Yalova
Ways of expressing freedom of
conscience and religion - international facts
The Ottoman heritage in the context of freedom of religion
When Turkey is compared with other Islamic
countries, we observe that there exists a positive atmosphere with respect to
the freedom of religion. This is because the religious understanding and
practice in Turkey is molded by Islamic tradition and historical experience. In
our tradition, there are spiritual guides in the area of religious freedom and
tolerance such as Rumi, Yunus Emre and Haci Bektaş Veli, all of who
conveyed a message of peace and love to all of humanity. These spiritual
leaders were the products of the culture of tolerance that was created in
Anatolia over the millennia.
The Ottoman State ruled over three continents and
its borders extended from the Balkans to the Caucasus and from the Middle East
to North Africa between the 13th and the 20th centuries.There were more than
twenty ethnic communities living in the Ottoman lands, speaking dozens of
languages. Christianity and Judaism, with their various sects and
denominations, were the most prevalent religions after Islam in the Ottoman
State.
The Ottoman State ruled these religious groups
through a “Millet System.” The non-Muslims were subject to Islamic
jurisprudence in matters pertaining to public order, while they were subject to
their own religious jurisdiction in matters related to civil law, law of
inheritance and commerce. This system ensured the establishment of a just
administration that did not discriminate among religions, languages, races, or
colors. The ratio of non-Muslims to Muslims in the Ottoman Empire between 1500
and 1850 was nearly 40% to 60%. This ratio alone shows that “the Ottoman Peace”
was a real success.
The Turkish experience: Law and the freedom of
religion
The Ottoman Empire was gradually transformed from
the millet system into the constitutional state, and certain legal developments
took place in the field of freedom of religion. For instance, the Constitution
of 1876 recognized the freedom of worship for religious minorities. The
Constitution of 1909 reinstated the same rights for all. With the establishment
of the Turkish Republic, certain changes, such as the abolishment of the
Caliphate and the unification of education further cleared the way for the
project of secularization. The Constitution of 1924 characterized freedom of
conscience (religion) as a natural right for every citizen. With the
constitutional amendments of 1937, it was stated that secularism was one of the
basic principles of the Republic.
The Constitution of 1961 reaffirmed the freedom of
conscience, religious belief and conviction including the right for free
worship and religious rituals. The Constitution of 1982 preserved the contents
of this Constitution. In addition to these constitutional developments that
protected the freedom of religion, Turkey also ratified the Universal
Declaration of Human Rights in 1954 and adopted the articles pertaining to the
freedom of religion mentioned in the declaration.
As these developments show, the Turkish Republic
has a secular system that is similar to those of Western countries. It could
even be argued that as secularism has been taken as a basic principle of the
state and that no reference is made to Islam in its constitution, the Turkish
Republic is more secular than the European countries that accept Christianity
as the state religion or do not openly refer to secularism in their
constitutions.
Sometimes the stability of Turkey’s secular system
is questioned. We should not forget that secularism is deeply rooted in Turkish
society and it is not possible to change direction in a country like Turkey
that has been progressing towards modernization for the last two centuries.
Muslims in Turkey have internalized modernization. The six centuries of the
Ottoman experience show that the Turkish people know how to maintain the
balance between religion and state. Turkey’s experiences constitute a very
special case among Muslim countries.
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