History of Istanbul University Faculty of Law

Istanbul University Faculty of Law has a long history. The Faculty and the University date back to Ottoman era and have a history of 550 years. If Hagia Sophia madrasah is regarded as the derivation of Sahn-ı Seman madrasa, then 1453, the year of establishment of this madrasah, implies the date of commencement of both the University and the Faculty. Fatih Mehmet the II. (Mehmet the Conqueror) had eight madrasas built in Fatih Mosque social complex. A preparatory school (Tetimne beya Musile-i Sahn Madrasah) was established in each of these Sahn-ı Seman Madrasas. A hospital, hospice, library and training room (darüttalim) was also available in this social complex. Theology and law were the main courses of education in these madrasas. Fatih had eight churches and monasteries converted to madrasas during this period.

II. Beyazid, who acceded to the throne after Fatih II. Mehmet, had established another social complex. The head of this madrasah was also authorized to give fatwa. The regulations of Kanuni regarding the madrasah system, which was run for a long time in Ottoman era, were remarkable. Kanuni had a madrasah built for his son Mehmet next to the Şehzade Mosque in 1544. He also had Süleymaniye Madrasah built between the years 1550-1557.  Süleymaniye Madrasah is considered the most important development regarding the improvement process of madrasah organizations. In this social complex, positive science and techniques were taught in addition to the classic madrahas education. The highest degree of education was obtained at Dar-ül hadis, one of these madrasas, for centuries.

The madrasa system failed to adapt itself to novelties, and therefore new law schools replaced madrasas for the education of judges, who were to serve at every corner of the Empire.

 There had been discussions regarding a better law education and the establishment of a new law school in Ottoman parliament in 1877. Mekteb-i Hukuk-i Sultani, which was found for this purpose, was closed in 1878, and establishment of another law school was considered. On June 17, 1880 Law School (Mekteb-i Hukuk) has been opened for education. The education program was developed and was closer to western examples. These two law schools are the basis of our Faculty. Darülfünun-u Şahane was established on September 1, 1900, the 25th anniversary of II. Abdülhamid’s accession. Mekteb-i Hukuk has become a branch of this school. The institution was named as Darülfünun of Istanbul pursuant to the regulation dated April 20, 1912. On October 11, 1919 the institution was incorporated and was granted autonomy. The regulation dated October 11, 1919 was amended following the Law dated April 21, 1924 and the institution’s legal personality was rearranged. Pursuant to Regulation dated October 7, 1925, academic and administrative autonomy was adopted.  

            On July 31, 1933, Darülfünun was abolished pursuant to law no. 2252 and was reorganized under the name Istanbul University.  This adjustment was based on Swiss Prof. Dr. Albert Malche’s report dated May 29, 1932. Western professors have worked at Istanbul University Faculty of Law since 1933. It is observed that the main contribution of Western faculty members, who fled the Nazi terror, was to join our Faculty during the 1933 Reform.

            Istanbul University Faculty of Law is the organic extension of Law School, which was established in 1878 and the first academic year of which has started in 1880.  Nonetheless, it is also the historic extension of madrasas established during the time of Fatih Mehmet the II, since it has implicitly abolished and replaced madrasas. As a result of the historical developments summarized above, Istanbul University Faculty of Law has gathered and integrated all the developments and reforms regarding law education prior to proclamation of the Republic.  Today, the education program and aims of our faculty are mainly based on the principles of 1933 Reform. These principles secured the requirements for a law education based on the terms of a democratic, secular state of law in the light of Ataturk’s principles and revolution.