In 2021, the High Court of Appeal of Northern Cyprus (Yargıtay) referred an issue concerning Article 148 of the Constitution of the Republic of Northern Cyprus to the Supreme Court of Northern Cyprus (Yüksek Mahkeme). The parties to the case subject to the appeal were natural persons. A representative of the Attorney General’s Office of Cyprus as amicus curiae and a representative of the Administration of Endowments of Cyprus (Kıbrıs Evkaf İdaresi) attended the case.

The plaintiffs filed a lawsuit against the defendants in the Girne District Court. They filed the appeal against the decision to dismiss and set aside this case. During the hearing of the appeal case, the plaintiffs/appellants demanded that the High Court of Appeal shall refer the matter to the Supreme Court. They argued that the legislation applied in the case before the lower court was unconstitutional. The High Court of Appeal evaluated the request and decided that the presented rule was a factor in the decision. Bringing the issue to the Supreme Court, the High Court of Appeal emphasized that the Supreme Court should interpret a series of articles.

The High Court of Appeal pointed to the determination of the scope and nature of the Fundamental Rules on Endowments (Ahkam al-Awqaf) in Article 131 of the Constitution, according to Article 149 of the Constitution. On the other hand, the High Court of Appeal demanded that, according to the Constitution, whether Ahkam al-Awqaf rules are superior to other applicable laws and whether these rules in force and recognized by the Constitution cover the amendments made before 1960. Finally, the High Court of Appeal stated that the Supreme Court should review Article 131 of the Constitution entirely and decide whether Articles 10 and 34 of Chapter 337 of the Law of Endowments (Evkaf ve Vakıflar Yasası) violate Articles 1 and 131 of the Constitution.

After examining the points stated by the High Court of Appeal, the Supreme Court made important decisions regarding the place of Ahkam al-Awqaf in Cyprus. According to the first of the unanimous decisions, Ahkam al-Awqaf, recognized by Article 131 of the Constitution, consists of the rules contained in the book Ahkamü’l-Evkaf, written by Ömer Hilmi Efendi and translated into English by C.R. Tyser and D.G. Demetriades. On the other hand, according to the Supreme Court, these rules are legal sources that contain the laws related to endowments and endowed properties (unanimous decision). Within the scope of the allegations made regarding Article 131 of the Constitution, Articles 10 and 34 of the Law of Endowments, which concern only the case before the court, and on the condition that they are not related to the articles of the Constitution that make special provisions, Ahkam al-Awqaf rules are at the same level as the laws in force, including the Law of Endowments (unanimous decision). According to the majority, the legislation has not changed Ahkam al-Awqaf; these rules are in force as in the book Ahkamü’l-Evkaf. Finally, Articles 10 and 34 of the Law of Endowments do not violate Article 131 of the Constitution (unanimous decision).

In this paper, I will discuss how Ahkamü’l-Evkaf is part of the legislation in force in Cyprus in the light of the Supreme Court’s decision above. In this context, I will talk about the concept of “the books of authority” in the Common Law System and introduce the general structure of the book written by Ömer Hilmi Efendi. Next, I will analyze the aspects of Ahkamü’l-Evkaf in the Supreme Court’s decision. Finally, I will discuss the book’s place in Cyprus’ hierarchy of norms.