Legal discussions in the last period of Ottoman Empire within the framework of Mehmed Said Bey's Ahkâmu'l-Bay' Bi'l-Wafâ

The most parts of Majalla al-Ahkâm al-Adliyye, which is a law book written in the last century of the Ottoman Empire, are about the sections on the law of transactions. One of them is the bay' bi'l-wafâ contract, which has been developed within the Hanafi School of Law. Mehmed Said Bey, one of the jurists of the 19th century, states that there is a contradiction between the articles of bay' bi'l-wafâ mentioned in the Majalla's Ahkâmu'l-bay' bi'l-wafâ part. He explains these articles by evaluating them around the Hanafi School and prefers an opinion regarding their legal consequences. This treatise, which is considered as a critique of Majalla, was examined with respect to criticisms and amendments to Majalla. In addition, a general information about the theory of the bay' bi'l-wafa contract was presented and the opinions about the legal characteristics of the contract were evaluated. Finally, the treatise of the Ahkâmu'l-bey' bi'l-vefâ is analyzed and introduced in respect to the reason for the composition, its structure and sources. Keywords: Bay' bi'l-wafa, Majalla-i Ahkâm-i Adliyye, Mehmed Said Bey, Critique of Majalla