Equal Rights — an Historic View
THE ISLAHAT FERMANI [HATTI HUMAYOUN] OF FEBRUARY 1856
As part of the Tanzimat reforms, Abdul Majid, Sultan of the Ottoman Empire, issued this proclamation reaffirming more specifically principles declared in 1839. As the Ottoman Empire faced threats from Europe and Russia, the Sultan sought to create conditions whereby his citizenry would rally behind and strengthen the Ottoman Empire from within. These edicts were proclaimed decreeing the equality of all religions in the empire, granting all Ottoman citizens equal access to educational institutions and equal treatment before the law. In part the product of British pressure for reform, this decree was also a serious effort to reform Ottoman policies and make all within the empire “citizens” rather than “subjects” defined by their religious adherence. .
“Let it be done as herein set forth.…
It being now my desire to renew and enlarge still more the new institutions ordained with a view of establishing a state of things conformable with the dignity of my empire and the position which it occupies among civilized nations, and the rights of my empire having, by the fidelity and praiseworthy efforts of all my subjects, and by the kind and friendly assistance of the great powers, my noble allies, received from abroad a confirmation which will be the commencement of a new era, it is my desire … to effect the happiness of all my subjects, who in my sight are all equal, and equally dear to me, and who are united to each other by the cordial ties of patriotism, and to insure the means of daily increasing the prosperity of my empire.
I have therefore resolved upon, and I order the execution of the following measures:
The guarantees promised on our part … and in conformity with the Tanzimat, to all the subjects of my empire, without distinction of classes or of religion, for the security of their persons and property, and the preservation of their honor, are to-day confirmed and consolidated, and efficacious measures shall be taken in order that they may have their full entire effect.
All the privileges and spiritual immunities granted by my ancestors ab antiquo, and at subsequent dates, to all Christian communities or other non-Mussulman persuasions established in my empire, under my protection, shall be confirmed and maintained.
Every Christian or other non-Mussulman community shall be bound within a fixed period, and with the concurrence of a commission composed ad hoc of members of its own body, … to examine into its actual immunities and privileges, and to discuss and submit to my Sublime Porte the reforms required by the progress of civilization and of the age. The powers conceded to the Christian patriarchs and bishops by the Sultan Mahomet II and to his successors shall be made to harmonize with the new position which my generous and beneficent intentions insure to these communities.…
The patriarchs, metropolitans, archbishops, and [rabbis] shall take an oath, on their entrance into office, according to a form agreed upon in common by my Sublime Porte and the spiritual heads of the different religious communities. The ecclesiastical dues, of whatever sort or nature they be, shall be abolished and replaced by fixed revenues of the patriarchs and heads of communities, and by the allocation of allowances and salaries … [to] the different members of the clergy. The property, real or personal, of the different Christian ecclesiastics shall remain intact; the temporal administration of the Christian or other non-Mussulman communities shall, however, be placed under the safeguard of an assembly to be chosen from among the members, both ecclesiastics and laymen, of the said communities.
In the towns, small boroughs, and villages where the whole population is of the same religion, no obstacle shall be offered to the repair, according to their original plan, of buildings set apart for religious worship, for schools, for hospitals, and for cemeteries.…
My Sublime Porte will take energetic measures to insure to each sect, whatever be the number of its adherents, entire freedom in the exercise of its religion. Every distinction or designation pending to make any class whatever of the subjects of my empire inferior to another class, on account of their religion, language, or race, shall be forever effaced from administrative protocol.…
… All the subjects of my empire, without distinction of nationality, shall be admissible to public employments, and qualified to fill them according to their capacity and merit, and conformably with rules to be generally applied.
All the subjects of my empire, without distinction, shall be received into the civil and military schools of the government, if they otherwise satisfy the conditions as to age and examination which are specified in the organic regulations of the said schools. Moreover, every community is authorized to establish public schools of science, art, and industry. Only the method of instructions and the choice of professors in schools of this class shall be under the control of a mixed council of public instruction, the members of which shall be named by my sovereign command.
All commercial, correctional, and criminal suits between Mussulmans and Christians, or other non-Mussulman subjects, or between Christian or other non-Mussulmans of different sects, shall be referred to mixed tribunals. The proceedings of these tribunals shall be public; the parties shall be confronted and shall produce their witnesses, whose testimony shall be received without distinction, upon an oath taken according to the religious law of each sect.…
The equality of taxes entailing equality of burdens, as equality of duties entails that of rights, Christian subjects, and those of other non-Mussulman sects, as it has been already decided, shall, as well as Mussulmans, be subject to the obligations of the law of recruitment. The principle of obtaining substitutes, or of purchasing exemption, shall be admitted. A complete law shall be published, with as little delay as possible, respecting the admission into and service in the army of Christian and other non-Mussulman subjects.…
As the laws regulating the purchase, sale, and disposal of real property are common to all the subjects of my empire, it shall be lawful for foreigners to possess landed property in my dominions, conforming themselves to the laws and police regulations, and bearing the same charges as the native inhabitants, and after arrangements have been come to with foreign powers.
The taxes are to be levied under the same denomination from all the subjects of my empire, without distinction of class or of religion. The most prompt and energetic means for remedying the abuses in collecting the taxes, and especially the tithes, shall be considered.… The heads of each community and a delegate, designated by my Sublime Porte, shall be summoned to take part in the deliberations of the supreme council of justice on all occasions which might interest the generality of the subjects of my empire. They shall be summoned specially for this purpose by my grand vizier. The delegates shall hold office for one year; they shall be sworn on entering upon their duties. All the members of the council, at the ordinary and extraordinary meetings, shall freely give their opinions and their votes, and no one shall ever annoy them on this account.…
Steps shall be taken for the formation of banks and other similar institutions, so as to effect a reform in the monetary and financial system, as well as to create funds to be employed in augmenting the sources of the material wealth of my empire. Steps shall also be taken for the formation of roads and canals to increase the facilities of communication and increase the sources of the wealth of the country.
Everything that can impede commerce or agriculture shall be abolished. To accomplish these objects means shall be sought to profit by the science, the art, and the funds of Europe, and thus gradually to execute them.
Such being my wishes and my commands, you, who are my grand vizier, will, according to custom, cause this imperial firman to be published in my capital and in all parts of my empire; and you will watch attentively and take all the necessary measures that all the orders which it contains be henceforth carried out with the most rigorous punctuality.
