مرکز منطقه ای اطلاع رساني علوم و فناوري - FREEDOM OF RELIGION AND CONSCIENCE IN THE OTTOMAN EMPIRE

Abstract :

Ottoman Empire had a governmental system based upon Islamic Law. Basic rights and freedoms as a there were evaluated on the basis of Islamic Law and people of different faith groups were recognized rights within the very same tolerance framework. Freedom of faith and conscience as a theme could be located within the dimension of Islamic Law. All subjects were treated equally irrespective of their religion and sect and the subjects’ were never intervened in terms of their practices of faith and religion. Ottomans, in interest of the Westerners strived to have good relations with the latter from the era of ‘Beylik’ and even granted concessions to the Westerners in such respect. In the aftermath of Ottoman Empire’s demise, the Westerners attempted to intervene in the Ottoman legal order in the name of protecting their fellows of Christian faith and from time to time imposed several measures to have their demands carried out. Ottomans also attempted to have followed such a process of several legal amendments and ameliorations to keep up with the Westerners’ thanks to their pressures. Several edicts of Padişah stipulating basic rights and freedoms of empire’s subjects were proclaimed and freedom faith and conscience became an issue and provisions at capitulations and agreements. Western States kept the issue on the agenda to force the Ottoman Empire under pressure along with supporting the subjects of Christian faith coupled with privileges granted onto them. They also dealt with problems on diplomatic platforms arising due to differences in Ottoman legal jurisdictions and implementation and understanding. Some problems were elevated to the degree of diplomatic crisis. It was thanks to the Westerner States’ attempts that questions in regard to the freedom faith and conscience were mentioned in the Ottoman written legal texts. Even in these texts, the matters pertaining to the freedom faith and conscience succeeding the Western powers’ pressures were evaluated within the very same framework of Islamic Law remaining loyal to the very essence of Islamic legal jurisdiction.