By examining laws and proposals related to constitutional amendments, the Mecelle, and sharī‘a courts in the 1908–1912 Ottoman parliament, I attempt to explain how ulema in parliament tried to implement their understandings of constitutionalism and legal reform within the legislative framework of the period as set against the framework of parliamentary politics. I focus on the upper-level ulema members of the Chamber of Deputies as they worked to implement their understandings of law and constitutionalism and followed a political strategy to achieve their goals. Based on my study of the draft constitution, official parliamentary publications, and the popular press, I identify the understandings of legal reform that underpinned their proposals and how they influenced the constitutional amendment process, by contrast to the failure of their efforts to expand the Mecelle and reform the sharī‘a courts.
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Elizabeth F. Thompson, Justice Interrupted: The Struggle for Constitutional Government in the Middle East (Cambridge: Harvard University Press, 2013). As Thompson demonstrates, Islamists who supported constitutions and constitutional governments were a diverse lot. Generally speaking, the ulema were distinct from the Islamists. In the late Ottoman context, however, upper-level ulema were considered part of the Islamist class (though they were not its sole constituent and the identification of a group of “Islamists” [islâmcılar] first occurred only in 1913); see İsmail Kara, İslâmcıların Siyasî Görüşleri: Hilafet ve Meşrutiyet, 2nd ed. (Istanbul: Dergâh Yayınları, 2001). Following the conventions of Turkish historiography, I use the terms ulema and Islamist interchangeably in this section.
Sohrabi, Revolution and Constitutionalism in the Ottoman Empire and Iran, 299–313; Hadi Enayat, Law, State, and Society in Modern Iran: Constitutionalism, Autocracy, and Legal Reform, 1906–1941 (New York: Palgrave Macmillan, 2013), 57–81; Janet Afary, The Iranian Constitutional Revolution, 1906–1911 (New York: Columbia University Press, 1996), 89–115; Mangol Bayat, Iran’s First Revolution: Shi‘ism and the Constitutional Revolution of 1905–1909 (New York: Oxford University Press, 1991); and Vanessa Martin, Islam and Modernism: The Iranian Revolution of 1906 (New York: Syracuse University Press, 1989).
Muhammad Qasim Zaman, The Ulama in Contemporary Islam: Custodians of Change (Princeton: Princeton University Press, 2002).
Kara, İslâmcıların Siyasî Görüșleri, 183–84. On the linkage between the constitution and sharī‘a, see Ömer Ziyaeddin, Mir‘at-ı Kânûn-i Esâsî (Istanbul: Sâika Matbaası, 1324 [1908]).
Küçük Hamdi, “Makale-i Mühimme,” Beyânü’l-hak (hereinafter BH) I/18 (19 Kânûn-ı sâni 1324) [1 February 1909], 403. The İMC by-laws also make a linkage between the constitution and the Mecelle; Tarık Zafer Tunaya, Türkiye’de Siyasî Partiler, 1859–1952 (Istanbul: s.n., 1952), 271.
Küçük Hamdi, “Vaaz,” BH I/1 (16 Ramazan 1326) [12 October 1908], 7.
Nathan J. Brown, “Shari‘a and State in the Modern Muslim Middle East,” International Journal of Middle East Studies 29 (1997): 369–73.
Sohrabi, Revolution and Constitutionalism in the Ottoman Empire and Iran, 257–63.
Sohrabi, Revolution and Constitutionalism in the Ottoman Empire and Iran, 263–67.
Kücük Hamdi, “İslâmiyet ve hilafet ve meșihat-ı İslâmiye,” BH, 1/22 (8 Safer 1327) [1 March 1909], 513. On the traditional view that the ruler is the representative and agent of the community, see Patricia Crone, God’s Rule: Government and Islam (New York: Columbia University Press, 2004), 277.
Jun Akiba, “From Kadi to Naib: Reorganization of the Ottoman Sharī‘a Judiciary in the Tanzimat Period,” in Frontiers of Ottoman Studies: State, Province, and the West, vol. 1, eds. Colin Imber and Keiko Kiyotaki (London: I.B. Tauris, 2005), 43–60.
Küçük Hamdi, “Mecelle-i Ahkam-ı Adliyemize Reva Görülen Muahize Müdaafa” BH II/48 (8 Şubat 1325) [21 February 1910], 1024–1026; BH II/49 (15 Şubat 1325) [28 February 1910], 1035–1038; BH II/50 (22 Şubat 1325) [7 March 1910], 1051–1054; BH II/51 (1 Mart 1326) [14 March 1910], 1067–1070; BH II/53 (15 Mart 1326) [28 March 1910], 1100–1102; BH II/54 (22 Mart 1326) [4 April 1910], 1114–1116; BH II/55 (29 Mart 1326) [11 April 1910], 1130–1132; BH III/59 (26 Nisan 1326) [9 May 1910], 1194–1197; and BH III/61(10 Mayıs 1326) [23 May 1910], 1226–1228.
Léon Ostrorog, “Turkey,” in The Brittanica Year-book, 1913: A Survey of the World’s Progress Since the Completion in 1910 of the Encyclopaedia Britannica Eleventh Edition, ed. Hugh Chisholm (London: The Encyclopaedia Britannica Company, 1913), 1157.
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By examining laws and proposals related to constitutional amendments, the Mecelle, and sharī‘a courts in the 1908–1912 Ottoman parliament, I attempt to explain how ulema in parliament tried to implement their understandings of constitutionalism and legal reform within the legislative framework of the period as set against the framework of parliamentary politics. I focus on the upper-level ulema members of the Chamber of Deputies as they worked to implement their understandings of law and constitutionalism and followed a political strategy to achieve their goals. Based on my study of the draft constitution, official parliamentary publications, and the popular press, I identify the understandings of legal reform that underpinned their proposals and how they influenced the constitutional amendment process, by contrast to the failure of their efforts to expand the Mecelle and reform the sharī‘a courts.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 305 | 52 | 6 |
| Full Text Views | 258 | 4 | 0 |
| PDF Views & Downloads | 101 | 14 | 2 |