Ahmed Cevdet Pasha

Ahmed Cevdet Pasha or Jevdet Pasha in English (22 March 1822 – 25 May 1895)^[2] was an Ottoman scholar, intellectual, bureaucrat, administrator, and historian who was a prominent figure in the Tanzimat reforms of the Ottoman Empire. He was the head of the Mecelle commission that codified Islamic law for the first time in response to the Westernization of law.^[3] He is often regarded as a pioneer in the codification of a civil law based on the European legal system. The Mecelle remained intact in several modern Arab states in the early and mid-20th-century.^[4] In addition to Turkish, he was proficient in Arabic, Persian, French and Bulgarian.^[5] He wrote numerous books on history, law, grammar, linguistics, logic and astronomy.^[5]

Early life

Ahmed Cevdet Pasha was born in 1822 in

Ahmed also studied the mathematical sciences at the Imperial Military Engineering School (Hendesehâne).[6] In addition, he developed an interest in the science of history as a study of the human experience by means of critical evaluation of the sources.^[2] He even went on to supplement his interests with studies of Islamic, French, and international law, before the age of 30.^[2]

Career beginnings

After graduation, Ahmed made a contact that would fundamentally alter the rest of his career, Mustafa Reşid Pasha, who was about to enter his first term as grand vizier. Mustafa Reşid was seeking a member of the ulema that could teach him enough about Islamic religious law so that he could avoid immediate open conflict when introducing reforms.^[2] He also needed someone who was open-minded and willing to discuss problems.^[2] Ahmed Cevdet was assigned to Mustafa's house, where he tutored Mustafa and his children and stayed at this position until his patron's death in 1858.^[2] Ahmed Cevdet's new association with leaders of the Tanzimat exposed him to novel influences and ideas that drew him into the world of bureaucracy and politics.^[6] Even though Ahmed retained his connection with the ulema until 1866, he primarily functioned as a bureaucrat, taking a prominent role in education, language, and provincial reform.^[6]

In 1850–51, Mustafa Reşid appointed Cevdet as director of a school established to train teachers for the new secular school system. Ahmed also became chief scribe to the Council on Education, which would prepare new laws and regulations for the secular schools. His career as a historian began in 1852 with the Society of Knowledge. He was assigned to compile a history of the

When Mustafa Reşid rose to his sixth term as grand vizier, he made Ahmed a member of the Council of the Tanzimat. The Council was established to codify the actions sanctioned by the Tanzimat reforms. Ahmed played a prominent role in preparing laws, virtually writing the new regulations on landownership and cadastral surveys. His role as a member of Council of the Tanzimat also influenced his history projects. He abandoned the old annalistic approach for one emphasizing problems and topics, with an increasingly critical examination of the sources. Additionally, Ahmed was the principal author of the regulation that created the new Supreme Council of Judicial Ordinances, of which he became a member, in place of the Council of the Tanzimat in 1861.^[2]

Ahmed Cevdet recognized that military and administrative reforms were necessary, but being a conservative, was reluctant to use European law as an example, opting for Islamic law.^[6] His proposed answer was two-fold. The first step was to appeal to traditional values of improving education and communication.^[6] The second part involved creating conditions which would eliminate corruption and increase efficiency, while preserving the fundamental political and social concepts upon which the Ottoman Empire was based.^[6] His attempts at reconciling modernization with Islamic law are most notably present in his drafting of the Mecelle.^{[citation needed]}

Other offices

In the 1860s, Ahmed Cevdet officially transferred from the Ilmiye to the Scribal Institution.^{[citation needed]}

In 1861, he was sent as a special agent to

The Mecelle, Islamic Code, was the new Ottoman civil law code proposed by Ahmed Cevdet Pasha for the newly established secular court system. It was based on traditional Islamic law, but also included many important modifications with the idea of updating the sharia according to the requirements of the time.^[7] It was the code that prevailed against Ali Pasha's push for the application of French Civil Law. The Mecelle combined Civil law with Islamic Law of Obligations in a final product consisting of 1,851 articles.^[8] This arduous task occupied Ahmed Cevdet until the last volume was published in 1876, for a total of about 16 years. It was the first systematic compilation incorporating both Islamic Law and Civil Law.^[8]

The Mecelle could not completely curtail the penetration of Western law in Ottoman society, but it was an important compromise to the demand for a standard law and for a fundamental change in the structure of Islamic legal system.^[9] Codification and enactment of Islamic law were essential for the proper functioning of a modern bureaucracy.^[9] The Mecelle's approach acknowledges the importance of social change and reflects the traditional attitude towards such change.^[9] For example, according to ulema, social change was acceptable unless it "contradicted the general norms."^[9] This careful consideration for upholding the general norms in order to receive the support from the ulema was seen in the articles. They primarily consisted of provisions on Law of Obligations, but also include provisions on real rights and trail procedure laws.^[8] However, the articles did not incorporate law on persons, foundations, family, or inheritance, so the Mecelle is not a true compilation of civil law.^[8] Studies were launched in 1914 in order to correct the discrepancies, but could not be completed due to World War I.^[7][8]

Later years and death

Ministerial positions

During the last two decades of his life, Ahmed Cevdet Pasha mainly served in ministerial positions, such as education and justice. In 1873 and 1874, he became Minister of Pious Foundations and Minister of Education, respectively. He undertook major changes in the secular system of education that had been introduced. This included reforming the elementary and middle schools, establishing a new level of preparatory schools for students wishing to go on to secondary and technical schools, and expanding teacher-training schools. While all of this was happening, efforts were made to depose