Insights
Islamic Law
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Presence, Absence, and Warranty: How Majalla Anticipated Modern Commercial Defect Doctrines
Comparative Analysis of Article 65 of the Ottoman Majalla and Modern Civil & Common Law Systems Abstract This article presents a comparative…
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Majalla Articles 36–45: Theory of Custom, Usage, and Commercial Practice in International Arbitration Applications
Introduction Codified between 1868 and 1876 by a commission headed by Ahmet Cevdet Pasha, the Majalla (Mecelle-i Ahkâm-ı Adliye) remains one of…
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Causation in Tort Law: The Mecelle (Articles 90-93), Comparative Law, and International Trade
The Mecelle (Mecelle-i Ahkâm-ı Adliye) is the first civil code of the Ottoman Empire, drafted between 1868 and 1876 by a commission…
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Article 17 of the Mecelle: Legal Analysis of the Principle “Hardship Begets Facility”
The Maxim, Its Essence, and Islamic Foundations The Maxim: المشقة تجلب التيسير Hardship begets facility (Meşakkat teysîri celb ider) The Essence of…