which some Islamic private law provisions are compiled in line with the views of the Hanafi school. In this study, rental law provisions in Mejelle and their application in nizâmiye courts are examined. Among the provisions of Mejelle's second book titled "Kitâbü'l-İcârât", those that are only within the scope of rental law today have been studied in detail in the thesis by making use of Mecelle annotations. The decisions of the nizâmiye courts regarding the rental law were evaluated separately at the level of court of first instance (bidayet), appeal court (istinaf) and supreme court (temyiz), and it was investigated whether the rent provisions of the Mejelle were applied, if they were implemented what is their scopes, how they were included in the judgment and how effective they were. Accordingly, it has been seen that the court that directed the implementation of the Mejelle was the Supreme Court (Mahkeme-i Temyiz). In the application of the provisions of the Mejelle, this Court did not only eliminate the differences of opinion between the court of first instance and appeal court, but also it determined the area of application of the provisions. Supreme Court expanded the application area of Mejelle by making use of other sources of law such as custom and qiyas.