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RESCRIPT*
BY
BUTRUS
ABU-MANNEH
Haifa
174
BUTRUS
ABU-MANNEH
Quoted in A. Hourani, Arabic Thought in the Liberal Age, 2nd imp. (Oxford,
1969), p. 44.
56 -7.
175
he had partners in the act or the earlier and perhaps more lasting influence of his formative years prevailed upon him. That influence
originated from Pertev Papa, his mentor and protector at the
Porte for many years, who was known to hold an extremely Sunniorthodox outlook.9 Indeed, as we shall see in this paper, the ideals
that were to find expression in the Rescript seem to have been shared
by many members of the Ottoman political and religious elite, and
were the subject of much discussion before the drafting of the
Guilhane.
While modern historiography has put great emphasis on the role
played by Re?id personally, and by a few other young associates in
the drafting of the Guilhane Rescript and on its promulgation and
application,10 it has, at the same time, ignored many other important figures, perhaps equally motivated and without whose support
and backing nothing would have been achieved. First and foremost
among these was Sultan Abdiilmecid. The Sultan, portrayed as
"young and inexperienced",11 is regarded as a passive witness, as
are such old, experienced and powerful functionaries as the Grand
Vizier Hfisrev Papa, and the Sheikh ill-Islam Mustafa 'Asim Efendi.
They and many other statesmen and ulema are seen as no more than
onlookers, while Re?id upon his return from Europe, so it is
claimed, was immediately received by the Sultan and succeeded in
winning him over to his views.12
To my mind, the prevailing view of the origins and drafting of
the Giilhane Rescript does not stand up to closer scrutiny. While
the contribution of Mustafa Re?id and associates of his to the drafting of the Rescript and to other measures of reform cannot be
underestimated, the truth was much more complicated. The following is an attempt to have a fresh look at the origins and making
9 serif Mardin, The Genesis
of Young Ottoman Thought (Princeton, 1962), pp.
158f. On Pertev, see note no. 70 below.
10 Modern historiography is virtually united in its claim that Resid was the sole
drafter. See Kaynar, p. 154; 5eref, p. 48 and Bailey, pp. 185f. A slightly different
view is found in Shaw and Shaw, p. 60: "the text itself [was] prepared under
Mustafa Resid's guidance at the Porte by its Consultative Council ..." The
authors provide no evidence for their statement.
11 C. Baysun, "Mustafa Resid Papa," in Tanzimat, (Istanbul,
1940), p. 734.
12 Baysun, Ibid.; see also
5eref, pp. 61-2; Bailey, p. 180 and "Tanzimat" in
IA, XI, 719.
176
BUTRUS
ABU-MANNEH
THE ISLAMIC
RESCRIPT
177
Middle East and NorthAfrica in WorldPolitics (Columbia, 1975), pp. 269- 71. Inciden-
21
On the practice of the Sultans, see Ahmet Mumcu, OsmanliDevletindeSiyaseten Katl (Ankara, 1963), pp. 147-62.
178
BUTRUS
ABU-MANNEH
tyranny prevailed throughout the land.22 This state of affairs encouraged the people to seek other means for protection and security,23 which in turn accelerated the decline of the central government and its agencies in the provinces.
Perhaps due to such conditions, or for other reasons, there
emerged in the 18th century in Anatolia local notables who were
called derebeys,"lords of the valleys," indigenous rulers who "were
inclined ... to consider the interest of the peasantry more sympathetically than the ... governors that represented the sultan".24
Not only did the derebeyssucceed in establishing ruling families and
achieve a great deal of self-rule, their rule was hereditary. They continued to acknowledge, however, the ultimate sovereignty of the sultan and paid him tribute. According to some, their dominions were
far better governed than those that were under direct government
control.25
About the same time in the towns and cities of the Balkans, there
emerged local notables (ayain) whose rise and origin perhaps differed
from that of the derebeys,but who came to occupy a very similar status. As the derebeysthey set out to protect the subjects, had their own
troops and enjoyed full control over their districts, while paying tribute to Istanbul.26
Thus, by the beginning of the 19th century, rule in the provinces
of the Ottoman Empire resembled to a large extent to a decentralized system of government.27 Aydan and derebeysand other local
chieftains were the virtual rulers of the land. Loyalty to the sultan
was observed, but his authority in most of the regions of the Empire
was ineffective.
THE ISLAMIC
RESCRIPT
179
At this time, too, the authority of the sultans was challenged even
in Istanbul, the seat of government. As had happened in 1806 - 1807
to Sultan Selim III, Janissaries or rather Janissaries together with
a faction of high ulema contested his freedom of action. For the Sultanate of the House of Osman this meant that it had reached its
lowest ebb.
Sultan Mahmud II rose to the Sultanate after great disturbances
in Istanbul which had claimed the lives of his cousin Selim III and
of his elder brother Mustafa IV. He himself was elevated to the Sultanate by an acyan of Rus~uk (Russe) in Rumelia named Mustafa
Bairakdar, who had occupied Istanbul with his own troops and controlled it for several months, a course of action unheard of in the history of the Ottomans. It seemingly heralded the final move of the
acydnand derebeystowards taking control of the central government
and deciding the fate of the Empire.28
To attain the Sultanate in circumstances such as these was not a
particularly great honour for Mahmud, nor indeed for the Ottoman
dynasty, and he was determined to restore the power of the sultan
at whatever price and by whichever means necessary.29 First of all,
he set out to restore centralization to the system of government in
the provinces, which meant that he had to destroy the power of the
a'ydn and derebeysand substitute them by governors that he himself
had appointed and whose powers emanated from him. Many of the
aydan and derebeyswere moved to other, further away districts, and
many were declared rebellious, attacked and destroyed, while others
were done away with by other means.30
Even before the annihilation of the power of the acydnand derebeys
was complete, Mahmud moved against the Janissaries and in 1826
had them eliminated, followed by the suppression of their centuries28 See especially what Nuri (p. 58) and Inalcik (pp. 52-3) wrote about the
"Sened-iIttifak"which the a5yanand derebeys
signed in Istanbul in the Fall of 1808;
see Ahmed Cevdet, Tarih, 12 vols. 2nd ed. (Istanbul A.H. 1309); see IX, 278-82
(appendix 2) for the text of the "Sened".
29 There is no monograph on Sultan Mahmud II. Short assessments, however,
are found in Lutfi, Tarih,VI, pp. 32-7; Lewis, pp. 75ff; IA, VII, 165-70, and
El2, VI, 58-61 and bibliography.
30 Mustafa Nuri, IV, 98; Slade I, 218-20 and Ch. MacFarlane, Constantinople
in 1828, 2 vols. 2nd ed. (London, 1829), II, 11Off.
180
BUTRUS
ABU-MANNEH
1342/1923-24), I, 172ff.
35 See my forthcoming article "Muhammad Ali Pasha and Sultan Mahmud II,
the Genesis of a Conflict."
36 D.S. Frank (ed.), Islamin theModernWorld(Washington,1951), p. 42 (the article of Birge); see also I.H. Danismend,
181
in Egypt from Asia Minor and other provinces to testify to him the
good will of the people there . .. ".138
In the light of the policies of Sultan Mahmud and the attitudes
they provoked, there seems to have been an attempt in the late 1830s
to convince him to proclaim a decree along the lines we later will find
in the Guilhane Rescript.39 This is reported by Abdulrahman ~eref,
the last official Ottoman historian (VakCaNuves). While he does not
say when and by whom the Sultan was approached on the matter,
he adds that Akif Papa, the minister of the interior, convinced him
against such an act.
Sultan Mahmud did, however, at this stage decide upon a number of measures of reform. In March 1838 he established the High
Council of Judicial Ordinances and put at its head the veteran
officer and statesman, M. Hfisrev Papa, who in January 1837 had
been dismissed from the office of Serasker.40 Moreover, the Sultan
cancelled the arbitrary practice of miusdere, the confiscation of the
property of a deceased high functionary.41
That Mahmud would not be persuaded to promulgate an edict as
the later Guilhane Rescript, was possibly because he was still hoping
for a military victory over Muhammad Ali. Such a victory, he
deemed, would vindicate his acts and policies and silence his opponents. Whatever reform measures he introduced, Mahmud's motives were far from being inspired by the ideals later to underpin the
Guilhane Rescript. For him absolute sultanic power was and should
remain supreme throughout the land.
38
[Anonymous], Three Letters on the Policy of England towards the Porte and MohammedAli London, 1840), p. 18; see also [Anonymous] The Sultan Mahmud and
Mehmet Ali Pasha 2nd ed. (London, 1835), p. 24. See also Y. Hofman, "The Administration of Syria and Palestine under Egyptian Rule (1831 - 1840) in M. Ma'oz
(ed.), Studies on Palestine During the OttomanPeriod (Jerusalem, 1975), pp. 311 -33,
see p. 312-3 and n. 12.
39 Abdulrahman 5eref, Tarih-i Devlet-i Aliyye, 2 vols.
(Istanbul, A.H. 1315) II,
317 and idem, Tarih Musahabeleri, p. 48; and M. Nuri, IV, 94; Danismend, IV,
123.
40 On Mehmet Hiisrev, see Ahmed CAta, Tarih, II, 118- 27. 5eref, TarihMusa-
182
BUTRUS
ABU-MANNEH
p. 146, n. 2
44 Ahmed Lutfi, Tarih,V, 39 and SO, II, 435, and IV, 720.
45 On Ak?ehirli Omer, SO, III, 600-1.
THE ISLAMIC
RESCRIPT
183
Nothing could be found of the material of his studies, neither subjects nor books, except for the fact that at the age of ten he completed
the reading of the QurPn (hatm-i Fur.kan).46We may assume,
however, that he was introduced to such subjectsof Islamic learning
that a future Muslim ruler should acquire. This makes the role his
tutors played in his education exceptionally important.
Little is known about Zeyn-fil Abidin Efendi and Omer Efendi,
but about ?ehri Hafiz we know a good deal more. When on a visit
to Makka, he was initiated and trained in the Naqshbandi-Khalidi
suborderby Sheikh Abdullah al-Makki, a khalifa(deputy) of Skeikh
Khalid,47and thus became a follower of the Khalidi suborder. This
is important for our discussions, because to become a follower of this
order required certain convictions and a way of life turned towards
Allah. The Naqshbandi-Mujaddidi order, of which the Khalidi
suborder is a branch, is distinguished by its strict adherence to
Sunni-Orthodox Islam, and by enjoining its followers to abide by
shariFaprecepts.48Moreover, it enjoins them to seek influence with
rulers and their men in order to insure the supremacy of the sharFia
in the state and thus to bring justice and righteousness into their
acts.49One may assume that, as a Naqshbandi-Khalidi, 5ehri Hafiz tried to influence his young student in that direction. When Abduilmecidbecame Sultan he gave due respect to his former tutor and
had him appointed as the muftiof the Imperial Guard (Hassa Ordu
Humayunu).This means that 5ehri Hafiz continued his connections
with the Palace. He remained in this capacity until 1263 (1847).50
46
47
48 On Sheikh Kh.lid and the Khalidi suborder, see A.H. Hourani, "Sufism
and Modern Islam: Mawlana Khalid and the Naqshbandi order" in idem, The
gar "A Brief History of the Naqshbandi Order" in Marc Gaborieau et al. (eds.)
Naqshbandis(Istanbul, 1990), pp. 28ff. and my article "The NaqshbandiyyaMujaddidiyya in the Ottoman Lands in the early 19th Century," Die WeltdesIslams, XXII (1982-84), pp. 1-36 and n. 1 and n. 4.
49 Ibid., p. 14 and H. Algar, "Political Aspects of Naqshbandi History" in
Marc Gaborieau et al. (eds.), op. cit. p. 126 and p. 139ff.
50 On this army corps, see M.Z. Pakalin, Osmanli Tarih-i Deyimleri ve Terimleri,
184
BUTRUS ABU-MANNEH
At the time, the Naqshbandiyya-Mujaddidiyya had a long tradition of more than one hundred and fifty years behind it in Istanbul.
It was first introduced into the Ottoman capital by Murad alBukharl, towards the end of the 17th century.51 During the 18th,
more "missionaries" of the order arrived in Istanbul, and interest
in its teachings grew. Not only did ulema or higher state functionaries join the order, it also found many followers among the litterateurs. Towards the end of the 18th century, Sheikh Muhammad
Emin, one of the order's khalifas, exerted a growing influence among
those state functionaries who stood behind the military reforms undertaken by Sultan Selim III.52
When khalifas of Sheikh Khalid began preaching in Istanbul a little before 1820, "many people of high rank and of good fortune
among
the dignitaries
. .. ".53 joined
them. And
when towards the end of the 1820s Sultan Mahmud tried to remove
the Khalidi sheikhs from Intanbul (which turned out to be a temporary measure), it did not halt the expansion of the NaqshbandiMujaddidi order in the city. In the later 1820s a sheikh of Indian origin, Muhammad Jan (al-Bajuri), settled in Makka. He was a khalifa
of the famous Sheikh of Delhi, Shah Ghulam Ali, who was also the
preceptor of Sheikh Khalid. Muhammad Jan was active as of the
1830s and succeeded in gaining many followers in Istanbul.54
One of the believers and followers of Muhammad Jan in Istanbul,
was Abdiilmecid's mother Bezmi-Alem. Originally a Georgian
slave, she had been purchased and brought up by Esma Sultan, a
sister of Mahmud II.55 Esma Sultan was the widow of Kuiuik
Hiiseyin Papa (d. Dec. 1803), the celebrated kapudan (admiral) of
51 On Murad al-Bukhari see Khalil al-Muradi, Silk al-Durar,4 vols.
(Cairo
A.H. 1291-1301), IV, 129-30.
52 See my article, n. 48, above, pp. 17-21.
53 Suleiman Faik Mecmulasi, Istanbul Universitesi
Kuitiiphanesi TY 9577 fols.
4a-b; Lutfi, Tarih I, 286; and my article in n. 47, p. 24.
54 On sheikh Muhammad
Jan, see H. Vassaf, sefinet-ul Evliya Suleymaniye
Kiitiiphanesi Yazma Ba'gllar 2306, fol. 161, Abdulmajid al-Khani al-Hada'iq alWardiyya
(Cairo, A.H. 1308), pp. 221- 2 and M. Murad al-Qazani al-Manzilawi,
A.H.
THE ISLAMIC
RESCRIPT
185
On Bezmi-Alem, see Uluqay, pp. 120- 1; see also IA, XIII, 185 "Valide Sul-
59 Ch. MacFarlane,
Turkeyandits Destiny,2 vols. (London, 1850), see II, 244f;
Lewis, p. 104.
60 On the benevolent acts of Bezmi-Alem, see reference in n. 57 and 5emseddin
186
BUTRUS
ABU-MANNEH
was exposed to Naqshbandi-Mujaddidi belief and that orthodox Islamic ideals formed the foundation of his convictions and sociopolitical outlook, which naturally after his rise and for some years
to come, continued to reflect itself in his actions.
Moreover, there were other people related to the Palace who at
this stage were followers of the Naqshbandi-Mujaddidi order. First
of all the Sultan's sister, CAdile Sultan, who in about 1845 became
a follower of Sheikh Shumnulu CAli.65Two other ulema employed
at the Palace during the later days of Sultan Mahmud were Naqshbandis. The first was Eyyubi Abdullah Efendi (d. 1252/1836) who
was the head reciter of the Qur'dn(re'is-il kurra').66 The second was
the calligrapher Mustafa Izzet. He had become a khalifa of Sheikh
Muhammad Jan when on a visit to Makka in 1830. After returning
to Istanbul and because of his beautiful voice he was taken to the
Palace as muiezzin.Prior to the death of Mahmud, however, he became the khattbat the Eyyup mosque. One Friday in 1845, Sultan
Abdfilmecid performed his prayers at his mosque and heard his sermon. Much impressed by it, he took him back into the Palace service
as his second and soon thereafter his first imam. In 1852, however,
Izzet left this position to join the legal service.67
Indeed, it would appear that not only the Sultan, the Valide
Sultan, and a number of Palace functionaries were influenced by
Naqshbandi-Mujaddidi teachings but that many members of the
upper echelons of the state were affected by them to one degree or
other.
Among the Khalidi followers in 1839, we find the incumbent
Sheikh il-Islam Mustafa CAsim Efendi who had occupied this office
65 CAdile Sultan was the wife of Damad Mehmed CAli. She contributed a
"chandelier" for the zawiya of Sheikh M. Jan in Makka. She is also remembered
in Istanbul for her many benevolent acts. Cf. Vassaf II, fol. 161, Inal, I, 32 -3, SO,
187
twice before, but now was to serve in this capacity for about 14 years
successively (1833 -1846) and there are many signs that he enjoyed
a growing influence in the councils of the state, especially after the
death of Sultan Mahmud.68
At the rise of Sultan Abdfilmecid, the aged statesman Hfisrev
Papa occupied the post of Grand Vizier. An Abaza by origin who
had been brought to Istanbul as slave, Hfisrev started his career in
the Palace, then became a secretary and afterwards a kethudato Kui?uk Hiiseyin Papa. After his mentor had died, he maintained his
connections with the Palace and served Sultan Mahmud II faithfully
in various military capacities. We do not know of any sufi affiliations
he may have had, but his closeness to Kiiufik Hiiseyin in his early
life might have affected his views. In old age we find him establishing a Naqshbandi tekkein Emirgan, a township on the Bosphoros,
beside his mansion, and renovating the mosque of the place and establishing a library there.69 Moreover, in his vakfiye,he assigned an
adequate amount for the upkeep of the dervishes of the Naqshbandi
tekkeof Koca Mustafa Pa?a outside the Edirne gate in old Istanbul.70 Both acts suggest a favourable attitude towards the Naqshbandi order.
Not only the sheikh ill-Islam or, to some degree, the Grand Vizier
but also Mustafa Re?id, foreign minister in 1839, had been exposed
to similar influences. His mentor at the Porte, Pertev Pa?a-whom
Sultan Mahmud had put to death in September 1837-had been a
Naqshbandi-Mujaddidi adept and a follower of Sheikh 'Ali Bahcet,
the head of the Selimiyye tekkein Uskiidar.71 Mustafa Re?id owed
much to Pertev and held his memory in great respect.72
In summary, when Sultan Abdfilmecid rose to the Sultanate, both
68 On Mustafa CAsim,see IlmiyyeSalnamesi,p. 580; A. Rifcat, Devhat-iilMeidyih
(Istanbul, n.d.), pp. 124f. On his being a Khalidi see Ascad Sahib (ed.), Bughyat
al-Wajidfi MaktubatMawlanaKhalid(Damascus, 1915), p. 105f., p. 252f.; Algar,
"Political Aspects . . .", p. 140.
69 CAta, Tarih, II, 120.?
70 On Hiisrev, see above n. 39.
71 On Pertev Pasa, see M.K. Inal, SonAsir Turk5airleri,pp. 1301-9; TurkAnsiklopedisi,XXVI, 477-78, and my article cited above, n. 47, p. 21; and El2, III,
1066.
72 On Resid's debt to Pertev, see Baysun, p. 725 and n. 3, 4, 5 and Mardin,
p. 161.
188
BUTRUS ABU-MANNEH
the Palace and the Porte appear to have been motivated by the ideals
of Orthodox Islam, perhaps more than at any time before. This
might have helped to determine their view as to the measures needed
to put an end to the prevailing malpractices and abuses of power,
and to restore security and justice into the acts of the government
and throughout the Ottoman lands.
There is no doubt that it was this united resolve which made the
promulgation of the Guilhane Rescript possible. In this sense Muhammad Ali was right when he wrote to his son Ibrahim in Syria to
keep on his guard because after the death of Sultan Mahmud
"Istanbul started ... to close its ranks".73
As a final remark, it is perhaps appropriate to add that this rise
of the impact of Sunni-Orthodox Islam in Istanbul and in many
other urban areas of the Empire was clearly manifest in the cultural
field in the first half or so of the 19th century. According to one
authority: "In the field of literature and philosophy the Tanzimat,
as a whole, was an era during which translations into [Ottoman]
Turkish of Islamic literature reached unprecedented proportions
...
no translations from European thinkers,
Conversely,
philosophers, or litterateurs were undertaken in Turkey [sic] in the
first half of the nineteenth century".74 Furthermore, with the advent of printing both in Cairo (the Bulaq printing press) and in
Istanbul many of these translations found a relatively wide circulation. 75
4. The making of the GulhaneRescript
As we saw above, prior to his rise Sultan Abduilmecid had been
exposed to Naqshbandi-Mujaddidi beliefs through his tutors, espe-
73 A. Rustum
(ed.), al-Mahfu.zatal-Malakiyyaal-Misriyya, 4 vols. (Beirut,
1940-43), IV, 155, Doc. 5918.
74 Mardin, p. 203; see also Tanzimat (Ankara, 1940),
p. 445.
75 Translations from European languages took place in the fields of
engineering, medical and military sciences for specific purposes only. See Ekmel Eddin
Ihsan-Oglu, "Some critical notes on the introduction of modern sciences to the Ottoman state ..." in Jean-Louis Bacque-Grammont and Emeri van Donzel (eds.),
Comiti International D'Etudes . .. Ottoman, [the proceedings of the] VI Symposium
(Istanbul-Paris-Leiden, 1987), pp. 235-52.
189
cially ~ehri Hafiz and, through his mother Bezmi-Alem.76 How far
this influence went and what impact it left on him could only be
ascertained after a study of the life at the Palace during this period
and in particular of the life and customs of the Sultan himself. But
the fact that he gave his approval of and funded the building of a
mausoleum and a large zawiya over the tomb of Sheikh Khalid in
Damascus (between 1842- 1846) and designated evkaf for their upkeep,77 was undoubtedly a sure sign of the respect in which the Sultan held the memory of the founder of this Naqshbandi-Mujaddidi
suborder.
One other spectacular act of religiosity of the Sultan was the
building anew of the mosque of the Prophet in Madina (1270/
after he had the old building, dating from the
1854-1274/1858),
late 15th century, demolished.78
The benevolence the Sultan had shown towards the followers of
the Khalidi suborder by erecting the mausoleum over the tomb of
the founder must have endeared him to them. Abdulmajid alKhani, the author of a history of the Naqshbandi order in Arabic,
eulogized the Sultan as "ahlam muluk bani Cuthman"(the most clement of the Ottoman Sultans)79-an epithet of high praise, especially in a ruler. On his part, Abdiilmecid seems to have been eager
to live up to such a reputation. Thus, in an Imperial edict (Hatt-i Humayun) addressed to the Grand Vizier80 three days after his rise to
the Sultanate, Abdiilmecid wrote the following: "The Caliphate has
passed on to us by inheritance and by right." Because of that and
because God had entrusted to our care the lands and the people
(memalikve Cibdd),we have to depend upon divine support and upon
the spiritual aid of the Prophet. Consequently it is our wish to see
that the exalted fericatis applied in all matters and that "all the inhabitants" (kaffeyi ehali ... ve beraya)should enjoy tranquility and
peace.
76 See above, pp. 183-186.
77 CAbd al-Razzaq al-Bitar,
.Hilyat al-Basharfi Tarikh al-Qarn al-Thalith CAshar,3
190
BUTRUS ABU-MANNEH
191
84 See,
e.g. on Ibrahim Sadib Efendi in Ba~bakanhlkArpivi (hereafter BBA), Da-
192
BUTRUS
ABU-MANNEH
the various other communities" (ehli Islam ve mileli sa'ire). Consequently, the petition demanded public trials for criminals, and that
no one should be put to death "openly or secretely, by execution or
and the law of
by poison" without a verdict according to the erMiat
the state. Another important point concerned the taxes. These
should be levied "according to the means and property" of the subjects. Conscription, moreover, should be "in proportion to the size
of the population of each province ... and the period of military
service should be defined."
For a long time, the petitioners added, "neither the illustrious
Qur'anic ordinances nor the exalted laws have been observed".
This and a variety of oppressive acts and severe measure caused the
decline of the Ottoman lands. In other words, the petition continued, as long as the current corrupted ways were not wholly and
totally eliminated and as long as a renewed form of administration
was not applied, and each person had not attained perfect security
of life, possessions, honour and dignity, it would be impossible for
the exalted state to achieve strength and power. Thus, principles
should be laid down according to which the necessary ierci laws
would be established.
(kavanin-i gerCiyye)
Once these foundations were laid, "the supreme interests of the
exalted Sultanate will progress day after day" and "the protected
lands will gradually gain in prosperity." Indeed there is no greater
service for the honoured gercithan this and no greater benevolence
and compassion for land and community. They suggested that the
Sultan issue an irade to this effect. The overriding objective, they
concluded, was "the revival and regeneration of religion and state,
land and community (millet)." They were of the belief moreover,
that "the news of this beneficial iradewill produce effects both internally and externally and will make easier [the solution] of several
difficult questions. " To reject these beneficial foundations "is tantamount to, God forbid, infidelity" (kufr menzilesinde).86They concluded by stating that they have agreed unanimously on these
matters.
86 This dictum is rooted in the classical Islamic concept that "by nature Muslims are predisposed to justice and infidels to injustice," see p. 93 in A.K.S. Lambton "Justice in the Medieval Persian Theory of Kingship," Studia Islamica XVII
(1962).
193
In the iradewritten at the top of the sheet of the petition, the Sultan
expressed his satisfaction with the petition and ordered to have it
proclaimed publicly as a hatt-i gerif. Though the petition is undated,
it is clear that it preceded the hatt-i ierif of Gfilhane, and formed in
fact its immediate antecedent. When we compare the two documents we find that most of the arguments run parallel. They follow
here, in a slightly changed order.
- The decline of the Ottoman lands was due to arbitrary and
despotic government.
- It is a duty to restore the supremacy of ierMCat
and law in the state.
- It is a duty to provide security for life, honour and property.
- No punishment without public trial and a verdict.
- Taxes are to be fixed according to the wealth and means of each
subject.
- Even distribution of the burden of military service according to
the size of the population in each province.
- The enacting (vazCi)of gerCilaws [sic] to guarantee the execution
of these fundamentals.
- Finally, these rights should be extend to all subjects, Muslims as
well as non-Muslims.
However, in one major aspect the Gfilhane Rescript went further
than the demands of the petition and that is that in it the sultan
pledged to take an oath in the hall of the sacred relics, not to act contrary to its stipulations, and that the senior ulema and state functionaries take a similar oath, an action no Ottoman sultan before Abdiilmecid had ever undertaken.87
While Mustafa Re?id Pa?a may have played a leading role in
drafting this petition as well as the Guilhane Rescript, they cannot
be attributed exclusively to him or to his initiative, as modern
historiography claims. Indeed, after the death of Sultan Mahmud all
political forces in Istanbul-the Palace, the old and young bureaucrats at the Sublime Porte and the senior ulema-were united in
their resolve to end the rule of arbitrary and despotic government
87 I haveusedthe GuilhaneRescriptwhichappearedin Lutfi, Tarih,VI, 61-4.
The translationwhichis foundin J.C. Hurewitz,TheMiddleEastandNorthAfrica
in World
Politics(Columbia,1975),pp. 269-71, is not complete.A long important
paragraphat the end of whichthe sultan'spledgeis found, is missingfromthis
translation;cf. fromthe bottomof p. 63 till end of the Rescript,p. 64 of Lutfi,VI.
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89 BBA, Dahiliyye Iradeleri no. 1907, dated 18 Ramazan, 1255; and Takvim-i-
195
226.
E.I.J. Rosenthal,
1958), p.
expressing the satisfaction of the population and calling the sultan "thalithal'Umarayn," the third of the former two Arab Caliphs called Umar, known for their
piety and justice; see also M. Mashaqa, Muntakhabat min al-Jawab Cali Iqtirdh al-
196
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197
The drafter (or drafters) of the Gilhane may have been aware of
this work of Ghazali, or perhaps of other works of this genre which
on the whole regard justice as a primary duty of the ruler. However,
we find various parallels between the Gfilhane and Nas.hat al-Muluk.
Ghazali opens with the hadith that "a day of justice of the sultan
is more preferable to God than 70 years of worship".101 Thus, after
exhorting the ruler to be just, he adds that if a country is prosperous
and its people enjoy security and repose, this is a sign of the justice
of the ruler and his prudence and good intentions towards his subjects.102 The more the country prospers the more grateful and loyal
are its subjects.103 In pre-Islamic Persia, he added, when the kings
were just and cared for their subjects, their country flourished but
when they turned despotic, it fell into ruin and the Muslims occupied it. 104Indeed, "kingship survives with infidelity but not with
oppression".105
A similar argument appears in the Giilhane Rescript. After
promising guarantees for "perfect security for life, honour, and
property," the Giilhane goes on to say that "if there is an absence
of security for property . . . no one interests himself in the prosperity
of the land." A man who is subject to insecurity might take recourse
to violence and thereby injure government and country, added the
Rescript. But if "he feels complete security about his possessions
then he will become preoccupied with his own affairs, which he will
seek to expand, and his devotion and love for his state and community will steadily grow." Indeed when a man enjoys "perfect security ... he will not depart from the ways of loyalty ... ,"106
The above discussion has tried to show that among the sources of
the ideas contained in the Guilhane Rescript were the Ottoman
memorialists and Islamic political thinkers, especially of the Middle
Ages. It is our contention that none of what the Gulhane conveyed
constituted a deviation from the ierFiat. Indeed, Ziya Pasha, the
Young Ottoman activist was right in stating that "If the Guilhane
101NasIha,p. 13.
Ibid., p. 53.
103 Ibid., p. 47.
104 Ibid.,pp. 44-5.
102
105 Ibid., p. 4.
106 Hurewitz, p.
270.
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Rescript is put ... under scrutiny, not a word can be seen outside
of the rules of the serFat . . . "107
6. The ImmediateEffects of the GuilhaneRescript
It is perhaps appropriate to ask at this stage what were the effects
of the Gfilhane Rescript on its promulgation? And in what way did
it serve the aims of the Ottoman government at the time?
In their petition of late Summer 1839, the signatories stated that
the news of the Sultan's "irade will produce effects both internally
and externally and will make [the solution] of several difficult questions easier."108 It is not entirely clear what is implied here, but
presumably the reference is to the conflict with Muhammad Ali.
By "externally," the petitioners may have meant that the news
of the proclamation of the Giilhane Rescript would show the Sultan
in the eyes of the European powers as worthy of support against the
Pasha of Egypt. Thus Professor R. Davison may have been right in
stating that primarily the Giilhane "was aimed at European public
opinion ".109 But, to my mind, it was only partly so. Rather, its objectives may largely have been "internal," aimed at the Ottoman
public to whom it promised to bring justice and equity, security and
stability. This, as we have seen, was the basic desire of Sultan Abdiilmecid, in contradistinction to his father, and as inspired in the
iradeto his ministers on 17 July 1839. In other words, it is suggested
to see the motives behind the Gfilhane Rescript as a mixture of idealism and political expediency.
The crushing defeat of the Ottoman forces at Nizib at the hands
of Muhammad Ali's army on 24 June 1839, a week before the rise
of Sultan Abdfilmecid must have been a most discouraging moment
for him. Inevitably, the image of the Ottoman government was badly affected. Thus a major question for the young sultan was how to
regain the respect, the goodwill, and the confidence of his subjects.
In other words, after Nizib, it was of the utmost necessity for the new
107 Quoted in I. Sungu "Tanzimat ve Yeni Osmanlilar,"
in Tanzimat (Ankara,
1940), p. 810.
(Princeton,
54.
1963), p.
199
sultan and the Sublime Porte to capture a moral lead over Muhammad Ali and to counter those who, out of despair had come to hold
the view that only Muhammad Ali could regenerate community and
state.
If this was the aim, the Sultan and the Porte succeeded considerably well. The Rescript was printed and despatched (and translated
where necessary) to all the provinces of the empire, including Egypt
and Syria. As expected, it created a general sense of satisfaction.110
But perhaps, the most important effect from the Ottoman point of
view, took place in Syria, still under Muhammad Ali. In the words
of Cevdet Papa, "When the firman of the Tanzimat-i Hayriye was
made known in Arabistan, it turned public opinion (there) in favour
of the sultanate and against the Egyptians. The people of Aleppo
and Damascus changed all of a sudden against them. Consequently
the Ottoman troops that were sent to Syria achieved victory easily
while the Egyptian troops withdrew to Egypt hastily and in confusion" .111
If Cevdet is right, then the Gfilhane Rescript helped to tip the
scales in favour of the sultan in Syria. The attitude of the Syrians
towards Egyptian rule from the beginning had been ambivalent.
The contents of the Gfilhane Rescript reconfirmed their loyalty to
the sultan. But this in itself was not enough to cause the decline of
the power of the Egyptian army in Syria, as Cevdet assumed. There
were, it seems, other weighty factors connected with the Egyptian
army itself, which reacted unpredictably to the measures of Istanbul.
First of all, within days of the rise of Sultan Abdulmecid, a special
emissary was sent from Istanbul to Muhammad Ali, carrying the
pardon and forgiveness of the Sultan, and the undertaking to grant
him Egypt on hereditary basis.112 This conciliatory offer, Muhammad Ali deemed insufficient and he demanded Syria on a hereditary
basis as well together with the dismissal of his lifelong enemy Hfisrev
Papa from the post of Grand Vizier.113
110 See n. 96.
ll Ahmed Cevdet, Tezakir, I, 7-8.
112 Lutfi, Tarih, VI,
40-41; and Takvim-i Vakayi, dated 28 Rabi II, 1255 (11
July 1839).
113 See two letters of Muhammad Ali to the Porte in Lutfi VI, 42-47; also al-
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When the Gfilhane Rescript was sent to Egypt and Syria, Muhammad Ali responded by saying that "he had given orders to have
it read publicly in a large meeting in Cairo".114 And as we have
seen, it was read publicly in Syria and well received.
These two moves by Istanbul seem to have led to the first beginnings of a change of heart among the officers of the Egyptian army,
the great majority of whom were of Turkish origin. These officers
had been fighting Istanbul for the last nine successive years. But
when the Sultan committed himself in the Gulhane Rescript to end
arbitrary and despotic government and promised a new era of security and the rule of law while offering at the same time to conciliate
himself with Muhammad Ali, their motivation to continue fighting
seems to have declined. As a result of that the army was not the same
fighting force as before. We are told that a colonel by the name of
Sadik Bey and the staff of his brigade, all defected to the Sultan's
side.l 15When Ibrahim Pasha returned to Damascus in November
1840, he put to death five colonels of his army "because they had
committed treason",116 whose nature remains unknown.
A little earlier, Ibrahim had put to death Ali Agha KhazlneKatibi, a Damascene notable who from the beginning had been one
of his close advisors on Syrian affairs, accused of treason.117 Even
Sharif Pasha, a son-in-law of Muhammad Ali who had served as
governor-general of Syria for eight years, was accused of contacts
with the enemy and was arrested by Ibrahim and taken back to
Egypt under escort.118 His case indicates without doubt that many
members of the Turco-Egyptian elite who had been united against
Sultan Mahmud began to show signs of a divided loyalty, if not an
outright change of heart, in the wake of the promulgation of the GillMahfu-atal-Malakiyya,IV, documents 5907, 5914, 5923, pp. 128-9, 130-1, 164,
respectively.
114 Ibid., doc. 6155, IV, p. 283, dated beginnings of
Zilqade, 1255.
115 Mustafa Nuri, IV, 96.
201
202
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THE ISLAMIC
RESCRIPT
203
Indeed, already shortly before the fall of Reqid in 1852, the acts
of the government and the measures of reform took less and less account of the shari:a, and Ottoman statesmen began borrowing measures from the West. These developments resulted in a split within
the Ottoman elite in the third quarter of the 19th century as seen in
the Kiileli Affair in 1859 and in the rise of the Young Ottoman
movement about the mid-1860s.