[36] Ascent and Decline of The Ottoman Empire
In The Name of Allah, The Most Merciful, The Bestower of Mercy.
Sultan Abdul Hamid I
continued……..
Medhat Pasha was accused of murdering Sultan Abdul Aziz. Sultan Abdul Hamid established a committee to investigate the matter and subsequently brought the accused to trial, where they were found guilty. Medhat Pasha was sentenced to death, but Sultan Abdul Hamid intervened, reducing the sentence to imprisonment. He was then exiled to Hijaz, where the military prison was located.
The constitution established a separation of powers in appearance rather than in reality. Additionally, the changes made to the governance system under it were simply transformative; (but) no one considered reducing the sultan’s sovereignty. The constitution also established that the Sultan was not answerable to anyone for his actions. As a result, the constitution was linked to him personally. He had the sole power to appoint and remove ministers, negotiate treaties, declare war, and create peace agreements. He served as the supreme commander of the military and could issue all laws in various areas without needing parliament’s approval. Moreover, the extensive powers given to the sultan by the constitution restricted the Prime Minister’s authority, relegating him to a minor role in governance. The constitution stated that members of parliament have the freedom to express their opinions and vote, and they could only be prosecuted if they violated the council’s laws. It designated Ottoman Turkish as the official language of the state for discussions in all sessions. It also specified that voting could be in private or public depending on the circumstances, and that the House of Representatives must approve the budget without interference from the sultan.
Regarding individual rights, the constitution declared that Ottomanism is the official policy of the state within the framework of the principle of equality established by regulations. The constitution granted Ottoman status to all citizens of the state, regardless of their religion, and emphasised personal freedom. It stated that all Ottomans are equal before the law and entitled to the same rights while being subject to the same duties. Additionally, the constitution affirmed the independence of the judiciary, allowing non-Muslims to refer to their own religious courts for matters related to their religious affairs.
Sultan Abdul Hamid ordered the implementation of the constitution and the holding of general elections, which were the first of their kind in Ottoman history. These elections resulted in the representation of Muslims with 71 seats, Christians with 44 seats, and Jews with 4 seats. The first Ottoman Parliament convened on March 29, 1877 (1294 AH), with the Senate consisting of 26 appointed members, including 21 Muslims, while the House of Representatives had 120 members. Some Arab representatives played a significant role, but the duration of the Assembly was short. Before the Assembly could hold its second session, on February 13, 1878 (1296 AH), the representatives requested that three ministers appear before the Assembly to defend themselves against the accusations made against them. However, Sultan Abdul Hamid decided to dissolve the Assembly and ordered the representatives to return to their countries, exiling and removing the prominent ones. Thus, the total duration of the Assembly during its first and second sessions was twelve months and twenty-five days. This Assembly was not called to meet again for thirty years, during which the Assembly hall was never opened even once.
Sultan Abdul Hamid was forced to announce the constitution due to pressure from the Masons led by Medhat Pasha. Therefore, when he had the chance, he suspended the council. He was against democracy and constitutional rule, which in Ottoman terms is known as (conditionality), meaning the ruler’s powers are limited. He viewed this as a Western idea and opposed those who advocated for it, particularly Medhat Pasha. He criticised his minister by saying: “He only saw the benefits of constitutional rule in Europe, but he did not study the reasons for this conditionality or its other effects. Medical prescriptions do not work for every patient or every constitution. I believe that the principles of conditionality are not suitable for every nation or every cultural environment. I once thought it was beneficial, but now I am convinced of its harm”.
The sultan had his reasons for this, including the poor handling by the proponents of the constitution in their initial response to the sultan’s ideas. For instance: The government requested the sultan, at the time of announcing the constitution, to sign some decisions, including the appointment of Christian governors in provinces where most of the population is Muslim, and a decision to accept Christian students into the Ottoman military academy, which is the backbone of the Ottoman army. The sultan refused to sign, and all that Medhat Pasha – the minister – could say to the sultan was: “Our aim in announcing the constitution is to end the tyranny of the palace, and Your Majesty must understand your duties”.
One of the reasons Sultan Abdul Hamid rejected the constitutional thought is: The Ottoman Empire is a state that unites various peoples, and constitutionalism in such a state means the death of the original element in the country. Is there even one Indian representative in the English Parliament? Is there even one Algerian representative in the French Parliament?
He did not change his stance on constitutional rule in his state; even after he was deposed, people began to practice constitutional governance. He said: “What happened when I announced the conditionality? Did debts decrease? Did roads, ports, and schools increase? Are the laws now more rational and logical? ! Is personal security now established? Are the people more prosperous? Have deaths decreased and births increased? Is global public opinion now more in our favor than before? A beneficial medicine can become a deadly poison if it is in the hands of those who are not doctors or do not know how to use it properly. I am truly sorry, as events have shown the truth of my words”. He indicates that his stance on constitutional rule is not fixed; if the circumstances in which he governs change, so will his perspective on constitutional governance. In this he states: “It should not be assumed that my thoughts and beliefs are always against the rule based on the principles of conditionality”.
An Excerpt from ‘Ad-Dawlah Al-Uthmaaniyyah Awaamil An-Nuhood Wa Asbaab As-Suqoot. 6/446-449