Constitution of the Ottoman Empire

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legislation, and to convene and dismiss the chamber of deputies. The sultan remained the theocratic legitimized sovereign to which the state organization was made-to-measure. Thus, despite a de jure intact constitution, the sultan ruled in the absolutist manner. This was particularly evident in the closure of Parliament only eleven months after the declaration of the Constitution. Although the basic rights guaranteed in the constitution were not at all insignificant in Ottoman legal history, they were severely limited by the pronouncements of the ruler. Instead of overcoming sectarian divisions through the institution of universal representation, the elections reinforced the communitarian basis of society by allotting quotas to the various religious communities based on projections of population figures derived from the

658: 487: 2782: 640:. Strauss, who also wrote "Language and power in the late Ottoman Empire," stated that the terminology used in the Arabic version "stuck almost slavishly" to that of the Ottoman Turkish, with Arabic itself "almost exclusively" being the source of the terminology; as newer Arabic words were replacing older ones used by Ottoman Turkish, Strauss argued that this closeness "is more surprising" compared to the closeness of the Persian version to the Ottoman original, and that the deliberate closeness to the "Ottoman text is significant, but it is difficult to find a satisfactory explanation for this practice." 523:(although not directly; the populace chose delegates who would then choose the Deputies). There were also elections held every four years to keep the parliament changing and to continually express the voice of the people. This same framework carried over from the Constitution as it was in 1876 until it was reinstated in 1908. All in all the framework on the Constitution did little to limit the Sultan's power. Some of the retained powers of the Sultan were: declaration of war, appointment of new ministers, and approval of legislation. 461: 940:

new national identity: Ottoman. However many provinces and people within the Empire were against it and many acted out their displeasure in violence. Some Muslims agreed with the Ulema that the constitution violated Shari'a law. Some acted out their protests by attacking a priest during mass. Some of the provinces referred to in the constitution were alarmed, such as Rumania, Scutari and Albania, because they thought it referred to them having a different change of government or no longer being autonomous from the Empire.

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Despite the latitude it gave to the sovereign, the constitution provided clear evidence of the extent to which European influences operated among a section of the Ottoman bureaucracy. This showed the effects of the pressure from Europeans on the issue of discrimination of religious minorities within the Ottoman Empire, although, Islam was still the recognized religion of the state. The constitution also reaffirmed the equality of all Ottoman subjects, including their right to serve in the new

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languages' terminologies heavily but they generally avoided using the Ottoman Turkish one; some common French-derived Ottoman terms were replaced with other words. Based on the differences between the versions for non-Muslims and the Ottoman Turkish version, Strauss concluded that "foreign influences and national traditions – or even aspirations" shaped the non-Muslim versions, and that they "reflect religious, ideological and other divisions existing in the Ottoman Empire."

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as reckless. Many across European saw this constitution as unfit or a last attempt to save the Empire. In fact only two small nations were in favor of the constitution but only because they disliked the Russians as well. Others considered the Ottomans to be grasping for straws in trying to save the Empire; they also labeled it as a fluke of the Sublime Porte and the Sultan.

1439:, p. 25. Quote translated from French: "The majority of the government officials in the Ottoman Empire selected a Greek or an Armenian as their advisor in reform." The author mentions two names amongst these "advisors", Dr. Serop Vitchenian, who was the adviser to Fuad Pasha, and Grigor Odian, deputy to Midhat Pasha, who is the author of the Ottoman constitution of 1876. 612:. Therefore Strauss wrote that due to its complexity, "A satisfactory translation into Western languages is difficult, if not impossible." Max Bilal Heidelberger wrote a direct translation of the Ottoman Turkish version and published it in a book chapter by Tilmann J Röder, "The Separation of Powers: Historical and Comparative Perspectives." 923:. There had been perennial conflict between Muslims and non-Muslims in the Empire. This was the focal point for the Russians to interfere, and the Russians were perhaps the Ottomans' most disliked enemy. The Russians looked for many ways to become involved in political affairs especially when unrest in the Empire reached their borders. The 423:(who only lasted three months in 1876). During the Tanzimat period, the man from the Ottoman Empire with the most respect in Europe was Midhat Pasha. Midhat dreamed of an Empire in which "there would be neither Muslim nor non-Muslim but only Ottomans". Such ideology led to the formation of groups such as the 939:

were against it because they deemed it to be going against the Shari'a. However, throughout the Ottoman Empire, the people were extremely happy and looking forward to life under this new regime. Many people celebrated and joined in Muslim-Christian relations which formed, and there now seemed to be a

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In the course of their studies in Europe, some members of the new Ottoman elite concluded that the secret of Europe's success rested not only with its technical achievements but also with its political organizations. Moreover, the process of reform itself had imbued a small segment of the elite with

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and Sovereign of all Ottomans," rather than "of the Turks." The Ottoman Constitution of 1876 was preceded by the Nationality Law of 1869, which created a common and equal citizenship for all Ottomans, regardless of race or religion. The constitution built upon those ideas and expanded on them, well

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Yet the most important reaction, only second to that of the people, was that of the Europeans. Their reactions were quite to the contrary from the people; in fact they were completely against it—so much so that the United Kingdom was against supporting the Sublime Porte and criticized their actions

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The Ottoman Porte believed that once the Christian population was represented in the legislative assembly, no foreign power could legitimize the promotion of her national interests under pretext of representing the rights of these people of religious and ethnic bonds. In particular, if successfully

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In addition to the original Ottoman Turkish, the document had been translated into Arabic and Persian. Language versions for Muslims were derived from the Ottoman Turkish version, and Strauss wrote that the vocabularies of the Ottoman Turkish, Arabic, and Persian versions were "almost identical".

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The Ottoman Constitution represented more than the immediate effect it had on the country. It was extremely significant because it made all subjects Ottomans under the law. By doing so, everyone, regardless of their religion had the right to liberties such as freedom of press and free education.

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and other linguistic features in Ottoman Turkish were usually not present in these versions. In addition each language version has language-specific terminology that is used in place of some terms from Ottoman Turkish. Different versions either heavily used foreign terminology or used their own

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According to Strauss, the authorities seemed to have had prepared multiple language versions of the constitution at the same time prior to release as their publication year was 1876: he stated that such release "apparently occurred simultaneously". They were officially published in various

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Ultimately, although the constitution created an elected chamber of deputies and an appointed senate, it only placed minimal restriction on the Sultan's power. Under the constitution, the Sultan retained the power to declare war and make peace, to appoint and dismiss ministers, to approve

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This led to what was known as the Tanzimat, which lasted from 1839 to 1876. This era was defined as an effort of reform to distribute power from the Sultan (even trying to remove his efforts) to the newly formed government led by a parliament. These were the intentions of the

380:, there was a vision of actual reform. Selim tried to address the military's failure to effectively function in battle; even the basics of fighting were lacking, and military leaders lacked the ability to command. Eventually his efforts led to his assassination by the 734:

Since the Armenian version, which Strauss describes as "puristic", uses Ottoman terminology not found in the French version and on some occasions in lieu of native Armenian terms, Strauss described it as having "taken into account the Ottoman text". The publication

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and Ottoman patriotism, and it was an assertion that the empire was capable of resolving its problems and that it had the right to remain intact as it then existed. It officially established the subjects of the Empire as "Ottomans," with the Sultan being titled

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There are a total of ten Turkish terms, and the document instead relies on words from Arabic, which Strauss argues is "excessive". In addition, he stated that other defining aspects include "convoluted sentences typical of Ottoman chancery style",

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For a modern English translation of the constitution and related laws, see Tilmann J. Röder, The Separation of Powers: Historical and Comparative Perspectives, in: Grote/Röder, Constitutionalism in Islamic Countries (Oxford University Press

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Strauss divides the translations into "Oriental-style" versions - ones made for adherents of Islam, and "Western-style" versions - ones made for Christian and Jewish people, including Ottoman citizens and foreigners residing in the empire.

431:(who merged with the Ottoman Unity Society). These movements attempted to bring about real reform not by means of edicts and promises, but by concrete action. Even after Abdulhamid II suspended the constitution, it was still printed in the 510:

was afraid that Abdul Hamid II would go against his progressive visions; consequently he had an interview with him to assess his personality and to determine if he was on board. The Constitution proposed a bicameral parliament, the

624: 80:, is a useful starting point for translations, but translators must revise errors as necessary and confirm that the translation is accurate, rather than simply copy-pasting machine-translated text into the English Knowledge. 400:, which included the newly formed government. The purpose of the Tanzimat era was reform, but mainly, to divert power from the Sultan to the Sublime Porte. The first indefinable act of the Tanzimat period was when Sultan 812:

printed an Ottoman-produced English version but did not specify its origin. After analysing a passage from it, Strauss concluded "Clearly, the “contemporary English version” was also translated from the French version."

803:). Strauss stated that a draft copy of the French version had not been located and there is no evidence that states that one had ever been made. The French version has some terminology originating from Ottoman Turkish. 2182: 1822:

Strauss, Johann. "Twenty Years in the Ottoman capital: the memoirs of Dr. Hristo Tanev Stambolski of Kazanlik (1843-1932) from an Ottoman point of view." In: Herzog, Christoph and Richard Wittmann (editors).

408:. This document or statement expressed the principles that the liberal statesmen wanted to become an actual reality. The Tanzimat politicians wanted to prevent the empire from falling completely into ruin. 1201:

Law No. 370 Revising Article 72 of the Basic Law of 7th Zi’lhijjeh 1293 (15th Jumada-‘l-Ula 1334 – March 7, 1916); Law No 102 Revising Art. 69 of the Basic Law (8th Jumada-‘l-Ula 1334 – March 21, 1918).

1073:. Furthermore, in order to appease the European powers, the Ottoman administration drafted an exceedingly uneven representational scheme that favored the European provinces by an average 2:1 ratio. 362:

in 1863. The Ottoman Constitution of 1876 was under direct influence of the Armenian National Constitution and its authors. The Ottoman Constitution of 1876 itself was drawn up by Western-educated

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era. The goal of the Tanzimat era was to reform the Ottoman Empire under the auspices of Westernization. In the context of the reforms, Western-educated Armenians of the Ottoman Empire drafted the

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Law on the Revision of the Revised Art. 7 of the Basic Law of 26th Rebi’ü-’l-Evvel 1333 and the Deletion of the Revised Art. 35 of 2nd Rejeb 1332 (4th Jumada-‘l-Ula 1334 – February 25, 1916)

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In 1876 a constitution for Turkey was drawn up by the Armenian Krikor Odian, secretary to Midhat Pasha the reformer, and was proclaimed and almost immediately revoked by Sultan Abdul Hamid

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For a scientific English translation directly from the Ottoman Turkish version of the constitution, done by Max Bilal Heidelberger, see below. It originates from the copy published in the

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Reactions within the Empire and around Europe were both widely acceptable and potentially a cause for some concern. Before the Constitution was enacted and made official, many of the

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Strauss stated that versions for languages used by non-Muslims were based on the French version, being the "model and the source of the terminology". Strauss pointed to the fact that

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Despite the Western concepts in the Ottoman Constitution, Strauss stated that "The official French version does not give the impression that the Ottoman text is a translation of it."

346:'s chaotic rule led to his deposition in 1876 and, after a few troubled months, to the proclamation of an Ottoman constitution that the new sultan, Abdul Hamid II, pledged to uphold. 649:. Strauss stated that the closeness of the Persian text to the Ottoman original was not very surprising as Persian adopted Arabic-origin Ottoman Turkish words related to politics. 1192:

Law No. 80 Revising the Article 102 of the Basic Law of the 7th Zi’lhijjeh 1293 and the Articles 7 and 43 Revised on 2nd Rejeb 1332 (26th Rebi’ü-’l-Evvel 1333 – January 29, 1914)

1038:). The rest of the constitution resumed its implementation up until 20 April 1924, when both the Constitutions of 1876 and 1921 were replaced by an entirely new document, the 474:

implemented, it was thought that it would rob Russia of any such claims. However, its potential was never realized and the tensions with the Russian Empire culminated in the

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becoming Sultan. Mahmud can be considered the "first real Ottoman reformer", since he took a substantive stand against the janissaries by removing them as an obstacle in the

766:("Morning Star"). Strauss wrote that the Bulgarian version "corresponds exactly to the French version"; the title page of the copy in the collection of Christo S. Arnaudov ( 2673: 2345: 600:

The constitution was originally made in Ottoman Turkish with a Perso-Arabic script. The Ottoman government printed it, as did printing presses from private individuals.

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Strauss stated that the Greek version "follows the French translation" while adding Ottoman synonyms of Greek terminology and Greek synonyms of Ottoman terminology.

1030:. However, since this document did not clearly state whether the Ottoman Constitution of 1876 was superseded, consequentially, only provisions contradictory to the 1972:

Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 88

1963:

Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 87

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Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 85

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Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 84

1907:

Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 82

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Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 45

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Devereux, Robert, The First Ottoman Constitutional Period A Study of the Midhat Constitution and Parliament, The Johns Hopkins Press, Baltimore, 1963, Print, p. 24

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Koçunyan, Aylin (2014-06-16). "The Transcultural Dimension of the Ottoman Constitution". In Firges, Pascal; Tobias Graf; Christian Roth; Gülay Tulasoğlu (eds.).

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No reliable information is available on this meeting, although the following source can be consulted with caution: Celaleddin, Mir'at-i Hakikat, I, pp. 168.

2502: 2323:Оθωμανικόν Σύνταγμα ανακηρυχθέν τη 7 Ζιλχιτζέ 1293 (11/23 δεκεμβρίου 1876) (Othōmanikon Syntagma anakērychthen tē 7 Zilchitze 1293 (11/23 dekemvriou 1876) 657: 636: 157: 342:

the belief that constitutional government would be a desirable check on autocracy and provide it with a better opportunity to influence policy. Sultan

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Gottfried Plagemann: Von Allahs Gesetz zur Modernisierung per Gesetz. Gesetz und Gesetzgebung im Osmanischen Reich und der Republik Türkei. Lit Verlag

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Do not translate text that appears unreliable or low-quality. If possible, verify the text with references provided in the foreign-language article.

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This version in French was used as the basis for translations into languages used by Christian and Jewish minorities and into English (printed in

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Röder, Tilmann J. (2012-01-11). "The Separation of Powers: Historical and Comparative Perspectives". In Grote, Rainer; Tilmann J. Röder (eds.).

176: 2296: 1070: 774:; Post-1945 spelling: Христо С. Арнаудов) stated that the work was translated from Ottoman Turkish, but Strauss said this is not the case. 744: 719: 17: 183: 912: 543:, the brother of the sultan, was arranged in which it was agreed that a constitution would be drafted and promulgated immediately after 2980: 709: 2879: 559:, was formed to work on the new constitution. They submitted the first draft on 13 November 1876 which was obstreperously rejected by 2414: 703: 466: 335: 190: 2711: 848:

from the French word "constitution", the Judaeo-Spanish derived its term from the French, and the Serbian version used a word from

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There were versions made in French and English. The former was intended for diplomats and was created by the Translation Office (

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newspapers, owned by their respective publishers, according to language, and there were other publications that re-printed them.

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Berkes, Niyazi. The Development of Secularism in Turkey.Montreal: McGill University Press, 1964. pp. 224-225,242-243, 248-249.

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But it can be shown that Midhat Pasa, the principal author of the 1876 constitution, was directly influenced by the Armenians.

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was long, for many different reasons. The Ottomans saw the Russians as their most fierce enemy and not one to be trusted.

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Cleveland, William L & Martin Bunton, A History of the Modern Middle East: 4th Edition, Westview Press: 2009, p. 79.

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Law No. 130 on the Revision of Some Articles of the Basic Law of 7th Zi’lhijjeh 1293 (5th Sha’ban 1327 / August 8, 1909)

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The article includes the following documents in "Annex: Constitutional Documents from the Ottoman and Iranian Empires":

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Imperial Lineages and Legacies in the Eastern Mediterranean: Recording the Imprint of Roman, Byzantine and Ottoman Rule

1306: 920: 91: 2616: 416: 2821: 2760: 2166: 1730: 1526: 1383: 1346: 1146: 1035: 1023: 953: 924: 919:) in the Ottoman Empire. One of the reasons they were taking a step into Ottoman territory was for the protection of 567:. After strenuous debates, a constitution acceptable to all sides was established and the constitution was signed by 475: 223: 104:

Content in this edit is translated from the existing German Knowledge article at ]; see its history for attribution.

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Strauss wrote that "perhaps the Judaeo-Spanish – version may have been checked against the original Ottoman text".

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The version in Ottoman Turkish was used as the basis of translations of versions for Muslims, in Arabic and Persian

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Cf. Jean Deny: 'Abd al-Ḥamīd. In: The Encyclopedia of Islam. New Edition. Vol. 2, Brill, Leiden 2002, pp. 64-65.

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Law No. 307 Revising the Revision of Article 76 of 5th Sha’ban 1327 (4th Jumada-‘l-Ula 1334 – February 25, 1916)

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took the opportunity to prorogue the parliament, citing social unrest. This allowed him to avoid new elections.

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Constitution ottomane promulguée le 7 Zilhidjé 1294 (11/23 décembre 1876) Rescrit (Hatt) de S.M.I. le Sultan

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Law No. 318 Revising the Articles 7, 35, and 43 Revised on 5th Sha’ban 1327 (2nd Rejeb 1332 – May 15, 1914)

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Cleveland, William (2013). A History of the Modern Middle East. Boulder, Colorado: Westview Press. p. 77.

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As European power increased over the 18th century, the Ottomans saw a lack of progress themselves. In the

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Strauss, Johann (2016-07-07). "Language and power in the late Ottoman Empire". In Murphey, Rhoads (ed.).

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Muslim-christian relations & inter-christian rivalries in the middle east: the case of the Jacobites

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The Ottoman Constitution was introduced after a series of reforms were promulgated in 1839 during the

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La constitution ottomane du 7 zilhidjé 1293 (23 décembre 1876) Expliquée et Annotée par A. Ubicini

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Versions in several languages for Christians and Jews used variants of the word "constitution":

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and Other Official Texts into Minority Languages". In Herzog, Christoph; Malek Sharif (eds.).

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Istanbul - Kushta - Constantinople: Narratives of Identity in the Ottoman Capital, 1830-1930

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Although talks about the implementation of a constitution were in place during the rule of

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