THE FRENCH LEGAL SYSTEM AND OTTOMAN CRIMINAL LAW

Abstract

In the period of the 19th century the Ottoman law felt the West influence, which additionally had affected its legal language. The reforms of the Tanzimat also marked the beginning of criminal law codification in the Empire. The Penal Code – adopted in 1858 – was much more modern in form and content, differing significantly from the Acts of 1840 and 1851. Its first article states that it does not override the criminal provisions of Sharia law. This dual nature creates confusion. The replacement of Sharia law entirely by modern European law did not happen suddenly. Changes require time, which is also necessary for the government to adopt the innovative ideas and understandings of the then modern societies. Therefore, on could nor deny the attempts of the Ottoman authorities to modernize the laws and the OPC.