THE HISTORICAL DEVELOPMENT OF THE LEGAL SYSTEMS OF THE NEAR EAST AND AFRICA AFRICA Former British Africa. . . . . . . . . . . . Peter C. Schanck Former French Africa. . . . . . . . . . . . Kemal A. Vokopola NEAR EAST Arabic-speaking countries. . . . . . . Zuhair E. Jwaideh Turkey. . . . . . . . . . . . . . . . . . . . . . . . . . Edward S. Sourian THE HISTORICAL DEVELOPMENT OF THE LEGAL SYSTEMS OF THE NEAR EAST AND AFRICA AFRICA Former British Africa. . . . . . . . . . . . Peter C. Schanck Former French Africa. . . . . . . . . . . . Kemal A. Vokopola NEAR EAST Arabic-speaking countries. . . . . . . Zuhair E. Jwaideh Turkey. . . . . . . . . . . . . . . . . . . . . . . . . . Edward S. Sourian THE HISTORICAL DEVELOPMENT OF THE LEGAL SYSTEMS OF THE NEAR EAST AND AFRICA AFRICA Former British Africa. . . . . . . . . . . . Peter C. Schanck Former French Africa. . . . . . . . . . . . Kemal A. Vokopola NEAR EAST Arabic-speaking countries. . . . . . . Zuhair E. Jwaideh Turkey. . . . . . . . . . . . . . . . . . . . . . . . . . Edward S. Sourian THE HISTORICAL DEVELOPMENT OF THE LEGAL SYSTEMS OF THE NEAR EAST AND AFRICA AFRICA Former British Africa. . . . . . . . . . . . Peter C. Schanck Former French Africa. . . . . . . . . . . . Kemal A. Vokopola NEAR EAST Arabic-speaking countries. . . . . . . Zuhair E. Jwaideh Turkey. . . . . . . . . . . . . . . . . . . . . . . . . . Edward S. Sourian THE HISTORICAL DEVELOPMENT OF THE LEGAL SYSTEMS OF THE NEAR EAST AND AFRICA AFRICA Former British Africa. . . . . . . . . . . . Peter C. Schanck Former French Africa. . . . . . . . . . . . Kemal A. Vokopola NEAR EAST Arabic-speaking countries. . . . . . . Zuhair E. Jwaideh Turkey. . . . . . . . . . . . . . . . . . . . . . . . . . Edward S. Sourian AFRICA FORMER BRITISH AFRICA The Pre-colonial Period Prior to the advent of British colonial rule the political and social structure of any given African society took one of two general forms: the highly centralized, relatively advanced chieftaincy arrangement or the more rudimentary, acephalous pattern. The first form contained within its framework a surprisingly sophisticated, complex and well organized legal order, while the latter comprised a comparatively primitive system of simple legal strictures and informal judicial institutions. AFRICA FORMER BRITISH AFRICA The Pre-colonial Period Prior to the advent of British colonial rule the political and social structure of any given African society took one of two general forms: the highly centralized, relatively advanced chieftaincy arrangement or the more rudimentary, acephalous pattern. The first form contained within its framework a surprisingly sophisticated, complex and well organized legal order, while the latter comprised a comparatively primitive system of simple legal strictures and informal judicial institutions. AFRICA FORMER BRITISH AFRICA The Pre-colonial Period Prior to the advent of British colonial rule the political and social structure of any given African society took one of two general forms: the highly centralized, relatively advanced chieftaincy arrangement or the more rudimentary, acephalous pattern. The first form contained within its framework a surprisingly sophisticated, complex and well organized legal order, while the latter comprised a comparatively primitive system of simple legal strictures and informal judicial institutions. AFRICA FORMER BRITISH AFRICA The Pre-colonial Period Prior to the advent of British colonial rule the political and social structure of any given African society took one of two general forms: the highly centralized, relatively advanced chieftaincy arrangement or the more rudimentary, acephalous pattern. The first form contained within its framework a surprisingly sophisticated, complex and well organized legal order, while the latter comprised a comparatively primitive system of simple legal strictures and informal judicial institutions. AFRICA FORMER BRITISH AFRICA The Pre-colonial Period Prior to the advent of British colonial rule the political and social structure of any given African society took one of two general forms: the highly centralized, relatively advanced chieftaincy arrangement or the more rudimentary, acephalous pattern. The first form contained within its framework a surprisingly sophisticated, complex and well organized legal order, while the latter comprised a comparatively primitive system of simple legal strictures and informal judicial institutions. -2- Even within these two categories wide diversity manifested itself between the laws of various tribes; African law as a distinct, homogenous body of law was nonexistent. Even so, certain characteristics were common among the multi-various legal orders. One of the most apparent characteristics was the flexibility of customary law in adapting to changes in the social and political conditions and to the unique circumstances of each case confronting it. Tradition, while essential to the preservation of native societies, only provided a framework within which particular legal norms were created, modified, or dissolved. Contributing to the pliable nature of customary law was a fundamental vagueness, perhaps an inevitable feature of any unwritten legal system. Without the assistance of recorded laws and decisions, native authorities and tribunals were often prone to differ widely in their interpretations and recollections of the law applying to similar circumstances.-2- Even within these two categories wide diversity manifested itself between the laws of various tribes; African law as a distinct, homogenous body of law was nonexistent. Even so, certain characteristics were common among the multi-various legal orders. One of the most apparent characteristics was the flexibility of customary law in adapting to changes in the social and political conditions and to the unique circumstances of each case confronting it. Tradition, while essential to the preservation of native societies, only provided a framework within which particular legal norms were created, modified, or dissolved. Contributing to the pliable nature of customary law was a fundamental vagueness, perhaps an inevitable feature of any unwritten legal system. Without the assistance of recorded laws and decisions, native authorities and tribunals were often prone to differ widely in their interpretations and recollections of the law applying to similar circumstances.-2- Even within these two categories wide diversity manifested itself between the laws of various tribes; African law as a distinct, homogenous body of law was nonexistent. Even so, certain characteristics were common among the multi-various legal orders. One of the most apparent characteristics was the flexibility of customary law in adapting to changes in the social and political conditions and to the unique circumstances of each case confronting it. Tradition, while essential to the preservation of native societies, only provided a framework within which particular legal norms were created, modified, or dissolved. Contributing to the pliable nature of customary law was a fundamental vagueness, perhaps an inevitable feature of any unwritten legal system. Without the assistance of recorded laws and decisions, native authorities and tribunals were often prone to differ widely in their interpretations and recollections of the law applying to similar circumstances.-2- Even within these two categories wide diversity manifested itself between the laws of various tribes; African law as a distinct, homogenous body of law was nonexistent. Even so, certain characteristics were common among the multi-various legal orders. One of the most apparent characteristics was the flexibility of customary law in adapting to changes in the social and political conditions and to the unique circumstances of each case confronting it. Tradition, while essential to the preservation of native societies, only provided a framework within which particular legal norms were created, modified, or dissolved. Contributing to the pliable nature of customary law was a fundamental vagueness, perhaps an inevitable feature of any unwritten legal system. Without the assistance of recorded laws and decisions, native authorities and tribunals were often prone to differ widely in their interpretations and recollections of the law applying to similar circumstances.-2- Even within these two categories wide diversity manifested itself between the laws of various tribes; African law as a distinct, homogenous body of law was nonexistent. Even so, certain characteristics were common among the multi-various legal orders. One of the most apparent characteristics was the flexibility of customary law in adapting to changes in the social and political conditions and to the unique circumstances of each case confronting it. Tradition, while essential to the preservation of native societies, only provided a framework within which particular legal norms were created, modified, or dissolved. Contributing to the pliable nature of customary law was a fundamental vagueness, perhaps an inevitable feature of any unwritten legal system. Without the assistance of recorded laws and decisions, native authorities and tribunals were often prone to differ widely in their interpretations and recollections of the law applying to similar circumstances.-3- The nearly unanimous popularity of indigenous law with those subject to its jurisdiction constituted a more basic characteristic. The fact that law was intertwined with the entire fabric of native life and that this fabric generally functioned in response to the felt needs of the people invariably meant that the law received their willing consent. One of the most striking attributes of the African judicial system was its full integration with the executive function. An independent judiciary was virtually unknown in precolonial Africa. Within the context of this dual capacity, tribal courts consisted of two basic types: those with autonomous authority, having the power to summons, investigate, render decisions and enforce their own judgments; and arbitral courts based on persuasion and the consent of the litigants. Those who wish to pursue the study of customary law in depth will likely find that Taslim Olawale Elias' The Nature of African Customary Law (Manchester, 1956) remains, a decade after its publication, the pre-eminent general contribution in this field, and applies to the colonial, as well as pre-colonial, era. -3- The nearly unanimous popularity of indigenous law with those subject to its jurisdiction constituted a more basic characteristic. The fact that law was intertwined with the entire fabric of native life and that this fabric generally functioned in response to the felt needs of the people invariably meant that the law received their willing consent. One of the most striking attributes of the African judicial system was its full integration with the executive function. An independent judiciary was virtually unknown in precolonial Africa. Within the context of this dual capacity, tribal courts consisted of two basic types: those with autonomous authority, having the power to summons, investigate, render decisions and enforce their own judgments; and arbitral courts based on persuasion and the consent of the litigants. Those who wish to pursue the study of customary law in depth will likely find that Taslim Olawale Elias' The Nature of African Customary Law (Manchester, 1956) remains, a decade after its publication, the pre-eminent general contribution in this field, and applies to the colonial, as well as pre-colonial, era. -3- The nearly unanimous popularity of indigenous law with those subject to its jurisdiction constituted a more basic characteristic. The fact that law was intertwined with the entire fabric of native life and that this fabric generally functioned in response to the felt needs of the people invariably meant that the law received their willing consent. One of the most striking attributes of the African judicial system was its full integration with the executive function. An independent judiciary was virtually unknown in precolonial Africa. Within the context of this dual capacity, tribal courts consisted of two basic types: those with autonomous authority, having the power to summons, investigate, render decisions and enforce their own judgments; and arbitral courts based on persuasion and the consent of the litigants. Those who wish to pursue the study of customary law in depth will likely find that Taslim Olawale Elias' The Nature of African Customary Law (Manchester, 1956) remains, a decade after its publication, the pre-eminent general contribution in this field, and applies to the colonial, as well as pre-colonial, era. -3- The nearly unanimous popularity of indigenous law with those subject to its jurisdiction constituted a more basic characteristic. The fact that law was intertwined with the entire fabric of native life and that this fabric generally functioned in response to the felt needs of the people invariably meant that the law received their willing consent. One of the most striking attributes of the African judicial system was its full integration with the executive function. An independent judiciary was virtually unknown in precolonial Africa. Within the context of this dual capacity, tribal courts consisted of two basic types: those with autonomous authority, having the power to summons, investigate, render decisions and enforce their own judgments; and arbitral courts based on persuasion and the consent of the litigants. Those who wish to pursue the study of customary law in depth will likely find that Taslim Olawale Elias' The Nature of African Customary Law (Manchester, 1956) remains, a decade after its publication, the pre-eminent general contribution in this field, and applies to the colonial, as well as pre-colonial, era. -3- The nearly unanimous popularity of indigenous law with those subject to its jurisdiction constituted a more basic characteristic. The fact that law was intertwined with the entire fabric of native life and that this fabric generally functioned in response to the felt needs of the people invariably meant that the law received their willing consent. One of the most striking attributes of the African judicial system was its full integration with the executive function. An independent judiciary was virtually unknown in precolonial Africa. Within the context of this dual capacity, tribal courts consisted of two basic types: those with autonomous authority, having the power to summons, investigate, render decisions and enforce their own judgments; and arbitral courts based on persuasion and the consent of the litigants. Those who wish to pursue the study of customary law in depth will likely find that Taslim Olawale Elias' The Nature of African Customary Law (Manchester, 1956) remains, a decade after its publication, the pre-eminent general contribution in this field, and applies to the colonial, as well as pre-colonial, era. -4- The Colonial Period Europeans first settled in Africa in the sixteenth century along the West coast in well fortified enclaves, but only in the latter half of the nineteenth century did they penetrate the interiors to establish colonies. During that century and into the twentieth the British introduced their own system of law as the general law of their colonies. -4- The Colonial Period Europeans first settled in Africa in the sixteenth century along the West coast in well fortified enclaves, but only in the latter half of the nineteenth century did they penetrate the interiors to establish colonies. During that century and into the twentieth the British introduced their own system of law as the general law of their colonies. -4- The Colonial Period Europeans first settled in Africa in the sixteenth century along the West coast in well fortified enclaves, but only in the latter half of the nineteenth century did they penetrate the interiors to establish colonies. During that century and into the twentieth the British introduced their own system of law as the general law of their colonies. -4- The Colonial Period Europeans first settled in Africa in the sixteenth century along the West coast in well fortified enclaves, but only in the latter half of the nineteenth century did they penetrate the interiors to establish colonies. During that century and into the twentieth the British introduced their own system of law as the general law of their colonies. -4- The Colonial Period Europeans first settled in Africa in the sixteenth century along the West coast in well fortified enclaves, but only in the latter half of the nineteenth century did they penetrate the interiors to establish colonies. During that century and into the twentieth the British introduced their own system of law as the general law of their colonies. -5- In most cases British law was received in the colonies under the traditional English policy which held that when its subjects emigrate to conquered or ceded territories, they carry with them such portions of the English law as the Crown should declare. This is in contrast to settlement in unoccupied areas where they were allowed to carry with them such portions as were suitable to their conditions. In practice the results of the two processes were substantially alike. The English law received in most colonies consisted of the common law, doctrines of equity and statutes of general application in force at the date of reception, regardless of the mode of introduction. Once the law was received colonial legislatures had broad powers to modify or amend the basic British law. In addition, most colonies were granted statutory provisions permitting either the exclusion of British law "manifestly inapplicable to the circumstances of the settlement" or the application of English law only "insofar as reasonably applicably to local conditions." Nonetheless distinct advantages accrued to the colonists from such broad conferment of English law, the most important being the creation of a residual law to apply in the absence of local law or to clarify ambiguities in that law.-5- In most cases British law was received in the colonies under the traditional English policy which held that when its subjects emigrate to conquered or ceded territories, they carry with them such portions of the English law as the Crown should declare. This is in contrast to settlement in unoccupied areas where they were allowed to carry with them such portions as were suitable to their conditions. In practice the results of the two processes were substantially alike. The English law received in most colonies consisted of the common law, doctrines of equity and statutes of general application in force at the date of reception, regardless of the mode of introduction. Once the law was received colonial legislatures had broad powers to modify or amend the basic British law. In addition, most colonies were granted statutory provisions permitting either the exclusion of British law "manifestly inapplicable to the circumstances of the settlement" or the application of English law only "insofar as reasonably applicably to local conditions." Nonetheless distinct advantages accrued to the colonists from such broad conferment of English law, the most important being the creation of a residual law to apply in the absence of local law or to clarify ambiguities in that law.-5- In most cases British law was received in the colonies under the traditional English policy which held that when its subjects emigrate to conquered or ceded territories, they carry with them such portions of the English law as the Crown should declare. This is in contrast to settlement in unoccupied areas where they were allowed to carry with them such portions as were suitable to their conditions. In practice the results of the two processes were substantially alike. The English law received in most colonies consisted of the common law, doctrines of equity and statutes of general application in force at the date of reception, regardless of the mode of introduction. Once the law was received colonial legislatures had broad powers to modify or amend the basic British law. In addition, most colonies were granted statutory provisions permitting either the exclusion of British law "manifestly inapplicable to the circumstances of the settlement" or the application of English law only "insofar as reasonably applicably to local conditions." Nonetheless distinct advantages accrued to the colonists from such broad conferment of English law, the most important being the creation of a residual law to apply in the absence of local law or to clarify ambiguities in that law.-5- In most cases British law was received in the colonies under the traditional English policy which held that when its subjects emigrate to conquered or ceded territories, they carry with them such portions of the English law as the Crown should declare. This is in contrast to settlement in unoccupied areas where they were allowed to carry with them such portions as were suitable to their conditions. In practice the results of the two processes were substantially alike. The English law received in most colonies consisted of the common law, doctrines of equity and statutes of general application in force at the date of reception, regardless of the mode of introduction. Once the law was received colonial legislatures had broad powers to modify or amend the basic British law. In addition, most colonies were granted statutory provisions permitting either the exclusion of British law "manifestly inapplicable to the circumstances of the settlement" or the application of English law only "insofar as reasonably applicably to local conditions." Nonetheless distinct advantages accrued to the colonists from such broad conferment of English law, the most important being the creation of a residual law to apply in the absence of local law or to clarify ambiguities in that law.-5- In most cases British law was received in the colonies under the traditional English policy which held that when its subjects emigrate to conquered or ceded territories, they carry with them such portions of the English law as the Crown should declare. This is in contrast to settlement in unoccupied areas where they were allowed to carry with them such portions as were suitable to their conditions. In practice the results of the two processes were substantially alike. The English law received in most colonies consisted of the common law, doctrines of equity and statutes of general application in force at the date of reception, regardless of the mode of introduction. Once the law was received colonial legislatures had broad powers to modify or amend the basic British law. In addition, most colonies were granted statutory provisions permitting either the exclusion of British law "manifestly inapplicable to the circumstances of the settlement" or the application of English law only "insofar as reasonably applicably to local conditions." Nonetheless distinct advantages accrued to the colonists from such broad conferment of English law, the most important being the creation of a residual law to apply in the absence of local law or to clarify ambiguities in that law.-6- Only in South Africa and the adjoining High Commission Territories did the British permit another system of law to govern as the general law of the territory. Since the Dutch had settled in those areas prior to British colonization, Roman-Dutch civil law was thriving when the English arrived. Although British influences upon the law have been prominent, Roman-Dutch remained the general law after British colonization. This was, in effect, only application of the English colonial policy that the established population of a ceded or conquered territory should continue to be governed by its own law. However, in this instance the local laws were extended to cover the English colonists as well.-6- Only in South Africa and the adjoining High Commission Territories did the British permit another system of law to govern as the general law of the territory. Since the Dutch had settled in those areas prior to British colonization, Roman-Dutch civil law was thriving when the English arrived. Although British influences upon the law have been prominent, Roman-Dutch remained the general law after British colonization. This was, in effect, only application of the English colonial policy that the established population of a ceded or conquered territory should continue to be governed by its own law. However, in this instance the local laws were extended to cover the English colonists as well.-6- Only in South Africa and the adjoining High Commission Territories did the British permit another system of law to govern as the general law of the territory. Since the Dutch had settled in those areas prior to British colonization, Roman-Dutch civil law was thriving when the English arrived. Although British influences upon the law have been prominent, Roman-Dutch remained the general law after British colonization. This was, in effect, only application of the English colonial policy that the established population of a ceded or conquered territory should continue to be governed by its own law. However, in this instance the local laws were extended to cover the English colonists as well.-6- Only in South Africa and the adjoining High Commission Territories did the British permit another system of law to govern as the general law of the territory. Since the Dutch had settled in those areas prior to British colonization, Roman-Dutch civil law was thriving when the English arrived. Although British influences upon the law have been prominent, Roman-Dutch remained the general law after British colonization. This was, in effect, only application of the English colonial policy that the established population of a ceded or conquered territory should continue to be governed by its own law. However, in this instance the local laws were extended to cover the English colonists as well.-6- Only in South Africa and the adjoining High Commission Territories did the British permit another system of law to govern as the general law of the territory. Since the Dutch had settled in those areas prior to British colonization, Roman-Dutch civil law was thriving when the English arrived. Although British influences upon the law have been prominent, Roman-Dutch remained the general law after British colonization. This was, in effect, only application of the English colonial policy that the established population of a ceded or conquered territory should continue to be governed by its own law. However, in this instance the local laws were extended to cover the English colonists as well.-7- While the English, with the understandable assent of their colonists were determined that their law should predominate within most settlements, they were equally anxious to avoid interference with the customary laws of the local inhabitants. These laws were linked to deeply engrained religious tradition and any attempt to tamper with them would have invariably produced resentment. Furthermore, the colonists were confronted with serious shortages in manpower and finances necessary for the imposition of their law on the inhabitants. Instead, in vivid contrast to the more direct rule of French colonialism, the British indirectly governed the native pouulation through indigenous local leaders or, in some instances, through chiefs of their own creation. In consequence, the English allowed customary law to apply virtually untainted by Western influences in nearly all litigation between native Africans. At the same time the British colonists permitted minimal permeation of customary ideas into their own legal system. -7- While the English, with the understandable assent of their colonists were determined that their law should predominate within most settlements, they were equally anxious to avoid interference with the customary laws of the local inhabitants. These laws were linked to deeply engrained religious tradition and any attempt to tamper with them would have invariably produced resentment. Furthermore, the colonists were confronted with serious shortages in manpower and finances necessary for the imposition of their law on the inhabitants. Instead, in vivid contrast to the more direct rule of French colonialism, the British indirectly governed the native pouulation through indigenous local leaders or, in some instances, through chiefs of their own creation. In consequence, the English allowed customary law to apply virtually untainted by Western influences in nearly all litigation between native Africans. At the same time the British colonists permitted minimal permeation of customary ideas into their own legal system. -7- While the English, with the understandable assent of their colonists were determined that their law should predominate within most settlements, they were equally anxious to avoid interference with the customary laws of the local inhabitants. These laws were linked to deeply engrained religious tradition and any attempt to tamper with them would have invariably produced resentment. Furthermore, the colonists were confronted with serious shortages in manpower and finances necessary for the imposition of their law on the inhabitants. Instead, in vivid contrast to the more direct rule of French colonialism, the British indirectly governed the native pouulation through indigenous local leaders or, in some instances, through chiefs of their own creation. In consequence, the English allowed customary law to apply virtually untainted by Western influences in nearly all litigation between native Africans. At the same time the British colonists permitted minimal permeation of customary ideas into their own legal system. -7- While the English, with the understandable assent of their colonists were determined that their law should predominate within most settlements, they were equally anxious to avoid interference with the customary laws of the local inhabitants. These laws were linked to deeply engrained religious tradition and any attempt to tamper with them would have invariably produced resentment. Furthermore, the colonists were confronted with serious shortages in manpower and finances necessary for the imposition of their law on the inhabitants. Instead, in vivid contrast to the more direct rule of French colonialism, the British indirectly governed the native pouulation through indigenous local leaders or, in some instances, through chiefs of their own creation. In consequence, the English allowed customary law to apply virtually untainted by Western influences in nearly all litigation between native Africans. At the same time the British colonists permitted minimal permeation of customary ideas into their own legal system. -7- While the English, with the understandable assent of their colonists were determined that their law should predominate within most settlements, they were equally anxious to avoid interference with the customary laws of the local inhabitants. These laws were linked to deeply engrained religious tradition and any attempt to tamper with them would have invariably produced resentment. Furthermore, the colonists were confronted with serious shortages in manpower and finances necessary for the imposition of their law on the inhabitants. Instead, in vivid contrast to the more direct rule of French colonialism, the British indirectly governed the native pouulation through indigenous local leaders or, in some instances, through chiefs of their own creation. In consequence, the English allowed customary law to apply virtually untainted by Western influences in nearly all litigation between native Africans. At the same time the British colonists permitted minimal permeation of customary ideas into their own legal system. -8- There were, however, certain areas where English ideas and practices intruded on the legal systems of the indigenous. First, some customary laws which the British found distasteful or impractical were abolished by statute. Secondly, the colonial courts rejected other laws if they were found to be: (1) repugnant to natural justice, equity and good conscience; (2) incompatible with local law; or (3) contrary to public policy. Third, English laws could be substituted where the application of customary laws would result in substantial injustice to either party. Finally, the most significant intrusion of British law into the lives of the indigenous peoples occurred where native laws were simply unable to cope with radically new social and economic developments. The introduction of large scale commercial activity, for instance, confronted traditional society with transactions entirely foreign to its legal apparatus. Since these commercial developments were strictly Western inventions, it was natural that Western laws should fill the gaps. -8- There were, however, certain areas where English ideas and practices intruded on the legal systems of the indigenous. First, some customary laws which the British found distasteful or impractical were abolished by statute. Secondly, the colonial courts rejected other laws if they were found to be: (1) repugnant to natural justice, equity and good conscience; (2) incompatible with local law; or (3) contrary to public policy. Third, English laws could be substituted where the application of customary laws would result in substantial injustice to either party. Finally, the most significant intrusion of British law into the lives of the indigenous peoples occurred where native laws were simply unable to cope with radically new social and economic developments. The introduction of large scale commercial activity, for instance, confronted traditional society with transactions entirely foreign to its legal apparatus. Since these commercial developments were strictly Western inventions, it was natural that Western laws should fill the gaps. -8- There were, however, certain areas where English ideas and practices intruded on the legal systems of the indigenous. First, some customary laws which the British found distasteful or impractical were abolished by statute. Secondly, the colonial courts rejected other laws if they were found to be: (1) repugnant to natural justice, equity and good conscience; (2) incompatible with local law; or (3) contrary to public policy. Third, English laws could be substituted where the application of customary laws would result in substantial injustice to either party. Finally, the most significant intrusion of British law into the lives of the indigenous peoples occurred where native laws were simply unable to cope with radically new social and economic developments. The introduction of large scale commercial activity, for instance, confronted traditional society with transactions entirely foreign to its legal apparatus. Since these commercial developments were strictly Western inventions, it was natural that Western laws should fill the gaps. -8- There were, however, certain areas where English ideas and practices intruded on the legal systems of the indigenous. First, some customary laws which the British found distasteful or impractical were abolished by statute. Secondly, the colonial courts rejected other laws if they were found to be: (1) repugnant to natural justice, equity and good conscience; (2) incompatible with local law; or (3) contrary to public policy. Third, English laws could be substituted where the application of customary laws would result in substantial injustice to either party. Finally, the most significant intrusion of British law into the lives of the indigenous peoples occurred where native laws were simply unable to cope with radically new social and economic developments. The introduction of large scale commercial activity, for instance, confronted traditional society with transactions entirely foreign to its legal apparatus. Since these commercial developments were strictly Western inventions, it was natural that Western laws should fill the gaps. -8- There were, however, certain areas where English ideas and practices intruded on the legal systems of the indigenous. First, some customary laws which the British found distasteful or impractical were abolished by statute. Secondly, the colonial courts rejected other laws if they were found to be: (1) repugnant to natural justice, equity and good conscience; (2) incompatible with local law; or (3) contrary to public policy. Third, English laws could be substituted where the application of customary laws would result in substantial injustice to either party. Finally, the most significant intrusion of British law into the lives of the indigenous peoples occurred where native laws were simply unable to cope with radically new social and economic developments. The introduction of large scale commercial activity, for instance, confronted traditional society with transactions entirely foreign to its legal apparatus. Since these commercial developments were strictly Western inventions, it was natural that Western laws should fill the gaps. -9- Broadly viewed, two types of judicial systems prevailed in British Africa during the colonial epoch. In West Africa the customary courts were partially integrated with those of English origin despite the fundamental dualism of the substantive law. There were several grades of customary courts containing a separate system of appeals with final appeal to the British courts. Within the British system appeal lay from the highest court in each country to the West African Court of Appeal and thereafter to Her Majesty's Judicial Committee of the Privy Council in Great Britain. In East Africa, with Tanganyika partially excepted, the judicial system was essentially parallelistic with no arrangement for appeals from customary courts to the British. The English colonial courts in the East operated similarly to the West with final appeal to the Privy Council. -9- Broadly viewed, two types of judicial systems prevailed in British Africa during the colonial epoch. In West Africa the customary courts were partially integrated with those of English origin despite the fundamental dualism of the substantive law. There were several grades of customary courts containing a separate system of appeals with final appeal to the British courts. Within the British system appeal lay from the highest court in each country to the West African Court of Appeal and thereafter to Her Majesty's Judicial Committee of the Privy Council in Great Britain. In East Africa, with Tanganyika partially excepted, the judicial system was essentially parallelistic with no arrangement for appeals from customary courts to the British. The English colonial courts in the East operated similarly to the West with final appeal to the Privy Council. -9- Broadly viewed, two types of judicial systems prevailed in British Africa during the colonial epoch. In West Africa the customary courts were partially integrated with those of English origin despite the fundamental dualism of the substantive law. There were several grades of customary courts containing a separate system of appeals with final appeal to the British courts. Within the British system appeal lay from the highest court in each country to the West African Court of Appeal and thereafter to Her Majesty's Judicial Committee of the Privy Council in Great Britain. In East Africa, with Tanganyika partially excepted, the judicial system was essentially parallelistic with no arrangement for appeals from customary courts to the British. The English colonial courts in the East operated similarly to the West with final appeal to the Privy Council. -9- Broadly viewed, two types of judicial systems prevailed in British Africa during the colonial epoch. In West Africa the customary courts were partially integrated with those of English origin despite the fundamental dualism of the substantive law. There were several grades of customary courts containing a separate system of appeals with final appeal to the British courts. Within the British system appeal lay from the highest court in each country to the West African Court of Appeal and thereafter to Her Majesty's Judicial Committee of the Privy Council in Great Britain. In East Africa, with Tanganyika partially excepted, the judicial system was essentially parallelistic with no arrangement for appeals from customary courts to the British. The English colonial courts in the East operated similarly to the West with final appeal to the Privy Council. -9- Broadly viewed, two types of judicial systems prevailed in British Africa during the colonial epoch. In West Africa the customary courts were partially integrated with those of English origin despite the fundamental dualism of the substantive law. There were several grades of customary courts containing a separate system of appeals with final appeal to the British courts. Within the British system appeal lay from the highest court in each country to the West African Court of Appeal and thereafter to Her Majesty's Judicial Committee of the Privy Council in Great Britain. In East Africa, with Tanganyika partially excepted, the judicial system was essentially parallelistic with no arrangement for appeals from customary courts to the British. The English colonial courts in the East operated similarly to the West with final appeal to the Privy Council. -10- Perhaps the most valuable one-volume source of material to date concerning African law during the British colonial era is Antony Allott's Essays in African Law (London, 1960), previously reviewed in the October 1961 issue of this Journal. Allott's essays include comprehensive analyses of the administration of customary law under the colonial regimes and the reception of English law in Africa. -10- Perhaps the most valuable one-volume source of material to date concerning African law during the British colonial era is Antony Allott's Essays in African Law (London, 1960), previously reviewed in the October 1961 issue of this Journal. Allott's essays include comprehensive analyses of the administration of customary law under the colonial regimes and the reception of English law in Africa. -10- Perhaps the most valuable one-volume source of material to date concerning African law during the British colonial era is Antony Allott's Essays in African Law (London, 1960), previously reviewed in the October 1961 issue of this Journal. Allott's essays include comprehensive analyses of the administration of customary law under the colonial regimes and the reception of English law in Africa. -10- Perhaps the most valuable one-volume source of material to date concerning African law during the British colonial era is Antony Allott's Essays in African Law (London, 1960), previously reviewed in the October 1961 issue of this Journal. Allott's essays include comprehensive analyses of the administration of customary law under the colonial regimes and the reception of English law in Africa. -10- Perhaps the most valuable one-volume source of material to date concerning African law during the British colonial era is Antony Allott's Essays in African Law (London, 1960), previously reviewed in the October 1961 issue of this Journal. Allott's essays include comprehensive analyses of the administration of customary law under the colonial regimes and the reception of English law in Africa. -11- The Independence Period The immense political, economic and social problems which have accompanied the securing of independence by the former British colonies have been instrumental in determining the subsequent development of their legal systems. One of the most vexing and potentially troublesome problems [is the] heterogenous nature of Sub-Saharan African states containing within each a multiplicity of cultures and languages. Among the more divisive cultural factors within the individual nations is the presence of pluralistic legal orders consisting of parallel customary and Western legal systems and a surfeit of varying customary laws. African leaders believe unity to be imperative and the elimination of multiple native laws a vital step toward the goal. The result is that several countries have unified their customary laws in codified or restatement form and Tanzania is even in the process of "Africanizing" its laws by a fusion of colonial and indigenous law. Parallel to the unification campaign, a tendency toward eclecticism has been evident in some countries, with these features of various legal systems most compatible with local conditions being synthesized into a relatively new system. -11- The Independence Period The immense political, economic and social problems which have accompanied the securing of independence by the former British colonies have been instrumental in determining the subsequent development of their legal systems. One of the most vexing and potentially troublesome problems [is the] heterogenous nature of Sub-Saharan African states containing within each a multiplicity of cultures and languages. Among the more divisive cultural factors within the individual nations is the presence of pluralistic legal orders consisting of parallel customary and Western legal systems and a surfeit of varying customary laws. African leaders believe unity to be imperative and the elimination of multiple native laws a vital step toward the goal. The result is that several countries have unified their customary laws in codified or restatement form and Tanzania is even in the process of "Africanizing" its laws by a fusion of colonial and indigenous law. Parallel to the unification campaign, a tendency toward eclecticism has been evident in some countries, with these features of various legal systems most compatible with local conditions being synthesized into a relatively new system. -11- The Independence Period The immense political, economic and social problems which have accompanied the securing of independence by the former British colonies have been instrumental in determining the subsequent development of their legal systems. One of the most vexing and potentially troublesome problems [is the] heterogenous nature of Sub-Saharan African states containing within each a multiplicity of cultures and languages. Among the more divisive cultural factors within the individual nations is the presence of pluralistic legal orders consisting of parallel customary and Western legal systems and a surfeit of varying customary laws. African leaders believe unity to be imperative and the elimination of multiple native laws a vital step toward the goal. The result is that several countries have unified their customary laws in codified or restatement form and Tanzania is even in the process of "Africanizing" its laws by a fusion of colonial and indigenous law. Parallel to the unification campaign, a tendency toward eclecticism has been evident in some countries, with these features of various legal systems most compatible with local conditions being synthesized into a relatively new system. -11- The Independence Period The immense political, economic and social problems which have accompanied the securing of independence by the former British colonies have been instrumental in determining the subsequent development of their legal systems. One of the most vexing and potentially troublesome problems [is the] heterogenous nature of Sub-Saharan African states containing within each a multiplicity of cultures and languages. Among the more divisive cultural factors within the individual nations is the presence of pluralistic legal orders consisting of parallel customary and Western legal systems and a surfeit of varying customary laws. African leaders believe unity to be imperative and the elimination of multiple native laws a vital step toward the goal. The result is that several countries have unified their customary laws in codified or restatement form and Tanzania is even in the process of "Africanizing" its laws by a fusion of colonial and indigenous law. Parallel to the unification campaign, a tendency toward eclecticism has been evident in some countries, with these features of various legal systems most compatible with local conditions being synthesized into a relatively new system. -11- The Independence Period The immense political, economic and social problems which have accompanied the securing of independence by the former British colonies have been instrumental in determining the subsequent development of their legal systems. One of the most vexing and potentially troublesome problems [is the] heterogenous nature of Sub-Saharan African states containing within each a multiplicity of cultures and languages. Among the more divisive cultural factors within the individual nations is the presence of pluralistic legal orders consisting of parallel customary and Western legal systems and a surfeit of varying customary laws. African leaders believe unity to be imperative and the elimination of multiple native laws a vital step toward the goal. The result is that several countries have unified their customary laws in codified or restatement form and Tanzania is even in the process of "Africanizing" its laws by a fusion of colonial and indigenous law. Parallel to the unification campaign, a tendency toward eclecticism has been evident in some countries, with these features of various legal systems most compatible with local conditions being synthesized into a relatively new system. -12- Tanzania's experiment in Africanization reflects yet another prevalent attitude: many leaders are inclined toward championing their African heritage while simultaneously de-emphasizing Anglican influences. However, with the exception of a few countries, Africanization of the law has been more rhetoric than reality. African nations, which in all instances carried over the colonial legal systems in tact at the time of independence, have to a great extent proceeded forward in the same direction. In fact, a significant expansion of Western laws has occurred in some countries to implement their drive toward economic modernization. Possibly the most profound legal changes in the former British colonies have been produced in the judicial realm. Several countries have made strides toward full integration of their court systems. Efforts have also been directed toward modernizing the rules of procedure in customary courts and toward more flexibility in permitting English originated laws to be applied in customary courts and customary laws in the regular courts. -12- Tanzania's experiment in Africanization reflects yet another prevalent attitude: many leaders are inclined toward championing their African heritage while simultaneously de-emphasizing Anglican influences. However, with the exception of a few countries, Africanization of the law has been more rhetoric than reality. African nations, which in all instances carried over the colonial legal systems in tact at the time of independence, have to a great extent proceeded forward in the same direction. In fact, a significant expansion of Western laws has occurred in some countries to implement their drive toward economic modernization. Possibly the most profound legal changes in the former British colonies have been produced in the judicial realm. Several countries have made strides toward full integration of their court systems. Efforts have also been directed toward modernizing the rules of procedure in customary courts and toward more flexibility in permitting English originated laws to be applied in customary courts and customary laws in the regular courts. -12- Tanzania's experiment in Africanization reflects yet another prevalent attitude: many leaders are inclined toward championing their African heritage while simultaneously de-emphasizing Anglican influences. However, with the exception of a few countries, Africanization of the law has been more rhetoric than reality. African nations, which in all instances carried over the colonial legal systems in tact at the time of independence, have to a great extent proceeded forward in the same direction. In fact, a significant expansion of Western laws has occurred in some countries to implement their drive toward economic modernization. Possibly the most profound legal changes in the former British colonies have been produced in the judicial realm. Several countries have made strides toward full integration of their court systems. Efforts have also been directed toward modernizing the rules of procedure in customary courts and toward more flexibility in permitting English originated laws to be applied in customary courts and customary laws in the regular courts. -12- Tanzania's experiment in Africanization reflects yet another prevalent attitude: many leaders are inclined toward championing their African heritage while simultaneously de-emphasizing Anglican influences. However, with the exception of a few countries, Africanization of the law has been more rhetoric than reality. African nations, which in all instances carried over the colonial legal systems in tact at the time of independence, have to a great extent proceeded forward in the same direction. In fact, a significant expansion of Western laws has occurred in some countries to implement their drive toward economic modernization. Possibly the most profound legal changes in the former British colonies have been produced in the judicial realm. Several countries have made strides toward full integration of their court systems. Efforts have also been directed toward modernizing the rules of procedure in customary courts and toward more flexibility in permitting English originated laws to be applied in customary courts and customary laws in the regular courts. -12- Tanzania's experiment in Africanization reflects yet another prevalent attitude: many leaders are inclined toward championing their African heritage while simultaneously de-emphasizing Anglican influences. However, with the exception of a few countries, Africanization of the law has been more rhetoric than reality. African nations, which in all instances carried over the colonial legal systems in tact at the time of independence, have to a great extent proceeded forward in the same direction. In fact, a significant expansion of Western laws has occurred in some countries to implement their drive toward economic modernization. Possibly the most profound legal changes in the former British colonies have been produced in the judicial realm. Several countries have made strides toward full integration of their court systems. Efforts have also been directed toward modernizing the rules of procedure in customary courts and toward more flexibility in permitting English originated laws to be applied in customary courts and customary laws in the regular courts. -13- Current, as well as forecasted, trends in African law have been well formulated in two comparatively recent publications: African Law: New Law for New Nations edited by Hans W. Baade (Dobbs Ferry, 1963) and African Law: Adaptation and Development (Berkeley and Los Angeles, 1965) edited by Hilda and Leo Kuper. Both are collections of essays. The former consists primarily of legal material while the latter discusses law and anthropology of law. FORMER FRENCH AFRICA Colonial Rule The fourteen countries of so-called French Black Africa resulted from a long process of military conquests and trade infiltration which started in the middle of the 17th century with the occupation of the Senegalian coastline and was completed in the first two decades of the 20th century with the defeat of Germany in World War I. Thus, the German Empire in Africa was dismembered and other African lands, such as Togo and Cameroon, were put under French rule or protection. Their legal systems, therefore, are a mere outgrowth influenced by the Common Law and French Civil Law systems. -13- Current, as well as forecasted, trends in African law have been well formulated in two comparatively recent publications: African Law: New Law for New Nations edited by Hans W. Baade (Dobbs Ferry, 1963) and African Law: Adaptation and Development (Berkeley and Los Angeles, 1965) edited by Hilda and Leo Kuper. Both are collections of essays. The former consists primarily of legal material while the latter discusses law and anthropology of law. FORMER FRENCH AFRICA Colonial Rule The fourteen countries of so-called French Black Africa resulted from a long process of military conquests and trade infiltration which started in the middle of the 17th century with the occupation of the Senegalian coastline and was completed in the first two decades of the 20th century with the defeat of Germany in World War I. Thus, the German Empire in Africa was dismembered and other African lands, such as Togo and Cameroon, were put under French rule or protection. Their legal systems, therefore, are a mere outgrowth influenced by the Common Law and French Civil Law systems. -13- Current, as well as forecasted, trends in African law have been well formulated in two comparatively recent publications: African Law: New Law for New Nations edited by Hans W. Baade (Dobbs Ferry, 1963) and African Law: Adaptation and Development (Berkeley and Los Angeles, 1965) edited by Hilda and Leo Kuper. Both are collections of essays. The former consists primarily of legal material while the latter discusses law and anthropology of law. FORMER FRENCH AFRICA Colonial Rule The fourteen countries of so-called French Black Africa resulted from a long process of military conquests and trade infiltration which started in the middle of the 17th century with the occupation of the Senegalian coastline and was completed in the first two decades of the 20th century with the defeat of Germany in World War I. Thus, the German Empire in Africa was dismembered and other African lands, such as Togo and Cameroon, were put under French rule or protection. Their legal systems, therefore, are a mere outgrowth influenced by the Common Law and French Civil Law systems. -13- Current, as well as forecasted, trends in African law have been well formulated in two comparatively recent publications: African Law: New Law for New Nations edited by Hans W. Baade (Dobbs Ferry, 1963) and African Law: Adaptation and Development (Berkeley and Los Angeles, 1965) edited by Hilda and Leo Kuper. Both are collections of essays. The former consists primarily of legal material while the latter discusses law and anthropology of law. FORMER FRENCH AFRICA Colonial Rule The fourteen countries of so-called French Black Africa resulted from a long process of military conquests and trade infiltration which started in the middle of the 17th century with the occupation of the Senegalian coastline and was completed in the first two decades of the 20th century with the defeat of Germany in World War I. Thus, the German Empire in Africa was dismembered and other African lands, such as Togo and Cameroon, were put under French rule or protection. Their legal systems, therefore, are a mere outgrowth influenced by the Common Law and French Civil Law systems. -13- Current, as well as forecasted, trends in African law have been well formulated in two comparatively recent publications: African Law: New Law for New Nations edited by Hans W. Baade (Dobbs Ferry, 1963) and African Law: Adaptation and Development (Berkeley and Los Angeles, 1965) edited by Hilda and Leo Kuper. Both are collections of essays. The former consists primarily of legal material while the latter discusses law and anthropology of law. FORMER FRENCH AFRICA Colonial Rule The fourteen countries of so-called French Black Africa resulted from a long process of military conquests and trade infiltration which started in the middle of the 17th century with the occupation of the Senegalian coastline and was completed in the first two decades of the 20th century with the defeat of Germany in World War I. Thus, the German Empire in Africa was dismembered and other African lands, such as Togo and Cameroon, were put under French rule or protection. Their legal systems, therefore, are a mere outgrowth influenced by the Common Law and French Civil Law systems. -14- The local judicial institutions of the pre-colonial era, in whatever form they existed, had as their prime function the exercise of political or religious power, or both. At the beginning of the French occupation no attention was given to these institutions since France ruled with a firm hand through her military governors. With the passing of time, however, and the establishment of French authority, two ideas chiefly inspired and guided Frenchmen in Africa in their work of enforcing legal changes. First, there was the desire to provide the overseas lands with a properly guaranteed judicial system by introducing the French legal system which, at that time, was considered universal and everlasting. Secondly, it was believed that this type of justice would prove another factor for the assimilation of the local population. -14- The local judicial institutions of the pre-colonial era, in whatever form they existed, had as their prime function the exercise of political or religious power, or both. At the beginning of the French occupation no attention was given to these institutions since France ruled with a firm hand through her military governors. With the passing of time, however, and the establishment of French authority, two ideas chiefly inspired and guided Frenchmen in Africa in their work of enforcing legal changes. First, there was the desire to provide the overseas lands with a properly guaranteed judicial system by introducing the French legal system which, at that time, was considered universal and everlasting. Secondly, it was believed that this type of justice would prove another factor for the assimilation of the local population. -14- The local judicial institutions of the pre-colonial era, in whatever form they existed, had as their prime function the exercise of political or religious power, or both. At the beginning of the French occupation no attention was given to these institutions since France ruled with a firm hand through her military governors. With the passing of time, however, and the establishment of French authority, two ideas chiefly inspired and guided Frenchmen in Africa in their work of enforcing legal changes. First, there was the desire to provide the overseas lands with a properly guaranteed judicial system by introducing the French legal system which, at that time, was considered universal and everlasting. Secondly, it was believed that this type of justice would prove another factor for the assimilation of the local population. -14- The local judicial institutions of the pre-colonial era, in whatever form they existed, had as their prime function the exercise of political or religious power, or both. At the beginning of the French occupation no attention was given to these institutions since France ruled with a firm hand through her military governors. With the passing of time, however, and the establishment of French authority, two ideas chiefly inspired and guided Frenchmen in Africa in their work of enforcing legal changes. First, there was the desire to provide the overseas lands with a properly guaranteed judicial system by introducing the French legal system which, at that time, was considered universal and everlasting. Secondly, it was believed that this type of justice would prove another factor for the assimilation of the local population. -14- The local judicial institutions of the pre-colonial era, in whatever form they existed, had as their prime function the exercise of political or religious power, or both. At the beginning of the French occupation no attention was given to these institutions since France ruled with a firm hand through her military governors. With the passing of time, however, and the establishment of French authority, two ideas chiefly inspired and guided Frenchmen in Africa in their work of enforcing legal changes. First, there was the desire to provide the overseas lands with a properly guaranteed judicial system by introducing the French legal system which, at that time, was considered universal and everlasting. Secondly, it was believed that this type of justice would prove another factor for the assimilation of the local population. -15- During the colonial period there were three legal jurisdictions: French law, local law, and administrative law. The French law jurisdiction, introduced in its final form in 1926, was the same administration of justice as that in Metropolitan France. Tribunals of first instance and finally justices of peace with correctional powers and jurisdiction over certain minor offenses were set up, followed by appellate and assize courts. Final recourse was to the Court of Cassation in Paris. Local law jurisdiction, already in process of losing complete identity in favor of the French jurisdiction, was more complex and consisted of various categories. For instance, in former French West Africa, tribunals of first instance and customary tribunals followed by tribunals of second instance for appeals against the decisions rendered by the aforementioned were constituted as well as a Superior Tribunal which decided in the last resort on all matters coming under the local law. -15- During the colonial period there were three legal jurisdictions: French law, local law, and administrative law. The French law jurisdiction, introduced in its final form in 1926, was the same administration of justice as that in Metropolitan France. Tribunals of first instance and finally justices of peace with correctional powers and jurisdiction over certain minor offenses were set up, followed by appellate and assize courts. Final recourse was to the Court of Cassation in Paris. Local law jurisdiction, already in process of losing complete identity in favor of the French jurisdiction, was more complex and consisted of various categories. For instance, in former French West Africa, tribunals of first instance and customary tribunals followed by tribunals of second instance for appeals against the decisions rendered by the aforementioned were constituted as well as a Superior Tribunal which decided in the last resort on all matters coming under the local law. -15- During the colonial period there were three legal jurisdictions: French law, local law, and administrative law. The French law jurisdiction, introduced in its final form in 1926, was the same administration of justice as that in Metropolitan France. Tribunals of first instance and finally justices of peace with correctional powers and jurisdiction over certain minor offenses were set up, followed by appellate and assize courts. Final recourse was to the Court of Cassation in Paris. Local law jurisdiction, already in process of losing complete identity in favor of the French jurisdiction, was more complex and consisted of various categories. For instance, in former French West Africa, tribunals of first instance and customary tribunals followed by tribunals of second instance for appeals against the decisions rendered by the aforementioned were constituted as well as a Superior Tribunal which decided in the last resort on all matters coming under the local law. -15- During the colonial period there were three legal jurisdictions: French law, local law, and administrative law. The French law jurisdiction, introduced in its final form in 1926, was the same administration of justice as that in Metropolitan France. Tribunals of first instance and finally justices of peace with correctional powers and jurisdiction over certain minor offenses were set up, followed by appellate and assize courts. Final recourse was to the Court of Cassation in Paris. Local law jurisdiction, already in process of losing complete identity in favor of the French jurisdiction, was more complex and consisted of various categories. For instance, in former French West Africa, tribunals of first instance and customary tribunals followed by tribunals of second instance for appeals against the decisions rendered by the aforementioned were constituted as well as a Superior Tribunal which decided in the last resort on all matters coming under the local law. -15- During the colonial period there were three legal jurisdictions: French law, local law, and administrative law. The French law jurisdiction, introduced in its final form in 1926, was the same administration of justice as that in Metropolitan France. Tribunals of first instance and finally justices of peace with correctional powers and jurisdiction over certain minor offenses were set up, followed by appellate and assize courts. Final recourse was to the Court of Cassation in Paris. Local law jurisdiction, already in process of losing complete identity in favor of the French jurisdiction, was more complex and consisted of various categories. For instance, in former French West Africa, tribunals of first instance and customary tribunals followed by tribunals of second instance for appeals against the decisions rendered by the aforementioned were constituted as well as a Superior Tribunal which decided in the last resort on all matters coming under the local law. -16- In certain Senegalese communes where the population was predominantly Moslem, Moslem courts existed which handled cases relating to domestic relations and inheritance. In French Equatorial Africa there was a similar situation, and after depriving the French Court of Cassation of jurisdiction, appellate courts were created instead in Dakar, Brazzaville and Tananarive. It must be remembered that the courts of local law were not staffed with professional magistrates; as a rule they were headed by administrative functionaries assisted in the discharge of their duties by assessors familiar with local customs and traditions. The only exception to this was in Madagascar where the chief judge was a professional. Jurisdiction in administrative law, patterned after the French, consisted of administrative council or tribunals residing in French West Africa, French Equatorial Africa, Togo, Cameroon, Tananarive, and Madagascar; the tribunal of ultimate recourse was the Council of State of France. -16- In certain Senegalese communes where the population was predominantly Moslem, Moslem courts existed which handled cases relating to domestic relations and inheritance. In French Equatorial Africa there was a similar situation, and after depriving the French Court of Cassation of jurisdiction, appellate courts were created instead in Dakar, Brazzaville and Tananarive. It must be remembered that the courts of local law were not staffed with professional magistrates; as a rule they were headed by administrative functionaries assisted in the discharge of their duties by assessors familiar with local customs and traditions. The only exception to this was in Madagascar where the chief judge was a professional. Jurisdiction in administrative law, patterned after the French, consisted of administrative council or tribunals residing in French West Africa, French Equatorial Africa, Togo, Cameroon, Tananarive, and Madagascar; the tribunal of ultimate recourse was the Council of State of France. -16- In certain Senegalese communes where the population was predominantly Moslem, Moslem courts existed which handled cases relating to domestic relations and inheritance. In French Equatorial Africa there was a similar situation, and after depriving the French Court of Cassation of jurisdiction, appellate courts were created instead in Dakar, Brazzaville and Tananarive. It must be remembered that the courts of local law were not staffed with professional magistrates; as a rule they were headed by administrative functionaries assisted in the discharge of their duties by assessors familiar with local customs and traditions. The only exception to this was in Madagascar where the chief judge was a professional. Jurisdiction in administrative law, patterned after the French, consisted of administrative council or tribunals residing in French West Africa, French Equatorial Africa, Togo, Cameroon, Tananarive, and Madagascar; the tribunal of ultimate recourse was the Council of State of France. -16- In certain Senegalese communes where the population was predominantly Moslem, Moslem courts existed which handled cases relating to domestic relations and inheritance. In French Equatorial Africa there was a similar situation, and after depriving the French Court of Cassation of jurisdiction, appellate courts were created instead in Dakar, Brazzaville and Tananarive. It must be remembered that the courts of local law were not staffed with professional magistrates; as a rule they were headed by administrative functionaries assisted in the discharge of their duties by assessors familiar with local customs and traditions. The only exception to this was in Madagascar where the chief judge was a professional. Jurisdiction in administrative law, patterned after the French, consisted of administrative council or tribunals residing in French West Africa, French Equatorial Africa, Togo, Cameroon, Tananarive, and Madagascar; the tribunal of ultimate recourse was the Council of State of France. -16- In certain Senegalese communes where the population was predominantly Moslem, Moslem courts existed which handled cases relating to domestic relations and inheritance. In French Equatorial Africa there was a similar situation, and after depriving the French Court of Cassation of jurisdiction, appellate courts were created instead in Dakar, Brazzaville and Tananarive. It must be remembered that the courts of local law were not staffed with professional magistrates; as a rule they were headed by administrative functionaries assisted in the discharge of their duties by assessors familiar with local customs and traditions. The only exception to this was in Madagascar where the chief judge was a professional. Jurisdiction in administrative law, patterned after the French, consisted of administrative council or tribunals residing in French West Africa, French Equatorial Africa, Togo, Cameroon, Tananarive, and Madagascar; the tribunal of ultimate recourse was the Council of State of France. -17- The Independence Period An examination of the independence periods of the countries of French Africa with regard to their legal systems and administration of justice reveals that the introduction of the French legal system and administration of justice, in spite of the shortcomings previously described, favorably influenced legal developments in these countries since the French tribunals established in Africa played the important role of curtailing the absolutism of the colonial power in exactly the same manner as they did in the mother country at the end of the 18th century. This is also true of the magistrates in the overseas lands who made the greatest contribution in the emancipation of the local people and later in the achievement of independence for these African states. -17- The Independence Period An examination of the independence periods of the countries of French Africa with regard to their legal systems and administration of justice reveals that the introduction of the French legal system and administration of justice, in spite of the shortcomings previously described, favorably influenced legal developments in these countries since the French tribunals established in Africa played the important role of curtailing the absolutism of the colonial power in exactly the same manner as they did in the mother country at the end of the 18th century. This is also true of the magistrates in the overseas lands who made the greatest contribution in the emancipation of the local people and later in the achievement of independence for these African states. -17- The Independence Period An examination of the independence periods of the countries of French Africa with regard to their legal systems and administration of justice reveals that the introduction of the French legal system and administration of justice, in spite of the shortcomings previously described, favorably influenced legal developments in these countries since the French tribunals established in Africa played the important role of curtailing the absolutism of the colonial power in exactly the same manner as they did in the mother country at the end of the 18th century. This is also true of the magistrates in the overseas lands who made the greatest contribution in the emancipation of the local people and later in the achievement of independence for these African states. -17- The Independence Period An examination of the independence periods of the countries of French Africa with regard to their legal systems and administration of justice reveals that the introduction of the French legal system and administration of justice, in spite of the shortcomings previously described, favorably influenced legal developments in these countries since the French tribunals established in Africa played the important role of curtailing the absolutism of the colonial power in exactly the same manner as they did in the mother country at the end of the 18th century. This is also true of the magistrates in the overseas lands who made the greatest contribution in the emancipation of the local people and later in the achievement of independence for these African states. -17- The Independence Period An examination of the independence periods of the countries of French Africa with regard to their legal systems and administration of justice reveals that the introduction of the French legal system and administration of justice, in spite of the shortcomings previously described, favorably influenced legal developments in these countries since the French tribunals established in Africa played the important role of curtailing the absolutism of the colonial power in exactly the same manner as they did in the mother country at the end of the 18th century. This is also true of the magistrates in the overseas lands who made the greatest contribution in the emancipation of the local people and later in the achievement of independence for these African states. -18- A similar evolution in the field of the administration of justice may be found in another area of importance - namely the jurisdictional unification. In fact as in the case of the administration of justice established after the French Revolution which aimed primarily at the unification of jurisdictions of the pre-revolutionary regime, the reform introduced by France in Africa after World War II aimed first at a regrouping of jurisdictions of various laws. This trend became stronger when the colonies broke away completely from the colonial power. The development of judicial organization in the newly established states proceeded rapidly toward this unification. As a result, the new tribunals took over the functions of administrative courts and most of those carried out by the customary courts. -18- A similar evolution in the field of the administration of justice may be found in another area of importance - namely the jurisdictional unification. In fact as in the case of the administration of justice established after the French Revolution which aimed primarily at the unification of jurisdictions of the pre-revolutionary regime, the reform introduced by France in Africa after World War II aimed first at a regrouping of jurisdictions of various laws. This trend became stronger when the colonies broke away completely from the colonial power. The development of judicial organization in the newly established states proceeded rapidly toward this unification. As a result, the new tribunals took over the functions of administrative courts and most of those carried out by the customary courts. -18- A similar evolution in the field of the administration of justice may be found in another area of importance - namely the jurisdictional unification. In fact as in the case of the administration of justice established after the French Revolution which aimed primarily at the unification of jurisdictions of the pre-revolutionary regime, the reform introduced by France in Africa after World War II aimed first at a regrouping of jurisdictions of various laws. This trend became stronger when the colonies broke away completely from the colonial power. The development of judicial organization in the newly established states proceeded rapidly toward this unification. As a result, the new tribunals took over the functions of administrative courts and most of those carried out by the customary courts. -18- A similar evolution in the field of the administration of justice may be found in another area of importance - namely the jurisdictional unification. In fact as in the case of the administration of justice established after the French Revolution which aimed primarily at the unification of jurisdictions of the pre-revolutionary regime, the reform introduced by France in Africa after World War II aimed first at a regrouping of jurisdictions of various laws. This trend became stronger when the colonies broke away completely from the colonial power. The development of judicial organization in the newly established states proceeded rapidly toward this unification. As a result, the new tribunals took over the functions of administrative courts and most of those carried out by the customary courts. -18- A similar evolution in the field of the administration of justice may be found in another area of importance - namely the jurisdictional unification. In fact as in the case of the administration of justice established after the French Revolution which aimed primarily at the unification of jurisdictions of the pre-revolutionary regime, the reform introduced by France in Africa after World War II aimed first at a regrouping of jurisdictions of various laws. This trend became stronger when the colonies broke away completely from the colonial power. The development of judicial organization in the newly established states proceeded rapidly toward this unification. As a result, the new tribunals took over the functions of administrative courts and most of those carried out by the customary courts. -19- In summarizing the evolution of law and justice in French Black Africa, we find that Senegal has gone through a profound judicial reform, and a new legal system which may influence the rest of these countries is the subject of serious studies. Several jurisdictions influenced by various principles of law were unified and brought under the French legal system infused with some principles taken from customary law. In the Islamic Republic of Mauretania the previous order was replaced by a jurisdiction subject to French civil, criminal and commercial laws. However, the area of domestic relations continues to be the subject of, and influenced by, the Islamic law. When French sovereignty ended in the Republic of Guinea in 1958, and the country did not join the French Commonwealth, a well developed legal system inspired primarily by French law and traditional and customary law was achieved there somewhat earlier than in most countries. -19- In summarizing the evolution of law and justice in French Black Africa, we find that Senegal has gone through a profound judicial reform, and a new legal system which may influence the rest of these countries is the subject of serious studies. Several jurisdictions influenced by various principles of law were unified and brought under the French legal system infused with some principles taken from customary law. In the Islamic Republic of Mauretania the previous order was replaced by a jurisdiction subject to French civil, criminal and commercial laws. However, the area of domestic relations continues to be the subject of, and influenced by, the Islamic law. When French sovereignty ended in the Republic of Guinea in 1958, and the country did not join the French Commonwealth, a well developed legal system inspired primarily by French law and traditional and customary law was achieved there somewhat earlier than in most countries. -19- In summarizing the evolution of law and justice in French Black Africa, we find that Senegal has gone through a profound judicial reform, and a new legal system which may influence the rest of these countries is the subject of serious studies. Several jurisdictions influenced by various principles of law were unified and brought under the French legal system infused with some principles taken from customary law. In the Islamic Republic of Mauretania the previous order was replaced by a jurisdiction subject to French civil, criminal and commercial laws. However, the area of domestic relations continues to be the subject of, and influenced by, the Islamic law. When French sovereignty ended in the Republic of Guinea in 1958, and the country did not join the French Commonwealth, a well developed legal system inspired primarily by French law and traditional and customary law was achieved there somewhat earlier than in most countries. -19- In summarizing the evolution of law and justice in French Black Africa, we find that Senegal has gone through a profound judicial reform, and a new legal system which may influence the rest of these countries is the subject of serious studies. Several jurisdictions influenced by various principles of law were unified and brought under the French legal system infused with some principles taken from customary law. In the Islamic Republic of Mauretania the previous order was replaced by a jurisdiction subject to French civil, criminal and commercial laws. However, the area of domestic relations continues to be the subject of, and influenced by, the Islamic law. When French sovereignty ended in the Republic of Guinea in 1958, and the country did not join the French Commonwealth, a well developed legal system inspired primarily by French law and traditional and customary law was achieved there somewhat earlier than in most countries. -19- In summarizing the evolution of law and justice in French Black Africa, we find that Senegal has gone through a profound judicial reform, and a new legal system which may influence the rest of these countries is the subject of serious studies. Several jurisdictions influenced by various principles of law were unified and brought under the French legal system infused with some principles taken from customary law. In the Islamic Republic of Mauretania the previous order was replaced by a jurisdiction subject to French civil, criminal and commercial laws. However, the area of domestic relations continues to be the subject of, and influenced by, the Islamic law. When French sovereignty ended in the Republic of Guinea in 1958, and the country did not join the French Commonwealth, a well developed legal system inspired primarily by French law and traditional and customary law was achieved there somewhat earlier than in most countries. -20- The unification of jurisdictions was the basic concern in the Ivory Coast, and as was stated by its Minister of Justice, this was achieved by blending together the two jurisdictions. Judicial reform in the Republic of Dahomey underwent only minor adjustments in the two jurisdictions as influenced by the modern or customary law, as well as in the field of administrative law. The apparatus of the administration of justice and the jurisdiction of laws existing under French rule have been preserved in Upper Volta, Niger and Tchad. Immediately after Togo, the former French mandate, proclaimed its independence, a profound judicial reform was carried out. However, it has been noted that the unification in this country has increased, not lessened, the influence of French law. -20- The unification of jurisdictions was the basic concern in the Ivory Coast, and as was stated by its Minister of Justice, this was achieved by blending together the two jurisdictions. Judicial reform in the Republic of Dahomey underwent only minor adjustments in the two jurisdictions as influenced by the modern or customary law, as well as in the field of administrative law. The apparatus of the administration of justice and the jurisdiction of laws existing under French rule have been preserved in Upper Volta, Niger and Tchad. Immediately after Togo, the former French mandate, proclaimed its independence, a profound judicial reform was carried out. However, it has been noted that the unification in this country has increased, not lessened, the influence of French law. -20- The unification of jurisdictions was the basic concern in the Ivory Coast, and as was stated by its Minister of Justice, this was achieved by blending together the two jurisdictions. Judicial reform in the Republic of Dahomey underwent only minor adjustments in the two jurisdictions as influenced by the modern or customary law, as well as in the field of administrative law. The apparatus of the administration of justice and the jurisdiction of laws existing under French rule have been preserved in Upper Volta, Niger and Tchad. Immediately after Togo, the former French mandate, proclaimed its independence, a profound judicial reform was carried out. However, it has been noted that the unification in this country has increased, not lessened, the influence of French law. -20- The unification of jurisdictions was the basic concern in the Ivory Coast, and as was stated by its Minister of Justice, this was achieved by blending together the two jurisdictions. Judicial reform in the Republic of Dahomey underwent only minor adjustments in the two jurisdictions as influenced by the modern or customary law, as well as in the field of administrative law. The apparatus of the administration of justice and the jurisdiction of laws existing under French rule have been preserved in Upper Volta, Niger and Tchad. Immediately after Togo, the former French mandate, proclaimed its independence, a profound judicial reform was carried out. However, it has been noted that the unification in this country has increased, not lessened, the influence of French law. -20- The unification of jurisdictions was the basic concern in the Ivory Coast, and as was stated by its Minister of Justice, this was achieved by blending together the two jurisdictions. Judicial reform in the Republic of Dahomey underwent only minor adjustments in the two jurisdictions as influenced by the modern or customary law, as well as in the field of administrative law. The apparatus of the administration of justice and the jurisdiction of laws existing under French rule have been preserved in Upper Volta, Niger and Tchad. Immediately after Togo, the former French mandate, proclaimed its independence, a profound judicial reform was carried out. However, it has been noted that the unification in this country has increased, not lessened, the influence of French law. -21- Cameroon, which enjoyed the same status as that of Togo, proceeded rapidly toward the unification of jurisdictions falling under French law while retaining some customary law influence. Malagasy, which also enjoyed a special status under the French rule, quickly established a unified system of law influenced strongly by the customary law. The Congo and Central African Republic, while preserving the dual system of jurisdictions, have stated they will maintain this system until their respective codes, which are now in preparation, are enacted. Recent studies on this topic which have been received in the Library are: 1) Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée; recueil publié par le Ministère de la France d'outre-mer, (Paris, 1948). 2) F. Luchaire's Droit d'outre-mer (Paris, 1959). 3) P. F. Gonidec's Droit d'outre-mer (Paris, 1959). 4) Michel Jeol's La reforme de la justice en Afrique noire (Paris, 1963). 5) Gilbert Mangin's L'organization judiciaire des états d'Afrique et de Madagascar (Paris, 1962).-21- Cameroon, which enjoyed the same status as that of Togo, proceeded rapidly toward the unification of jurisdictions falling under French law while retaining some customary law influence. Malagasy, which also enjoyed a special status under the French rule, quickly established a unified system of law influenced strongly by the customary law. The Congo and Central African Republic, while preserving the dual system of jurisdictions, have stated they will maintain this system until their respective codes, which are now in preparation, are enacted. Recent studies on this topic which have been received in the Library are: 1) Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée; recueil publié par le Ministère de la France d'outre-mer, (Paris, 1948). 2) F. Luchaire's Droit d'outre-mer (Paris, 1959). 3) P. F. Gonidec's Droit d'outre-mer (Paris, 1959). 4) Michel Jeol's La reforme de la justice en Afrique noire (Paris, 1963). 5) Gilbert Mangin's L'organization judiciaire des états d'Afrique et de Madagascar (Paris, 1962).-21- Cameroon, which enjoyed the same status as that of Togo, proceeded rapidly toward the unification of jurisdictions falling under French law while retaining some customary law influence. Malagasy, which also enjoyed a special status under the French rule, quickly established a unified system of law influenced strongly by the customary law. The Congo and Central African Republic, while preserving the dual system of jurisdictions, have stated they will maintain this system until their respective codes, which are now in preparation, are enacted. Recent studies on this topic which have been received in the Library are: 1) Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée; recueil publié par le Ministère de la France d'outre-mer, (Paris, 1948). 2) F. Luchaire's Droit d'outre-mer (Paris, 1959). 3) P. F. Gonidec's Droit d'outre-mer (Paris, 1959). 4) Michel Jeol's La reforme de la justice en Afrique noire (Paris, 1963). 5) Gilbert Mangin's L'organization judiciaire des états d'Afrique et de Madagascar (Paris, 1962).-21- Cameroon, which enjoyed the same status as that of Togo, proceeded rapidly toward the unification of jurisdictions falling under French law while retaining some customary law influence. Malagasy, which also enjoyed a special status under the French rule, quickly established a unified system of law influenced strongly by the customary law. The Congo and Central African Republic, while preserving the dual system of jurisdictions, have stated they will maintain this system until their respective codes, which are now in preparation, are enacted. Recent studies on this topic which have been received in the Library are: 1) Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée; recueil publié par le Ministère de la France d'outre-mer, (Paris, 1948). 2) F. Luchaire's Droit d'outre-mer (Paris, 1959). 3) P. F. Gonidec's Droit d'outre-mer (Paris, 1959). 4) Michel Jeol's La reforme de la justice en Afrique noire (Paris, 1963). 5) Gilbert Mangin's L'organization judiciaire des états d'Afrique et de Madagascar (Paris, 1962).-21- Cameroon, which enjoyed the same status as that of Togo, proceeded rapidly toward the unification of jurisdictions falling under French law while retaining some customary law influence. Malagasy, which also enjoyed a special status under the French rule, quickly established a unified system of law influenced strongly by the customary law. The Congo and Central African Republic, while preserving the dual system of jurisdictions, have stated they will maintain this system until their respective codes, which are now in preparation, are enacted. Recent studies on this topic which have been received in the Library are: 1) Juris-classeur de la France d'outre-mer, Afrique du Nord exceptée; recueil publié par le Ministère de la France d'outre-mer, (Paris, 1948). 2) F. Luchaire's Droit d'outre-mer (Paris, 1959). 3) P. F. Gonidec's Droit d'outre-mer (Paris, 1959). 4) Michel Jeol's La reforme de la justice en Afrique noire (Paris, 1963). 5) Gilbert Mangin's L'organization judiciaire des états d'Afrique et de Madagascar (Paris, 1962).- 22 - NEAR EAST ARABIC-SPEAKING COUNTRIES Historical Background Before Islam the Arabs lived in an undeveloped pagan society. The existing law then was simply a mass of nonformalized customs. The religion of Islam was introduced in the form of revelations from Allah to the Prophet Muhammad. These revelations, since embodied in the form of the Koran, came at different periods during the last twenty-three years of Muhammad's life (609-632 A.D.). The Prophet Muhammad was born in 570 and died in 632 A.D. Like most prophets denouncing an existing and entrenched paganism, the Prophet met with furious opposition, and he and his followers were persecuted by their opponents. In 622 A.D. he was forced to flee from Mecca to Medina. This flight, known as Hijrah, marks the beginning of the Islamic era and the starting point of Islamic history. In 623 A.D. the Prophet Muhammad, backed by the forces of his followers, achieved supremacy by defeating his opponents in battle at Badr. From 623 on, Muhammad was supreme authority, at first in Medina, and later on in the whole of Arabia. His supremacy, both spiritual and temporal, continued until his death in 632 A.D. - 22 - NEAR EAST ARABIC-SPEAKING COUNTRIES Historical Background Before Islam the Arabs lived in an undeveloped pagan society. The existing law then was simply a mass of nonformalized customs. The religion of Islam was introduced in the form of revelations from Allah to the Prophet Muhammad. These revelations, since embodied in the form of the Koran, came at different periods during the last twenty-three years of Muhammad's life (609-632 A.D.). The Prophet Muhammad was born in 570 and died in 632 A.D. Like most prophets denouncing an existing and entrenched paganism, the Prophet met with furious opposition, and he and his followers were persecuted by their opponents. In 622 A.D. he was forced to flee from Mecca to Medina. This flight, known as Hijrah, marks the beginning of the Islamic era and the starting point of Islamic history. In 623 A.D. the Prophet Muhammad, backed by the forces of his followers, achieved supremacy by defeating his opponents in battle at Badr. From 623 on, Muhammad was supreme authority, at first in Medina, and later on in the whole of Arabia. His supremacy, both spiritual and temporal, continued until his death in 632 A.D. - 22 - NEAR EAST ARABIC-SPEAKING COUNTRIES Historical Background Before Islam the Arabs lived in an undeveloped pagan society. The existing law then was simply a mass of nonformalized customs. The religion of Islam was introduced in the form of revelations from Allah to the Prophet Muhammad. These revelations, since embodied in the form of the Koran, came at different periods during the last twenty-three years of Muhammad's life (609-632 A.D.). The Prophet Muhammad was born in 570 and died in 632 A.D. Like most prophets denouncing an existing and entrenched paganism, the Prophet met with furious opposition, and he and his followers were persecuted by their opponents. In 622 A.D. he was forced to flee from Mecca to Medina. This flight, known as Hijrah, marks the beginning of the Islamic era and the starting point of Islamic history. In 623 A.D. the Prophet Muhammad, backed by the forces of his followers, achieved supremacy by defeating his opponents in battle at Badr. From 623 on, Muhammad was supreme authority, at first in Medina, and later on in the whole of Arabia. His supremacy, both spiritual and temporal, continued until his death in 632 A.D. - 22 - NEAR EAST ARABIC-SPEAKING COUNTRIES Historical Background Before Islam the Arabs lived in an undeveloped pagan society. The existing law then was simply a mass of nonformalized customs. The religion of Islam was introduced in the form of revelations from Allah to the Prophet Muhammad. These revelations, since embodied in the form of the Koran, came at different periods during the last twenty-three years of Muhammad's life (609-632 A.D.). The Prophet Muhammad was born in 570 and died in 632 A.D. Like most prophets denouncing an existing and entrenched paganism, the Prophet met with furious opposition, and he and his followers were persecuted by their opponents. In 622 A.D. he was forced to flee from Mecca to Medina. This flight, known as Hijrah, marks the beginning of the Islamic era and the starting point of Islamic history. In 623 A.D. the Prophet Muhammad, backed by the forces of his followers, achieved supremacy by defeating his opponents in battle at Badr. From 623 on, Muhammad was supreme authority, at first in Medina, and later on in the whole of Arabia. His supremacy, both spiritual and temporal, continued until his death in 632 A.D. - 22 - NEAR EAST ARABIC-SPEAKING COUNTRIES Historical Background Before Islam the Arabs lived in an undeveloped pagan society. The existing law then was simply a mass of nonformalized customs. The religion of Islam was introduced in the form of revelations from Allah to the Prophet Muhammad. These revelations, since embodied in the form of the Koran, came at different periods during the last twenty-three years of Muhammad's life (609-632 A.D.). The Prophet Muhammad was born in 570 and died in 632 A.D. Like most prophets denouncing an existing and entrenched paganism, the Prophet met with furious opposition, and he and his followers were persecuted by their opponents. In 622 A.D. he was forced to flee from Mecca to Medina. This flight, known as Hijrah, marks the beginning of the Islamic era and the starting point of Islamic history. In 623 A.D. the Prophet Muhammad, backed by the forces of his followers, achieved supremacy by defeating his opponents in battle at Badr. From 623 on, Muhammad was supreme authority, at first in Medina, and later on in the whole of Arabia. His supremacy, both spiritual and temporal, continued until his death in 632 A.D. - 23 - When the Prophet Muhammad died, no successor had been designated by him, nor had a system been laid down through which succession could be determined. Disputes immediately took place concerning the right to succession. The supporters of Ali, cousin and son-in-law of the Prophet, pressed his claim on the ground that Muhammad had on one occasion appointed Ali as his vice-regent. The Shi'at Ali (party of Ali) usually referred to more briefly as Shi'ah held him to be Muhammad's successor in both temporal and religious matters; they repudiated election as a means for deciding the succession. The Shi'ah developed what is known as the conception of Imamate, according to which temporal matters occupy a secondary place, and the Imam, who is the leader and interpreter of law on earth, is so simply by Divine Right, not by election. The opponents of Ali, on the other hand, contended that a Khilafah (Caliph) was more a temporal ruler than a religious leader and that, therefore, the Khilafah was not a matter of hereditary succession but one that should be determined by election. According to the conception of the Khilafah held by the Sunnis (opposition party) the leader of the Muslims at any given time is the Khalifah or successor of the Prophet. He must be qualified for election to the office, and he is entitled to hold it only so long as he is found to be fit for it. This difference over the concept of succession marked the first cleavage in Muslim world and resulted in formation of two main Muslim sects: the Shiah and the Sunnah. - 23 - When the Prophet Muhammad died, no successor had been designated by him, nor had a system been laid down through which succession could be determined. Disputes immediately took place concerning the right to succession. The supporters of Ali, cousin and son-in-law of the Prophet, pressed his claim on the ground that Muhammad had on one occasion appointed Ali as his vice-regent. The Shi'at Ali (party of Ali) usually referred to more briefly as Shi'ah held him to be Muhammad's successor in both temporal and religious matters; they repudiated election as a means for deciding the succession. The Shi'ah developed what is known as the conception of Imamate, according to which temporal matters occupy a secondary place, and the Imam, who is the leader and interpreter of law on earth, is so simply by Divine Right, not by election. The opponents of Ali, on the other hand, contended that a Khilafah (Caliph) was more a temporal ruler than a religious leader and that, therefore, the Khilafah was not a matter of hereditary succession but one that should be determined by election. According to the conception of the Khilafah held by the Sunnis (opposition party) the leader of the Muslims at any given time is the Khalifah or successor of the Prophet. He must be qualified for election to the office, and he is entitled to hold it only so long as he is found to be fit for it. This difference over the concept of succession marked the first cleavage in Muslim world and resulted in formation of two main Muslim sects: the Shiah and the Sunnah. - 23 - When the Prophet Muhammad died, no successor had been designated by him, nor had a system been laid down through which succession could be determined. Disputes immediately took place concerning the right to succession. The supporters of Ali, cousin and son-in-law of the Prophet, pressed his claim on the ground that Muhammad had on one occasion appointed Ali as his vice-regent. The Shi'at Ali (party of Ali) usually referred to more briefly as Shi'ah held him to be Muhammad's successor in both temporal and religious matters; they repudiated election as a means for deciding the succession. The Shi'ah developed what is known as the conception of Imamate, according to which temporal matters occupy a secondary place, and the Imam, who is the leader and interpreter of law on earth, is so simply by Divine Right, not by election. The opponents of Ali, on the other hand, contended that a Khilafah (Caliph) was more a temporal ruler than a religious leader and that, therefore, the Khilafah was not a matter of hereditary succession but one that should be determined by election. According to the conception of the Khilafah held by the Sunnis (opposition party) the leader of the Muslims at any given time is the Khalifah or successor of the Prophet. He must be qualified for election to the office, and he is entitled to hold it only so long as he is found to be fit for it. This difference over the concept of succession marked the first cleavage in Muslim world and resulted in formation of two main Muslim sects: the Shiah and the Sunnah. - 23 - When the Prophet Muhammad died, no successor had been designated by him, nor had a system been laid down through which succession could be determined. Disputes immediately took place concerning the right to succession. The supporters of Ali, cousin and son-in-law of the Prophet, pressed his claim on the ground that Muhammad had on one occasion appointed Ali as his vice-regent. The Shi'at Ali (party of Ali) usually referred to more briefly as Shi'ah held him to be Muhammad's successor in both temporal and religious matters; they repudiated election as a means for deciding the succession. The Shi'ah developed what is known as the conception of Imamate, according to which temporal matters occupy a secondary place, and the Imam, who is the leader and interpreter of law on earth, is so simply by Divine Right, not by election. The opponents of Ali, on the other hand, contended that a Khilafah (Caliph) was more a temporal ruler than a religious leader and that, therefore, the Khilafah was not a matter of hereditary succession but one that should be determined by election. According to the conception of the Khilafah held by the Sunnis (opposition party) the leader of the Muslims at any given time is the Khalifah or successor of the Prophet. He must be qualified for election to the office, and he is entitled to hold it only so long as he is found to be fit for it. This difference over the concept of succession marked the first cleavage in Muslim world and resulted in formation of two main Muslim sects: the Shiah and the Sunnah. - 23 - When the Prophet Muhammad died, no successor had been designated by him, nor had a system been laid down through which succession could be determined. Disputes immediately took place concerning the right to succession. The supporters of Ali, cousin and son-in-law of the Prophet, pressed his claim on the ground that Muhammad had on one occasion appointed Ali as his vice-regent. The Shi'at Ali (party of Ali) usually referred to more briefly as Shi'ah held him to be Muhammad's successor in both temporal and religious matters; they repudiated election as a means for deciding the succession. The Shi'ah developed what is known as the conception of Imamate, according to which temporal matters occupy a secondary place, and the Imam, who is the leader and interpreter of law on earth, is so simply by Divine Right, not by election. The opponents of Ali, on the other hand, contended that a Khilafah (Caliph) was more a temporal ruler than a religious leader and that, therefore, the Khilafah was not a matter of hereditary succession but one that should be determined by election. According to the conception of the Khilafah held by the Sunnis (opposition party) the leader of the Muslims at any given time is the Khalifah or successor of the Prophet. He must be qualified for election to the office, and he is entitled to hold it only so long as he is found to be fit for it. This difference over the concept of succession marked the first cleavage in Muslim world and resulted in formation of two main Muslim sects: the Shiah and the Sunnah. - 24 - The ruling dynasty known as the Umayyad was founded in Damascus by Mu'awiyah, who had been the provincial governor. He did so by forcibly seizing power from the fourth Caliph, 'Ali, last of those immediate successors to the Prophet known as "the just Caliphs" (Abu Bakr, Omar, Othman, and 'Ali). It was under this dynasty that Islam made its great territorial expansion. During the latter part of the reign of the Umayyad Caliphs, with the development of a more complex society and an increase in commerce, the growth of Islamic law in its strictly forensic aspect began, and the foundations were laid for the formation of the various schools of Fiqh which is the science of the sacred law. In Joseph Schacht's An Introduction to Islamic Law (Oxford, 1964) he speaks of this period by saying, "During their rule the framework of a new Arab Muslim society was created, and in this society a new administration of justice, an Islamic jurisprudence, and through it, Islamic law itself came into being." - 24 - The ruling dynasty known as the Umayyad was founded in Damascus by Mu'awiyah, who had been the provincial governor. He did so by forcibly seizing power from the fourth Caliph, 'Ali, last of those immediate successors to the Prophet known as "the just Caliphs" (Abu Bakr, Omar, Othman, and 'Ali). It was under this dynasty that Islam made its great territorial expansion. During the latter part of the reign of the Umayyad Caliphs, with the development of a more complex society and an increase in commerce, the growth of Islamic law in its strictly forensic aspect began, and the foundations were laid for the formation of the various schools of Fiqh which is the science of the sacred law. In Joseph Schacht's An Introduction to Islamic Law (Oxford, 1964) he speaks of this period by saying, "During their rule the framework of a new Arab Muslim society was created, and in this society a new administration of justice, an Islamic jurisprudence, and through it, Islamic law itself came into being." - 24 - The ruling dynasty known as the Umayyad was founded in Damascus by Mu'awiyah, who had been the provincial governor. He did so by forcibly seizing power from the fourth Caliph, 'Ali, last of those immediate successors to the Prophet known as "the just Caliphs" (Abu Bakr, Omar, Othman, and 'Ali). It was under this dynasty that Islam made its great territorial expansion. During the latter part of the reign of the Umayyad Caliphs, with the development of a more complex society and an increase in commerce, the growth of Islamic law in its strictly forensic aspect began, and the foundations were laid for the formation of the various schools of Fiqh which is the science of the sacred law. In Joseph Schacht's An Introduction to Islamic Law (Oxford, 1964) he speaks of this period by saying, "During their rule the framework of a new Arab Muslim society was created, and in this society a new administration of justice, an Islamic jurisprudence, and through it, Islamic law itself came into being." - 24 - The ruling dynasty known as the Umayyad was founded in Damascus by Mu'awiyah, who had been the provincial governor. He did so by forcibly seizing power from the fourth Caliph, 'Ali, last of those immediate successors to the Prophet known as "the just Caliphs" (Abu Bakr, Omar, Othman, and 'Ali). It was under this dynasty that Islam made its great territorial expansion. During the latter part of the reign of the Umayyad Caliphs, with the development of a more complex society and an increase in commerce, the growth of Islamic law in its strictly forensic aspect began, and the foundations were laid for the formation of the various schools of Fiqh which is the science of the sacred law. In Joseph Schacht's An Introduction to Islamic Law (Oxford, 1964) he speaks of this period by saying, "During their rule the framework of a new Arab Muslim society was created, and in this society a new administration of justice, an Islamic jurisprudence, and through it, Islamic law itself came into being." - 24 - The ruling dynasty known as the Umayyad was founded in Damascus by Mu'awiyah, who had been the provincial governor. He did so by forcibly seizing power from the fourth Caliph, 'Ali, last of those immediate successors to the Prophet known as "the just Caliphs" (Abu Bakr, Omar, Othman, and 'Ali). It was under this dynasty that Islam made its great territorial expansion. During the latter part of the reign of the Umayyad Caliphs, with the development of a more complex society and an increase in commerce, the growth of Islamic law in its strictly forensic aspect began, and the foundations were laid for the formation of the various schools of Fiqh which is the science of the sacred law. In Joseph Schacht's An Introduction to Islamic Law (Oxford, 1964) he speaks of this period by saying, "During their rule the framework of a new Arab Muslim society was created, and in this society a new administration of justice, an Islamic jurisprudence, and through it, Islamic law itself came into being." - 25 - Overthrowing the Umayyads, the Abbasids took over the Caliphate and moved the capital to Baghdad. During the long reign the culture of Islam reached its highest point. The subject of law was studied scientifically, and its steady development resulted in the establishment of various schools of law. In 1453 the Ottoman Turks swept into Constantinople, bringing the Byzantine Empire to its end. However, frequent wars with Persia and tribal disturbances in many parts of the Peninsula prevented the Ottomans from organizing a stable administration for many years. Early during the nineteenth century the Ottoman government embarked on a reform program establishing municipal and administrative councils and inaugurating a policy of land settlement. This period was followed by two other periods - the occupation by the British and the French during and following the World War I, and the establishing of the majority of the Arab countries as independent states. - 25 - Overthrowing the Umayyads, the Abbasids took over the Caliphate and moved the capital to Baghdad. During the long reign the culture of Islam reached its highest point. The subject of law was studied scientifically, and its steady development resulted in the establishment of various schools of law. In 1453 the Ottoman Turks swept into Constantinople, bringing the Byzantine Empire to its end. However, frequent wars with Persia and tribal disturbances in many parts of the Peninsula prevented the Ottomans from organizing a stable administration for many years. Early during the nineteenth century the Ottoman government embarked on a reform program establishing municipal and administrative councils and inaugurating a policy of land settlement. This period was followed by two other periods - the occupation by the British and the French during and following the World War I, and the establishing of the majority of the Arab countries as independent states. - 25 - Overthrowing the Umayyads, the Abbasids took over the Caliphate and moved the capital to Baghdad. During the long reign the culture of Islam reached its highest point. The subject of law was studied scientifically, and its steady development resulted in the establishment of various schools of law. In 1453 the Ottoman Turks swept into Constantinople, bringing the Byzantine Empire to its end. However, frequent wars with Persia and tribal disturbances in many parts of the Peninsula prevented the Ottomans from organizing a stable administration for many years. Early during the nineteenth century the Ottoman government embarked on a reform program establishing municipal and administrative councils and inaugurating a policy of land settlement. This period was followed by two other periods - the occupation by the British and the French during and following the World War I, and the establishing of the majority of the Arab countries as independent states. - 25 - Overthrowing the Umayyads, the Abbasids took over the Caliphate and moved the capital to Baghdad. During the long reign the culture of Islam reached its highest point. The subject of law was studied scientifically, and its steady development resulted in the establishment of various schools of law. In 1453 the Ottoman Turks swept into Constantinople, bringing the Byzantine Empire to its end. However, frequent wars with Persia and tribal disturbances in many parts of the Peninsula prevented the Ottomans from organizing a stable administration for many years. Early during the nineteenth century the Ottoman government embarked on a reform program establishing municipal and administrative councils and inaugurating a policy of land settlement. This period was followed by two other periods - the occupation by the British and the French during and following the World War I, and the establishing of the majority of the Arab countries as independent states. - 25 - Overthrowing the Umayyads, the Abbasids took over the Caliphate and moved the capital to Baghdad. During the long reign the culture of Islam reached its highest point. The subject of law was studied scientifically, and its steady development resulted in the establishment of various schools of law. In 1453 the Ottoman Turks swept into Constantinople, bringing the Byzantine Empire to its end. However, frequent wars with Persia and tribal disturbances in many parts of the Peninsula prevented the Ottomans from organizing a stable administration for many years. Early during the nineteenth century the Ottoman government embarked on a reform program establishing municipal and administrative councils and inaugurating a policy of land settlement. This period was followed by two other periods - the occupation by the British and the French during and following the World War I, and the establishing of the majority of the Arab countries as independent states. - 26 - Present-day Arab Near East law can be traced to four significant sources: Islamic law; Ottoman law; British and French military occupation law; and laws promulgated by the national governments. Islamic Law As it was mentioned earlier, the Prophet Muhammad introduced law through the revelations of the Koran and through his behavior and sayings during his lifetime. However, this does not mean that Islam brought a complete departure from pre-Islamic customs; on the contrary, there is no doubt that pre-Islamic customs provide the groundwork of Islamic law. The Koran's position could be summarized as that of an amending law which provided for changes and consolidation in the law already existing. Customs and usages which were not prohibited by the Prophet continued to be lawful. Some of the pre-Islamic customs perpetuated in Islamic law are the rules of inheritance, the acknowledgment of paternity, dowry, divorce, etc. Islam, it is said, merely introduced certain changes into all these rules in order to adapt them to the needs of the more advanced community. - 26 - Present-day Arab Near East law can be traced to four significant sources: Islamic law; Ottoman law; British and French military occupation law; and laws promulgated by the national governments. Islamic Law As it was mentioned earlier, the Prophet Muhammad introduced law through the revelations of the Koran and through his behavior and sayings during his lifetime. However, this does not mean that Islam brought a complete departure from pre-Islamic customs; on the contrary, there is no doubt that pre-Islamic customs provide the groundwork of Islamic law. The Koran's position could be summarized as that of an amending law which provided for changes and consolidation in the law already existing. Customs and usages which were not prohibited by the Prophet continued to be lawful. Some of the pre-Islamic customs perpetuated in Islamic law are the rules of inheritance, the acknowledgment of paternity, dowry, divorce, etc. Islam, it is said, merely introduced certain changes into all these rules in order to adapt them to the needs of the more advanced community. - 26 - Present-day Arab Near East law can be traced to four significant sources: Islamic law; Ottoman law; British and French military occupation law; and laws promulgated by the national governments. Islamic Law As it was mentioned earlier, the Prophet Muhammad introduced law through the revelations of the Koran and through his behavior and sayings during his lifetime. However, this does not mean that Islam brought a complete departure from pre-Islamic customs; on the contrary, there is no doubt that pre-Islamic customs provide the groundwork of Islamic law. The Koran's position could be summarized as that of an amending law which provided for changes and consolidation in the law already existing. Customs and usages which were not prohibited by the Prophet continued to be lawful. Some of the pre-Islamic customs perpetuated in Islamic law are the rules of inheritance, the acknowledgment of paternity, dowry, divorce, etc. Islam, it is said, merely introduced certain changes into all these rules in order to adapt them to the needs of the more advanced community. - 26 - Present-day Arab Near East law can be traced to four significant sources: Islamic law; Ottoman law; British and French military occupation law; and laws promulgated by the national governments. Islamic Law As it was mentioned earlier, the Prophet Muhammad introduced law through the revelations of the Koran and through his behavior and sayings during his lifetime. However, this does not mean that Islam brought a complete departure from pre-Islamic customs; on the contrary, there is no doubt that pre-Islamic customs provide the groundwork of Islamic law. The Koran's position could be summarized as that of an amending law which provided for changes and consolidation in the law already existing. Customs and usages which were not prohibited by the Prophet continued to be lawful. Some of the pre-Islamic customs perpetuated in Islamic law are the rules of inheritance, the acknowledgment of paternity, dowry, divorce, etc. Islam, it is said, merely introduced certain changes into all these rules in order to adapt them to the needs of the more advanced community. - 26 - Present-day Arab Near East law can be traced to four significant sources: Islamic law; Ottoman law; British and French military occupation law; and laws promulgated by the national governments. Islamic Law As it was mentioned earlier, the Prophet Muhammad introduced law through the revelations of the Koran and through his behavior and sayings during his lifetime. However, this does not mean that Islam brought a complete departure from pre-Islamic customs; on the contrary, there is no doubt that pre-Islamic customs provide the groundwork of Islamic law. The Koran's position could be summarized as that of an amending law which provided for changes and consolidation in the law already existing. Customs and usages which were not prohibited by the Prophet continued to be lawful. Some of the pre-Islamic customs perpetuated in Islamic law are the rules of inheritance, the acknowledgment of paternity, dowry, divorce, etc. Islam, it is said, merely introduced certain changes into all these rules in order to adapt them to the needs of the more advanced community. - 27 - Ottoman Law The last of the conquerors to control the Arab Near East were the Ottomans. The influence of Ottoman domination on the development of law has been considerable. Muslim religious law (Shari'a) formed the basis of the Ottoman law. The entire system of Shari'a law was and still is considered by Muslims as being of divine origin. The consequence of this conception of law was the applicability of its rules to Muslims alone. Non-Muslims were given the choice of either adopting Islam and becoming equal in their rights to toher Muslims, or of being left to live by their own religious laws under the protection of Islam. This situation continued until the reforms in the Ottoman law began in the nineteenth century, influenced by contemporary European legislation. The tendency toward a unified system of law brought about the suggested reforms of 1839. - 27 - Ottoman Law The last of the conquerors to control the Arab Near East were the Ottomans. The influence of Ottoman domination on the development of law has been considerable. Muslim religious law (Shari'a) formed the basis of the Ottoman law. The entire system of Shari'a law was and still is considered by Muslims as being of divine origin. The consequence of this conception of law was the applicability of its rules to Muslims alone. Non-Muslims were given the choice of either adopting Islam and becoming equal in their rights to toher Muslims, or of being left to live by their own religious laws under the protection of Islam. This situation continued until the reforms in the Ottoman law began in the nineteenth century, influenced by contemporary European legislation. The tendency toward a unified system of law brought about the suggested reforms of 1839. - 27 - Ottoman Law The last of the conquerors to control the Arab Near East were the Ottomans. The influence of Ottoman domination on the development of law has been considerable. Muslim religious law (Shari'a) formed the basis of the Ottoman law. The entire system of Shari'a law was and still is considered by Muslims as being of divine origin. The consequence of this conception of law was the applicability of its rules to Muslims alone. Non-Muslims were given the choice of either adopting Islam and becoming equal in their rights to toher Muslims, or of being left to live by their own religious laws under the protection of Islam. This situation continued until the reforms in the Ottoman law began in the nineteenth century, influenced by contemporary European legislation. The tendency toward a unified system of law brought about the suggested reforms of 1839. - 27 - Ottoman Law The last of the conquerors to control the Arab Near East were the Ottomans. The influence of Ottoman domination on the development of law has been considerable. Muslim religious law (Shari'a) formed the basis of the Ottoman law. The entire system of Shari'a law was and still is considered by Muslims as being of divine origin. The consequence of this conception of law was the applicability of its rules to Muslims alone. Non-Muslims were given the choice of either adopting Islam and becoming equal in their rights to toher Muslims, or of being left to live by their own religious laws under the protection of Islam. This situation continued until the reforms in the Ottoman law began in the nineteenth century, influenced by contemporary European legislation. The tendency toward a unified system of law brought about the suggested reforms of 1839. - 27 - Ottoman Law The last of the conquerors to control the Arab Near East were the Ottomans. The influence of Ottoman domination on the development of law has been considerable. Muslim religious law (Shari'a) formed the basis of the Ottoman law. The entire system of Shari'a law was and still is considered by Muslims as being of divine origin. The consequence of this conception of law was the applicability of its rules to Muslims alone. Non-Muslims were given the choice of either adopting Islam and becoming equal in their rights to toher Muslims, or of being left to live by their own religious laws under the protection of Islam. This situation continued until the reforms in the Ottoman law began in the nineteenth century, influenced by contemporary European legislation. The tendency toward a unified system of law brought about the suggested reforms of 1839. - 28 - British and French Military Occupation Law When the Arab Near East was brought under direct military control, British and French military authorities established a new legal system. Shortly after the end of hostilities new laws were enacted as emergency measures. Many of these enactments were continued in force even after the election of the national legislature. The most important changes or additions were made in the field of criminal and civil law. New penal codes were promulgated to replace the Ottoman Penal Code. Also certain complimentary legislation was introduced into the field of Ottoman civil law (Mejella). At times the civil law, which was based on principles of Islamic law, was completely replaced by a legislation based on Western legal principles such as the Code of Obligations in Lebanon. Outside the urban centers, a large percentage of the inhabitants of the area were and still are tribesmen. New tribal and criminal and civil regulations were provided based on tribal customary law. - 28 - British and French Military Occupation Law When the Arab Near East was brought under direct military control, British and French military authorities established a new legal system. Shortly after the end of hostilities new laws were enacted as emergency measures. Many of these enactments were continued in force even after the election of the national legislature. The most important changes or additions were made in the field of criminal and civil law. New penal codes were promulgated to replace the Ottoman Penal Code. Also certain complimentary legislation was introduced into the field of Ottoman civil law (Mejella). At times the civil law, which was based on principles of Islamic law, was completely replaced by a legislation based on Western legal principles such as the Code of Obligations in Lebanon. Outside the urban centers, a large percentage of the inhabitants of the area were and still are tribesmen. New tribal and criminal and civil regulations were provided based on tribal customary law. - 28 - British and French Military Occupation Law When the Arab Near East was brought under direct military control, British and French military authorities established a new legal system. Shortly after the end of hostilities new laws were enacted as emergency measures. Many of these enactments were continued in force even after the election of the national legislature. The most important changes or additions were made in the field of criminal and civil law. New penal codes were promulgated to replace the Ottoman Penal Code. Also certain complimentary legislation was introduced into the field of Ottoman civil law (Mejella). At times the civil law, which was based on principles of Islamic law, was completely replaced by a legislation based on Western legal principles such as the Code of Obligations in Lebanon. Outside the urban centers, a large percentage of the inhabitants of the area were and still are tribesmen. New tribal and criminal and civil regulations were provided based on tribal customary law. - 28 - British and French Military Occupation Law When the Arab Near East was brought under direct military control, British and French military authorities established a new legal system. Shortly after the end of hostilities new laws were enacted as emergency measures. Many of these enactments were continued in force even after the election of the national legislature. The most important changes or additions were made in the field of criminal and civil law. New penal codes were promulgated to replace the Ottoman Penal Code. Also certain complimentary legislation was introduced into the field of Ottoman civil law (Mejella). At times the civil law, which was based on principles of Islamic law, was completely replaced by a legislation based on Western legal principles such as the Code of Obligations in Lebanon. Outside the urban centers, a large percentage of the inhabitants of the area were and still are tribesmen. New tribal and criminal and civil regulations were provided based on tribal customary law. - 28 - British and French Military Occupation Law When the Arab Near East was brought under direct military control, British and French military authorities established a new legal system. Shortly after the end of hostilities new laws were enacted as emergency measures. Many of these enactments were continued in force even after the election of the national legislature. The most important changes or additions were made in the field of criminal and civil law. New penal codes were promulgated to replace the Ottoman Penal Code. Also certain complimentary legislation was introduced into the field of Ottoman civil law (Mejella). At times the civil law, which was based on principles of Islamic law, was completely replaced by a legislation based on Western legal principles such as the Code of Obligations in Lebanon. Outside the urban centers, a large percentage of the inhabitants of the area were and still are tribesmen. New tribal and criminal and civil regulations were provided based on tribal customary law. - 29 - National Governments Legislation Gradually the legislative power was transferred from the hands of military occupation authorities and provisional administrations to those of the dually elected national legislature. All new laws have been passed in the manner prescribed by the constitutions. The national legislature of the Arab countries have regularly enacted laws ridding themselves of much inherited legislation which is now out of date and unsuited to the needs of modern community. - 29 - National Governments Legislation Gradually the legislative power was transferred from the hands of military occupation authorities and provisional administrations to those of the dually elected national legislature. All new laws have been passed in the manner prescribed by the constitutions. The national legislature of the Arab countries have regularly enacted laws ridding themselves of much inherited legislation which is now out of date and unsuited to the needs of modern community. - 29 - National Governments Legislation Gradually the legislative power was transferred from the hands of military occupation authorities and provisional administrations to those of the dually elected national legislature. All new laws have been passed in the manner prescribed by the constitutions. The national legislature of the Arab countries have regularly enacted laws ridding themselves of much inherited legislation which is now out of date and unsuited to the needs of modern community. - 29 - National Governments Legislation Gradually the legislative power was transferred from the hands of military occupation authorities and provisional administrations to those of the dually elected national legislature. All new laws have been passed in the manner prescribed by the constitutions. The national legislature of the Arab countries have regularly enacted laws ridding themselves of much inherited legislation which is now out of date and unsuited to the needs of modern community. - 29 - National Governments Legislation Gradually the legislative power was transferred from the hands of military occupation authorities and provisional administrations to those of the dually elected national legislature. All new laws have been passed in the manner prescribed by the constitutions. The national legislature of the Arab countries have regularly enacted laws ridding themselves of much inherited legislation which is now out of date and unsuited to the needs of modern community. - 30 - Subhi Rajab al-Mahmasani's al-Awda' al-tashri'iyah (Beirut, 1957) discusses the legal systems, both past and present, of the Arab countries. Also is [Mustafa] 'Umar Mamduh Mustafa's book on the principles of legal history entitled Usul tarikh al-qanun (Alexandria, Egypt, 1960). 'Abd al-Rassaq Ahmad al-Sanhuri and Ahmad Hishmat Abu Stit have a publication,which concerns the introduction to the study of law, entitled Usul al-qanun wa al-Madkhal liderasat al-qanun (Cairo, 1952). On the theoretical and practical study in Egypt and Syria is Mustafa Kamal Wasfi al-Rifa'i's Usul ijra'at al-qada' al-idari (Cairo, 1961) in two volumes. Most recent is Hasan 'Akkush's legal encyclopaedia on the new drug legislation entitled al-Mawsu'ah al-qada'iyah fi sharb qanun al-mukhaddirat al-jadid (Cairo, 1966). Zaki al-Din Sha'ban's book Usul al-fiqh al-Islami (Cairo, 1964-65) concerns the principles of Islamic law. Idwar 'Id's publication, which concerns the principles of court procedures for civil and commercial actions, is in two volumes and its entitled Usul al-[ma]hakamat fi qadava al-madaniyah wa-al-tijariyah, (Beirut, 1964). - 30 - Subhi Rajab al-Mahmasani's al-Awda' al-tashri'iyah (Beirut, 1957) discusses the legal systems, both past and present, of the Arab countries. Also is [Mustafa] 'Umar Mamduh Mustafa's book on the principles of legal history entitled Usul tarikh al-qanun (Alexandria, Egypt, 1960). 'Abd al-Rassaq Ahmad al-Sanhuri and Ahmad Hishmat Abu Stit have a publication,which concerns the introduction to the study of law, entitled Usul al-qanun wa al-Madkhal liderasat al-qanun (Cairo, 1952). On the theoretical and practical study in Egypt and Syria is Mustafa Kamal Wasfi al-Rifa'i's Usul ijra'at al-qada' al-idari (Cairo, 1961) in two volumes. Most recent is Hasan 'Akkush's legal encyclopaedia on the new drug legislation entitled al-Mawsu'ah al-qada'iyah fi sharb qanun al-mukhaddirat al-jadid (Cairo, 1966). Zaki al-Din Sha'ban's book Usul al-fiqh al-Islami (Cairo, 1964-65) concerns the principles of Islamic law. Idwar 'Id's publication, which concerns the principles of court procedures for civil and commercial actions, is in two volumes and its entitled Usul al-[ma]hakamat fi qadava al-madaniyah wa-al-tijariyah, (Beirut, 1964). - 30 - Subhi Rajab al-Mahmasani's al-Awda' al-tashri'iyah (Beirut, 1957) discusses the legal systems, both past and present, of the Arab countries. Also is [Mustafa] 'Umar Mamduh Mustafa's book on the principles of legal history entitled Usul tarikh al-qanun (Alexandria, Egypt, 1960). 'Abd al-Rassaq Ahmad al-Sanhuri and Ahmad Hishmat Abu Stit have a publication,which concerns the introduction to the study of law, entitled Usul al-qanun wa al-Madkhal liderasat al-qanun (Cairo, 1952). On the theoretical and practical study in Egypt and Syria is Mustafa Kamal Wasfi al-Rifa'i's Usul ijra'at al-qada' al-idari (Cairo, 1961) in two volumes. Most recent is Hasan 'Akkush's legal encyclopaedia on the new drug legislation entitled al-Mawsu'ah al-qada'iyah fi sharb qanun al-mukhaddirat al-jadid (Cairo, 1966). Zaki al-Din Sha'ban's book Usul al-fiqh al-Islami (Cairo, 1964-65) concerns the principles of Islamic law. Idwar 'Id's publication, which concerns the principles of court procedures for civil and commercial actions, is in two volumes and its entitled Usul al-[ma]hakamat fi qadava al-madaniyah wa-al-tijariyah, (Beirut, 1964). - 30 - Subhi Rajab al-Mahmasani's al-Awda' al-tashri'iyah (Beirut, 1957) discusses the legal systems, both past and present, of the Arab countries. Also is [Mustafa] 'Umar Mamduh Mustafa's book on the principles of legal history entitled Usul tarikh al-qanun (Alexandria, Egypt, 1960). 'Abd al-Rassaq Ahmad al-Sanhuri and Ahmad Hishmat Abu Stit have a publication,which concerns the introduction to the study of law, entitled Usul al-qanun wa al-Madkhal liderasat al-qanun (Cairo, 1952). On the theoretical and practical study in Egypt and Syria is Mustafa Kamal Wasfi al-Rifa'i's Usul ijra'at al-qada' al-idari (Cairo, 1961) in two volumes. Most recent is Hasan 'Akkush's legal encyclopaedia on the new drug legislation entitled al-Mawsu'ah al-qada'iyah fi sharb qanun al-mukhaddirat al-jadid (Cairo, 1966). Zaki al-Din Sha'ban's book Usul al-fiqh al-Islami (Cairo, 1964-65) concerns the principles of Islamic law. Idwar 'Id's publication, which concerns the principles of court procedures for civil and commercial actions, is in two volumes and its entitled Usul al-[ma]hakamat fi qadava al-madaniyah wa-al-tijariyah, (Beirut, 1964). - 30 - Subhi Rajab al-Mahmasani's al-Awda' al-tashri'iyah (Beirut, 1957) discusses the legal systems, both past and present, of the Arab countries. Also is [Mustafa] 'Umar Mamduh Mustafa's book on the principles of legal history entitled Usul tarikh al-qanun (Alexandria, Egypt, 1960). 'Abd al-Rassaq Ahmad al-Sanhuri and Ahmad Hishmat Abu Stit have a publication,which concerns the introduction to the study of law, entitled Usul al-qanun wa al-Madkhal liderasat al-qanun (Cairo, 1952). On the theoretical and practical study in Egypt and Syria is Mustafa Kamal Wasfi al-Rifa'i's Usul ijra'at al-qada' al-idari (Cairo, 1961) in two volumes. Most recent is Hasan 'Akkush's legal encyclopaedia on the new drug legislation entitled al-Mawsu'ah al-qada'iyah fi sharb qanun al-mukhaddirat al-jadid (Cairo, 1966). Zaki al-Din Sha'ban's book Usul al-fiqh al-Islami (Cairo, 1964-65) concerns the principles of Islamic law. Idwar 'Id's publication, which concerns the principles of court procedures for civil and commercial actions, is in two volumes and its entitled Usul al-[ma]hakamat fi qadava al-madaniyah wa-al-tijariyah, (Beirut, 1964). - 31 - TURKEY The historical developments of the Turkish legal system are traced back to the Ottoman conquest of the Byzantine Empire. The period covered is roughly from 1390 to present. It is divided into three spans, i.e. the Ottoman period, the Tansimat or reforms period under the Sultans, and the establishment of the Republic. Ottoman Period During this period the basic rules of conduct of the Empire were those found in the Koran, which was not only a religious book, but also a code of laws. This law was administered by the Sharia (religious) courts. - 31 - TURKEY The historical developments of the Turkish legal system are traced back to the Ottoman conquest of the Byzantine Empire. The period covered is roughly from 1390 to present. It is divided into three spans, i.e. the Ottoman period, the Tansimat or reforms period under the Sultans, and the establishment of the Republic. Ottoman Period During this period the basic rules of conduct of the Empire were those found in the Koran, which was not only a religious book, but also a code of laws. This law was administered by the Sharia (religious) courts. - 31 - TURKEY The historical developments of the Turkish legal system are traced back to the Ottoman conquest of the Byzantine Empire. The period covered is roughly from 1390 to present. It is divided into three spans, i.e. the Ottoman period, the Tansimat or reforms period under the Sultans, and the establishment of the Republic. Ottoman Period During this period the basic rules of conduct of the Empire were those found in the Koran, which was not only a religious book, but also a code of laws. This law was administered by the Sharia (religious) courts. - 31 - TURKEY The historical developments of the Turkish legal system are traced back to the Ottoman conquest of the Byzantine Empire. The period covered is roughly from 1390 to present. It is divided into three spans, i.e. the Ottoman period, the Tansimat or reforms period under the Sultans, and the establishment of the Republic. Ottoman Period During this period the basic rules of conduct of the Empire were those found in the Koran, which was not only a religious book, but also a code of laws. This law was administered by the Sharia (religious) courts. - 31 - TURKEY The historical developments of the Turkish legal system are traced back to the Ottoman conquest of the Byzantine Empire. The period covered is roughly from 1390 to present. It is divided into three spans, i.e. the Ottoman period, the Tansimat or reforms period under the Sultans, and the establishment of the Republic. Ottoman Period During this period the basic rules of conduct of the Empire were those found in the Koran, which was not only a religious book, but also a code of laws. This law was administered by the Sharia (religious) courts. - 32 - Later on this religious law was supplemented by acts and decrees promulgated by Sultans. Those acts and decrees were not supposed to be in conflict with the basic rules of the Koran. New secular (Nizamiye) courts were established for the implementation of this secular rules. The royal decrees and edicts concerning the administration, land tenure, customs, markets and ports, mines and salt mines, and fiscal and monetary legislation for the years 1390 through 1512 are presented and described in N. Beldiceanu's Les actes des premiers Sultans conservée dans les manuscrits Tures de la Bibliotheque Nationale a Paris (Paris, 1960), a recent acquisition of the Library. - 32 - Later on this religious law was supplemented by acts and decrees promulgated by Sultans. Those acts and decrees were not supposed to be in conflict with the basic rules of the Koran. New secular (Nizamiye) courts were established for the implementation of this secular rules. The royal decrees and edicts concerning the administration, land tenure, customs, markets and ports, mines and salt mines, and fiscal and monetary legislation for the years 1390 through 1512 are presented and described in N. Beldiceanu's Les actes des premiers Sultans conservée dans les manuscrits Tures de la Bibliotheque Nationale a Paris (Paris, 1960), a recent acquisition of the Library. - 32 - Later on this religious law was supplemented by acts and decrees promulgated by Sultans. Those acts and decrees were not supposed to be in conflict with the basic rules of the Koran. New secular (Nizamiye) courts were established for the implementation of this secular rules. The royal decrees and edicts concerning the administration, land tenure, customs, markets and ports, mines and salt mines, and fiscal and monetary legislation for the years 1390 through 1512 are presented and described in N. Beldiceanu's Les actes des premiers Sultans conservée dans les manuscrits Tures de la Bibliotheque Nationale a Paris (Paris, 1960), a recent acquisition of the Library. - 32 - Later on this religious law was supplemented by acts and decrees promulgated by Sultans. Those acts and decrees were not supposed to be in conflict with the basic rules of the Koran. New secular (Nizamiye) courts were established for the implementation of this secular rules. The royal decrees and edicts concerning the administration, land tenure, customs, markets and ports, mines and salt mines, and fiscal and monetary legislation for the years 1390 through 1512 are presented and described in N. Beldiceanu's Les actes des premiers Sultans conservée dans les manuscrits Tures de la Bibliotheque Nationale a Paris (Paris, 1960), a recent acquisition of the Library. - 32 - Later on this religious law was supplemented by acts and decrees promulgated by Sultans. Those acts and decrees were not supposed to be in conflict with the basic rules of the Koran. New secular (Nizamiye) courts were established for the implementation of this secular rules. The royal decrees and edicts concerning the administration, land tenure, customs, markets and ports, mines and salt mines, and fiscal and monetary legislation for the years 1390 through 1512 are presented and described in N. Beldiceanu's Les actes des premiers Sultans conservée dans les manuscrits Tures de la Bibliotheque Nationale a Paris (Paris, 1960), a recent acquisition of the Library. - 33 - A special jurisdiction was recognized to non-Muslim communities with their own communal courts under the supervision of the heads of Christian and Jewish communities, as Patriarch or Chief Rabbi. For this period and later on until the declaration of the Republic, it is worth mentioning the special privileges granted because of capitulations by the Ottoman Government for the benefit of foreign nationals settled within the Empire. A book written on this subject in 1906 by Le Comte F. Van den Steen de Jehay is De la situation des sujets Ottomans non-Musulmans. Tansimat Period The first period lasted until 1839 when Sultan Abdulasis issued the Hatti Sherif (the Noble Rescript) of Gulhane, an imperial edict concerning legal, political, fiscal, and military reforms. - 33 - A special jurisdiction was recognized to non-Muslim communities with their own communal courts under the supervision of the heads of Christian and Jewish communities, as Patriarch or Chief Rabbi. For this period and later on until the declaration of the Republic, it is worth mentioning the special privileges granted because of capitulations by the Ottoman Government for the benefit of foreign nationals settled within the Empire. A book written on this subject in 1906 by Le Comte F. Van den Steen de Jehay is De la situation des sujets Ottomans non-Musulmans. Tansimat Period The first period lasted until 1839 when Sultan Abdulasis issued the Hatti Sherif (the Noble Rescript) of Gulhane, an imperial edict concerning legal, political, fiscal, and military reforms. - 33 - A special jurisdiction was recognized to non-Muslim communities with their own communal courts under the supervision of the heads of Christian and Jewish communities, as Patriarch or Chief Rabbi. For this period and later on until the declaration of the Republic, it is worth mentioning the special privileges granted because of capitulations by the Ottoman Government for the benefit of foreign nationals settled within the Empire. A book written on this subject in 1906 by Le Comte F. Van den Steen de Jehay is De la situation des sujets Ottomans non-Musulmans. Tansimat Period The first period lasted until 1839 when Sultan Abdulasis issued the Hatti Sherif (the Noble Rescript) of Gulhane, an imperial edict concerning legal, political, fiscal, and military reforms. - 33 - A special jurisdiction was recognized to non-Muslim communities with their own communal courts under the supervision of the heads of Christian and Jewish communities, as Patriarch or Chief Rabbi. For this period and later on until the declaration of the Republic, it is worth mentioning the special privileges granted because of capitulations by the Ottoman Government for the benefit of foreign nationals settled within the Empire. A book written on this subject in 1906 by Le Comte F. Van den Steen de Jehay is De la situation des sujets Ottomans non-Musulmans. Tansimat Period The first period lasted until 1839 when Sultan Abdulasis issued the Hatti Sherif (the Noble Rescript) of Gulhane, an imperial edict concerning legal, political, fiscal, and military reforms. - 33 - A special jurisdiction was recognized to non-Muslim communities with their own communal courts under the supervision of the heads of Christian and Jewish communities, as Patriarch or Chief Rabbi. For this period and later on until the declaration of the Republic, it is worth mentioning the special privileges granted because of capitulations by the Ottoman Government for the benefit of foreign nationals settled within the Empire. A book written on this subject in 1906 by Le Comte F. Van den Steen de Jehay is De la situation des sujets Ottomans non-Musulmans. Tansimat Period The first period lasted until 1839 when Sultan Abdulasis issued the Hatti Sherif (the Noble Rescript) of Gulhane, an imperial edict concerning legal, political, fiscal, and military reforms. - 34 - As a result of the declaration of the Firman of Reforms, a Reforms Council was created for the purpose of implementing the reforms promised by the Rescript. Later, this bod was divided into: a Council of Reformation (Meclisi Aliyi Tasimat) to consider the proposed legislation, and a Council of Justice (Meclisi Ahkami Adliye) to exercise the judicial power. In 1868, after visiting France, Sultan Abdulasis declared the creation of the Council of State (Surayi Devlet). This administrative body, modeled after the French Conseil d'Etat, became the highest administrative court designed to deal with administrative disputes. It also acted as an advisory council for the Ottoman Empire; examined and prepared the drafts of all laws, decrees, and regulations; prepared the budget; and advised on questions referred to it by the Sultans or by other governmental branches. Also in 1868 a Court of Justice (Divani Ahkami Adliye) was created in order to consider all cases which were not under the jurisdiction of religious courts, or under the jurisdiction recognized to the Christian and Jewish communities. - 34 - As a result of the declaration of the Firman of Reforms, a Reforms Council was created for the purpose of implementing the reforms promised by the Rescript. Later, this bod was divided into: a Council of Reformation (Meclisi Aliyi Tasimat) to consider the proposed legislation, and a Council of Justice (Meclisi Ahkami Adliye) to exercise the judicial power. In 1868, after visiting France, Sultan Abdulasis declared the creation of the Council of State (Surayi Devlet). This administrative body, modeled after the French Conseil d'Etat, became the highest administrative court designed to deal with administrative disputes. It also acted as an advisory council for the Ottoman Empire; examined and prepared the drafts of all laws, decrees, and regulations; prepared the budget; and advised on questions referred to it by the Sultans or by other governmental branches. Also in 1868 a Court of Justice (Divani Ahkami Adliye) was created in order to consider all cases which were not under the jurisdiction of religious courts, or under the jurisdiction recognized to the Christian and Jewish communities. - 34 - As a result of the declaration of the Firman of Reforms, a Reforms Council was created for the purpose of implementing the reforms promised by the Rescript. Later, this bod was divided into: a Council of Reformation (Meclisi Aliyi Tasimat) to consider the proposed legislation, and a Council of Justice (Meclisi Ahkami Adliye) to exercise the judicial power. In 1868, after visiting France, Sultan Abdulasis declared the creation of the Council of State (Surayi Devlet). This administrative body, modeled after the French Conseil d'Etat, became the highest administrative court designed to deal with administrative disputes. It also acted as an advisory council for the Ottoman Empire; examined and prepared the drafts of all laws, decrees, and regulations; prepared the budget; and advised on questions referred to it by the Sultans or by other governmental branches. Also in 1868 a Court of Justice (Divani Ahkami Adliye) was created in order to consider all cases which were not under the jurisdiction of religious courts, or under the jurisdiction recognized to the Christian and Jewish communities. - 34 - As a result of the declaration of the Firman of Reforms, a Reforms Council was created for the purpose of implementing the reforms promised by the Rescript. Later, this bod was divided into: a Council of Reformation (Meclisi Aliyi Tasimat) to consider the proposed legislation, and a Council of Justice (Meclisi Ahkami Adliye) to exercise the judicial power. In 1868, after visiting France, Sultan Abdulasis declared the creation of the Council of State (Surayi Devlet). This administrative body, modeled after the French Conseil d'Etat, became the highest administrative court designed to deal with administrative disputes. It also acted as an advisory council for the Ottoman Empire; examined and prepared the drafts of all laws, decrees, and regulations; prepared the budget; and advised on questions referred to it by the Sultans or by other governmental branches. Also in 1868 a Court of Justice (Divani Ahkami Adliye) was created in order to consider all cases which were not under the jurisdiction of religious courts, or under the jurisdiction recognized to the Christian and Jewish communities. - 34 - As a result of the declaration of the Firman of Reforms, a Reforms Council was created for the purpose of implementing the reforms promised by the Rescript. Later, this bod was divided into: a Council of Reformation (Meclisi Aliyi Tasimat) to consider the proposed legislation, and a Council of Justice (Meclisi Ahkami Adliye) to exercise the judicial power. In 1868, after visiting France, Sultan Abdulasis declared the creation of the Council of State (Surayi Devlet). This administrative body, modeled after the French Conseil d'Etat, became the highest administrative court designed to deal with administrative disputes. It also acted as an advisory council for the Ottoman Empire; examined and prepared the drafts of all laws, decrees, and regulations; prepared the budget; and advised on questions referred to it by the Sultans or by other governmental branches. Also in 1868 a Court of Justice (Divani Ahkami Adliye) was created in order to consider all cases which were not under the jurisdiction of religious courts, or under the jurisdiction recognized to the Christian and Jewish communities. - 34 a - This second period could be considered as the beginning of a radical change in the social and legal life of the Empire, and also the opening of a door for a slight move toward Western political and legal concepts which produced some laws and regulations of European origin, especially in French pattern. The first Ottoman Penal Code promulgated in 1858 was inspired by the French, as was the Commercial Code of 1861 and the Maritime Law of 1864. The implementation of these laws was assigned to secular courts, while laws on personal status and family relations remained within the jurisdiction of religious courts. In spite of the presence of these regulations and secular laws, the absence of a Civil Code and of a Code of Contracts created difficulties since these laws were not sufficient to solve every kind of legal question and did not provide for all circumstances. - 34 a - This second period could be considered as the beginning of a radical change in the social and legal life of the Empire, and also the opening of a door for a slight move toward Western political and legal concepts which produced some laws and regulations of European origin, especially in French pattern. The first Ottoman Penal Code promulgated in 1858 was inspired by the French, as was the Commercial Code of 1861 and the Maritime Law of 1864. The implementation of these laws was assigned to secular courts, while laws on personal status and family relations remained within the jurisdiction of religious courts. In spite of the presence of these regulations and secular laws, the absence of a Civil Code and of a Code of Contracts created difficulties since these laws were not sufficient to solve every kind of legal question and did not provide for all circumstances. - 34 a - This second period could be considered as the beginning of a radical change in the social and legal life of the Empire, and also the opening of a door for a slight move toward Western political and legal concepts which produced some laws and regulations of European origin, especially in French pattern. The first Ottoman Penal Code promulgated in 1858 was inspired by the French, as was the Commercial Code of 1861 and the Maritime Law of 1864. The implementation of these laws was assigned to secular courts, while laws on personal status and family relations remained within the jurisdiction of religious courts. In spite of the presence of these regulations and secular laws, the absence of a Civil Code and of a Code of Contracts created difficulties since these laws were not sufficient to solve every kind of legal question and did not provide for all circumstances. - 34 a - This second period could be considered as the beginning of a radical change in the social and legal life of the Empire, and also the opening of a door for a slight move toward Western political and legal concepts which produced some laws and regulations of European origin, especially in French pattern. The first Ottoman Penal Code promulgated in 1858 was inspired by the French, as was the Commercial Code of 1861 and the Maritime Law of 1864. The implementation of these laws was assigned to secular courts, while laws on personal status and family relations remained within the jurisdiction of religious courts. In spite of the presence of these regulations and secular laws, the absence of a Civil Code and of a Code of Contracts created difficulties since these laws were not sufficient to solve every kind of legal question and did not provide for all circumstances. - 34 a - This second period could be considered as the beginning of a radical change in the social and legal life of the Empire, and also the opening of a door for a slight move toward Western political and legal concepts which produced some laws and regulations of European origin, especially in French pattern. The first Ottoman Penal Code promulgated in 1858 was inspired by the French, as was the Commercial Code of 1861 and the Maritime Law of 1864. The implementation of these laws was assigned to secular courts, while laws on personal status and family relations remained within the jurisdiction of religious courts. In spite of the presence of these regulations and secular laws, the absence of a Civil Code and of a Code of Contracts created difficulties since these laws were not sufficient to solve every kind of legal question and did not provide for all circumstances. - 35 - The Land Law of 1858 and the Civil Law (Mecelle) of 1869, still in force to some extent in some of the Near Eastern countries, were enacted in order to overcome the difficulties arising from that deficiency. The idea of establishing a constitutional regime in the Ottoman Empire was first considered by Mustafa Resid Pasa in 1839. However, it was not inaugurated until 1876, the beginning of the First Ottoman Constitutional Period. Anyone interested in the legal development of the Ottoman Empire should consult George Young's eight-volume work Corps de droit Ottoman (Oxford, 1905). Two other titles of interest are Recai G. Okandan's Umumi amme hukukumuzun ama hatlari (The outlines of our general public law) (Istanbul, 1948), and The First Ottoman Constitutional Period (Baltimore, 1963) by Robert Devereux. The Republic The third period started with the declaration of the Turkish Republic in 1923. New ideas of complete westernization and the firm decision to establish a secular state led Turkey to accomplish a final and real reform in all branches. - 35 - The Land Law of 1858 and the Civil Law (Mecelle) of 1869, still in force to some extent in some of the Near Eastern countries, were enacted in order to overcome the difficulties arising from that deficiency. The idea of establishing a constitutional regime in the Ottoman Empire was first considered by Mustafa Resid Pasa in 1839. However, it was not inaugurated until 1876, the beginning of the First Ottoman Constitutional Period. Anyone interested in the legal development of the Ottoman Empire should consult George Young's eight-volume work Corps de droit Ottoman (Oxford, 1905). Two other titles of interest are Recai G. Okandan's Umumi amme hukukumuzun ama hatlari (The outlines of our general public law) (Istanbul, 1948), and The First Ottoman Constitutional Period (Baltimore, 1963) by Robert Devereux. The Republic The third period started with the declaration of the Turkish Republic in 1923. New ideas of complete westernization and the firm decision to establish a secular state led Turkey to accomplish a final and real reform in all branches. - 35 - The Land Law of 1858 and the Civil Law (Mecelle) of 1869, still in force to some extent in some of the Near Eastern countries, were enacted in order to overcome the difficulties arising from that deficiency. The idea of establishing a constitutional regime in the Ottoman Empire was first considered by Mustafa Resid Pasa in 1839. However, it was not inaugurated until 1876, the beginning of the First Ottoman Constitutional Period. Anyone interested in the legal development of the Ottoman Empire should consult George Young's eight-volume work Corps de droit Ottoman (Oxford, 1905). Two other titles of interest are Recai G. Okandan's Umumi amme hukukumuzun ama hatlari (The outlines of our general public law) (Istanbul, 1948), and The First Ottoman Constitutional Period (Baltimore, 1963) by Robert Devereux. The Republic The third period started with the declaration of the Turkish Republic in 1923. New ideas of complete westernization and the firm decision to establish a secular state led Turkey to accomplish a final and real reform in all branches. - 35 - The Land Law of 1858 and the Civil Law (Mecelle) of 1869, still in force to some extent in some of the Near Eastern countries, were enacted in order to overcome the difficulties arising from that deficiency. The idea of establishing a constitutional regime in the Ottoman Empire was first considered by Mustafa Resid Pasa in 1839. However, it was not inaugurated until 1876, the beginning of the First Ottoman Constitutional Period. Anyone interested in the legal development of the Ottoman Empire should consult George Young's eight-volume work Corps de droit Ottoman (Oxford, 1905). Two other titles of interest are Recai G. Okandan's Umumi amme hukukumuzun ama hatlari (The outlines of our general public law) (Istanbul, 1948), and The First Ottoman Constitutional Period (Baltimore, 1963) by Robert Devereux. The Republic The third period started with the declaration of the Turkish Republic in 1923. New ideas of complete westernization and the firm decision to establish a secular state led Turkey to accomplish a final and real reform in all branches. - 35 - The Land Law of 1858 and the Civil Law (Mecelle) of 1869, still in force to some extent in some of the Near Eastern countries, were enacted in order to overcome the difficulties arising from that deficiency. The idea of establishing a constitutional regime in the Ottoman Empire was first considered by Mustafa Resid Pasa in 1839. However, it was not inaugurated until 1876, the beginning of the First Ottoman Constitutional Period. Anyone interested in the legal development of the Ottoman Empire should consult George Young's eight-volume work Corps de droit Ottoman (Oxford, 1905). Two other titles of interest are Recai G. Okandan's Umumi amme hukukumuzun ama hatlari (The outlines of our general public law) (Istanbul, 1948), and The First Ottoman Constitutional Period (Baltimore, 1963) by Robert Devereux. The Republic The third period started with the declaration of the Turkish Republic in 1923. New ideas of complete westernization and the firm decision to establish a secular state led Turkey to accomplish a final and real reform in all branches. - 36 - The old religious and secular laws and all courts having jurisdiction over these matters disappeared into the dusty pages of history with the Ottoman Empire. The capitulations and all rights and privileges recognized to the foreigners from capitulations and conventions were abolished with the Treaty of Lausanne. The main task of this legal reform became the adoption of the Swiss Civil Code in 1926. Turkey introduced some minor alteration into the Swiss text by changing various articles and adding or omitting others. Switzerland became the source of most Turkish laws. The Turkish Code of Civil Procedure of 1927 was modeled after the Code of the Canton of Neuchâtel of Switzerland, and the Code of Execution and Bankruptcy of 1932, after the Swiss Federal Law. Italy became the cradle of the penal legislation, and Germany, of the commercial law. Non-Muslim communities renounced their juridical rights on personal status and domestic relations recognized by the Treaty of Lausanne, and submitted themselves to the jurisdiction of the Turkish legal and judicial unity. - 36 - The old religious and secular laws and all courts having jurisdiction over these matters disappeared into the dusty pages of history with the Ottoman Empire. The capitulations and all rights and privileges recognized to the foreigners from capitulations and conventions were abolished with the Treaty of Lausanne. The main task of this legal reform became the adoption of the Swiss Civil Code in 1926. Turkey introduced some minor alteration into the Swiss text by changing various articles and adding or omitting others. Switzerland became the source of most Turkish laws. The Turkish Code of Civil Procedure of 1927 was modeled after the Code of the Canton of Neuchâtel of Switzerland, and the Code of Execution and Bankruptcy of 1932, after the Swiss Federal Law. Italy became the cradle of the penal legislation, and Germany, of the commercial law. Non-Muslim communities renounced their juridical rights on personal status and domestic relations recognized by the Treaty of Lausanne, and submitted themselves to the jurisdiction of the Turkish legal and judicial unity. - 36 - The old religious and secular laws and all courts having jurisdiction over these matters disappeared into the dusty pages of history with the Ottoman Empire. The capitulations and all rights and privileges recognized to the foreigners from capitulations and conventions were abolished with the Treaty of Lausanne. The main task of this legal reform became the adoption of the Swiss Civil Code in 1926. Turkey introduced some minor alteration into the Swiss text by changing various articles and adding or omitting others. Switzerland became the source of most Turkish laws. The Turkish Code of Civil Procedure of 1927 was modeled after the Code of the Canton of Neuchâtel of Switzerland, and the Code of Execution and Bankruptcy of 1932, after the Swiss Federal Law. Italy became the cradle of the penal legislation, and Germany, of the commercial law. Non-Muslim communities renounced their juridical rights on personal status and domestic relations recognized by the Treaty of Lausanne, and submitted themselves to the jurisdiction of the Turkish legal and judicial unity. - 36 - The old religious and secular laws and all courts having jurisdiction over these matters disappeared into the dusty pages of history with the Ottoman Empire. The capitulations and all rights and privileges recognized to the foreigners from capitulations and conventions were abolished with the Treaty of Lausanne. The main task of this legal reform became the adoption of the Swiss Civil Code in 1926. Turkey introduced some minor alteration into the Swiss text by changing various articles and adding or omitting others. Switzerland became the source of most Turkish laws. The Turkish Code of Civil Procedure of 1927 was modeled after the Code of the Canton of Neuchâtel of Switzerland, and the Code of Execution and Bankruptcy of 1932, after the Swiss Federal Law. Italy became the cradle of the penal legislation, and Germany, of the commercial law. Non-Muslim communities renounced their juridical rights on personal status and domestic relations recognized by the Treaty of Lausanne, and submitted themselves to the jurisdiction of the Turkish legal and judicial unity. - 36 - The old religious and secular laws and all courts having jurisdiction over these matters disappeared into the dusty pages of history with the Ottoman Empire. The capitulations and all rights and privileges recognized to the foreigners from capitulations and conventions were abolished with the Treaty of Lausanne. The main task of this legal reform became the adoption of the Swiss Civil Code in 1926. Turkey introduced some minor alteration into the Swiss text by changing various articles and adding or omitting others. Switzerland became the source of most Turkish laws. The Turkish Code of Civil Procedure of 1927 was modeled after the Code of the Canton of Neuchâtel of Switzerland, and the Code of Execution and Bankruptcy of 1932, after the Swiss Federal Law. Italy became the cradle of the penal legislation, and Germany, of the commercial law. Non-Muslim communities renounced their juridical rights on personal status and domestic relations recognized by the Treaty of Lausanne, and submitted themselves to the jurisdiction of the Turkish legal and judicial unity. - 37 - Three separate and independent court systems were established with different jurisdictions: regular, administrative and military. For the first time in the legal history of Turkey the Constitution of 1961 set up a Constitutional Court to review the constitutionality of laws and by-laws passed by the Turkish Grand National Assembly. A Court of Jurisdictional Disputes, established according to Article 142 of the Constitution, is empowered to settle definitively all disputes of court competency arising between civil, administrative and military courts. The Supreme Council of Judges, founded in 1962, decides all personal matters relating to judges. Government officials' qualifications, appointment procedure, duties and rights, etc., are regulated by Law on State Personnel of 1965. - 37 - Three separate and independent court systems were established with different jurisdictions: regular, administrative and military. For the first time in the legal history of Turkey the Constitution of 1961 set up a Constitutional Court to review the constitutionality of laws and by-laws passed by the Turkish Grand National Assembly. A Court of Jurisdictional Disputes, established according to Article 142 of the Constitution, is empowered to settle definitively all disputes of court competency arising between civil, administrative and military courts. The Supreme Council of Judges, founded in 1962, decides all personal matters relating to judges. Government officials' qualifications, appointment procedure, duties and rights, etc., are regulated by Law on State Personnel of 1965. - 37 - Three separate and independent court systems were established with different jurisdictions: regular, administrative and military. For the first time in the legal history of Turkey the Constitution of 1961 set up a Constitutional Court to review the constitutionality of laws and by-laws passed by the Turkish Grand National Assembly. A Court of Jurisdictional Disputes, established according to Article 142 of the Constitution, is empowered to settle definitively all disputes of court competency arising between civil, administrative and military courts. The Supreme Council of Judges, founded in 1962, decides all personal matters relating to judges. Government officials' qualifications, appointment procedure, duties and rights, etc., are regulated by Law on State Personnel of 1965. - 37 - Three separate and independent court systems were established with different jurisdictions: regular, administrative and military. For the first time in the legal history of Turkey the Constitution of 1961 set up a Constitutional Court to review the constitutionality of laws and by-laws passed by the Turkish Grand National Assembly. A Court of Jurisdictional Disputes, established according to Article 142 of the Constitution, is empowered to settle definitively all disputes of court competency arising between civil, administrative and military courts. The Supreme Council of Judges, founded in 1962, decides all personal matters relating to judges. Government officials' qualifications, appointment procedure, duties and rights, etc., are regulated by Law on State Personnel of 1965. - 37 - Three separate and independent court systems were established with different jurisdictions: regular, administrative and military. For the first time in the legal history of Turkey the Constitution of 1961 set up a Constitutional Court to review the constitutionality of laws and by-laws passed by the Turkish Grand National Assembly. A Court of Jurisdictional Disputes, established according to Article 142 of the Constitution, is empowered to settle definitively all disputes of court competency arising between civil, administrative and military courts. The Supreme Council of Judges, founded in 1962, decides all personal matters relating to judges. Government officials' qualifications, appointment procedure, duties and rights, etc., are regulated by Law on State Personnel of 1965. - 38 - There has been an increase in the publishing of treaties dealing with various aspects of the Turkish laws and regulations. Some titles of interest are Server Feridun's work concerning constitutions and political documents entitled Anayasalar ve siyasal belgeler (Istanbul, 1962); Hicri Fisek's book on constitution and citizenship, Anayasa ve vatandaslik (Ankara, 1961); Sahir Erman and Çetin Ozek's explanatory work on press law, İzahlı basın kanunu (Istanbul, 1964); and Remzi Balkanlı's comparative study on press and propaganda entitled Mukayeseli basın ve propaganda (Ankara, 1961). There have been several comprehensive collections of laws and decrees on legal institutions of labor and social insurance. Up-to-date works covering the legal status of labor in Turkey are Naim Tezmen and Tahsin Atakan's compilation of labor and social insurance laws İş hukuku ve sosyal sigorta külliyatı (Istanbul, 1965); and legislation on collective bargaining in Turkey Türk toplu is sozleşmesi mevzuatı (Ankara, 1965) by Erdal Egemen and Mehmet Odabaş. - 38 - There has been an increase in the publishing of treaties dealing with various aspects of the Turkish laws and regulations. Some titles of interest are Server Feridun's work concerning constitutions and political documents entitled Anayasalar ve siyasal belgeler (Istanbul, 1962); Hicri Fisek's book on constitution and citizenship, Anayasa ve vatandaslik (Ankara, 1961); Sahir Erman and Çetin Ozek's explanatory work on press law, İzahlı basın kanunu (Istanbul, 1964); and Remzi Balkanlı's comparative study on press and propaganda entitled Mukayeseli basın ve propaganda (Ankara, 1961). There have been several comprehensive collections of laws and decrees on legal institutions of labor and social insurance. Up-to-date works covering the legal status of labor in Turkey are Naim Tezmen and Tahsin Atakan's compilation of labor and social insurance laws İş hukuku ve sosyal sigorta külliyatı (Istanbul, 1965); and legislation on collective bargaining in Turkey Türk toplu is sozleşmesi mevzuatı (Ankara, 1965) by Erdal Egemen and Mehmet Odabaş. - 38 - There has been an increase in the publishing of treaties dealing with various aspects of the Turkish laws and regulations. Some titles of interest are Server Feridun's work concerning constitutions and political documents entitled Anayasalar ve siyasal belgeler (Istanbul, 1962); Hicri Fisek's book on constitution and citizenship, Anayasa ve vatandaslik (Ankara, 1961); Sahir Erman and Çetin Ozek's explanatory work on press law, İzahlı basın kanunu (Istanbul, 1964); and Remzi Balkanlı's comparative study on press and propaganda entitled Mukayeseli basın ve propaganda (Ankara, 1961). There have been several comprehensive collections of laws and decrees on legal institutions of labor and social insurance. Up-to-date works covering the legal status of labor in Turkey are Naim Tezmen and Tahsin Atakan's compilation of labor and social insurance laws İş hukuku ve sosyal sigorta külliyatı (Istanbul, 1965); and legislation on collective bargaining in Turkey Türk toplu is sozleşmesi mevzuatı (Ankara, 1965) by Erdal Egemen and Mehmet Odabaş. - 38 - There has been an increase in the publishing of treaties dealing with various aspects of the Turkish laws and regulations. Some titles of interest are Server Feridun's work concerning constitutions and political documents entitled Anayasalar ve siyasal belgeler (Istanbul, 1962); Hicri Fisek's book on constitution and citizenship, Anayasa ve vatandaslik (Ankara, 1961); Sahir Erman and Çetin Ozek's explanatory work on press law, İzahlı basın kanunu (Istanbul, 1964); and Remzi Balkanlı's comparative study on press and propaganda entitled Mukayeseli basın ve propaganda (Ankara, 1961). There have been several comprehensive collections of laws and decrees on legal institutions of labor and social insurance. Up-to-date works covering the legal status of labor in Turkey are Naim Tezmen and Tahsin Atakan's compilation of labor and social insurance laws İş hukuku ve sosyal sigorta külliyatı (Istanbul, 1965); and legislation on collective bargaining in Turkey Türk toplu is sozleşmesi mevzuatı (Ankara, 1965) by Erdal Egemen and Mehmet Odabaş. - 38 - There has been an increase in the publishing of treaties dealing with various aspects of the Turkish laws and regulations. Some titles of interest are Server Feridun's work concerning constitutions and political documents entitled Anayasalar ve siyasal belgeler (Istanbul, 1962); Hicri Fisek's book on constitution and citizenship, Anayasa ve vatandaslik (Ankara, 1961); Sahir Erman and Çetin Ozek's explanatory work on press law, İzahlı basın kanunu (Istanbul, 1964); and Remzi Balkanlı's comparative study on press and propaganda entitled Mukayeseli basın ve propaganda (Ankara, 1961). There have been several comprehensive collections of laws and decrees on legal institutions of labor and social insurance. Up-to-date works covering the legal status of labor in Turkey are Naim Tezmen and Tahsin Atakan's compilation of labor and social insurance laws İş hukuku ve sosyal sigorta külliyatı (Istanbul, 1965); and legislation on collective bargaining in Turkey Türk toplu is sozleşmesi mevzuatı (Ankara, 1965) by Erdal Egemen and Mehmet Odabaş.