The Analysis and the Judgment of a Meclis-i Vâlâ

In this study, a document that was written to the governor of the Mediterranean Algeria for execution of a decision adjudged by Meclis-i Vâlâin 1860 was assayed. The legal nature of the document is a summary of the judgment of the criminal court. The judgment has been come to the execution phase. Practitioners of the period made great efforts for adherence to the principle of legality when they were preceding a criminal case. This effort, in the country, contributes to the formation of infrastructure of the rule of law gradually. The judgment shows that the article 171 of the criminal code dated 1858 that was created for prevent from confusion that stemmed from the dual legal system was applied by lawyers in a sensitive manner. Accordingly, we see that the practitioners are in an endeavor to conduct the dual legal system in accord. With the analysis of the judgment, the need occurred for a deep study that covers Meclis-i Vâlâ and Meclis-i Tanzimat which emerged after Meclis-i Vâlâ-yı Ahkâm-ı Adliye was divided into two in 1854 and the authorities, working principles and members of these new organs. Another result that the document brought forth is that Meclis-i Vâlâ made judgments as an inferior court on a crime committed in provinces. Likewise, it is seen that Meclis-i Vâlâ takes the place of Meclis-i Tahkikat with the judgment. The judgment also shows that Muslims and non-Muslims are equalized in appeal.