Османдық империядағы діни қауымдардың тәуелсіз сот жүйесі

Independent court pertaining to personal religious laws of Ottoman subjects

In the Ottoman Empire, a millet (; مِلَّة) was an independent court of law pertaining to "personal law" under which a confessional community (a group abiding by the laws of Muslim sharia, Christian canon law, or Jewish halakha) was allowed to rule itself under its own laws. Despite frequently being referred to as a "system", before the nineteenth century the organization of what are now retrospectively called millets in the Ottoman Empire was not at all systematic. Rather, non Muslims were simply given a significant degree of autonomy within their own community, without an overarching structure for the millet as a whole. The notion of distinct millets corresponding to different religious communities within the empire would not emerge until the eighteenth century. Subsequently, the millet system was justified through numerous foundation myths linking it back to the time of Sultan Mehmed the Conqueror (r. 1451–81), although it is now understood that no such system existed in the fifteenth century. Abdulaziz Sachedina regards the millet system as an example of pre modern religious pluralism, as the state recognized multiple different religious groups in exchange for some control over religious identification and the enforcement of orthodoxy. Historian Johann Strauss wrote that the term "seems to be so essential for the understanding of the Ottoman system and especially the status of non Muslims". Other authors interpret the millet system as one form of non territorial autonomy and consider it as such a potentially universal solution to the modern issues of ethnic and religious diversity.

The term millet, which originates from the Arabic milla, had three basic meanings in Ottoman Turkish: religion, religious community and nation. The first sense derives from Quranic usage and is attested in Ottoman administrative documents into the 19th century. In contrast, Michael Ursinus writes that the word was used to refer to non Muslim subjects of the Ottoman Empire even before that time. The bureaucrats of this era asserted that the millet system was a tradition dating back to the reign of Sultan Mehmed I
The Ottoman Turkish version of the Ottoman Constitution of 1876 uses the word "millet", as do the Arabic and Persian versions; despite this, at the time the usage of the Arabic word "milla" was declining in favour of the word "ummah". The lack of use of the word "millet" among the Christian and Jewish minorities reflected in versions of the Ottoman Constitution in their respective languages: The French version of the Ottoman Constitution used the word "communauté" in the place of "millet", and so the others used words modeled after or based on the French: հասարակութիւն (hasarakut'iwn) in Armenian, общност/община (obstina) in Bulgarian, κοινότης (koinotēs) in Greek, and komunita in Judaeo Spanish. People were bound to their millets by their religious affiliations (or their confessional communities), rather than their ethnic origins, according to the millet concept (excepting the Armenian case, until the modern era). The millets had a great deal of power – they set their own laws and collected and distributed their own taxes. All that was required was loyalty to the Empire. When a member of one millet committed a crime against a member of another, the law of the injured party applied, but the ruling Islamic majority being paramount, any dispute involving a Muslim fell under their sharia based law. Later, the perception of the millet concept was altered in the 19th century by the rise of nationalism within the Ottoman Empire.

Although the Ottoman administration of non Muslim subjects was not uniform until the 19th century and varied according to region and group, it is possible to identify some common patterns for earlier epochs. Christian and Jewish communities were granted a large degree of autonomy. Tax collection, education, legal and religious affairs of these communities were administered by their own leaders. This enabled the Ottomans to rule over diverse peoples with "a minimum of resistance". The Jewish community, in particular, prospered under Ottoman rule, and its ranks were swelled with the arrival of Jews who were expelled from Spain. At the same time, non Muslims were subject to several forms of discrimination and excluded from the Ottoman ruling elite. Armenians formed three millets under the Ottoman rule. A wide array of other groups such as Catholics, Karaites, and Samaritans was also represented.

The Orthodox Christians were included in the Rum Millet (millet i Rûm) or the "Roman nation", and enjoyed a certain autonomy. It was named after Roman ("Byzantine") subjects of the Ottoman Empire, but Orthodox Greeks, Bulgarians, Albanians, Georgians, Arabs, Aromanians, Megleno Romanians, Romanians, and Serbs were all considered part of the same millet despite their differences in ethnicity and language and despite the fact that the religious hierarchy was dominated by the Greeks. The Ecumenical Patriarch was recognized as the highest religious and political leader (millet bashi, or ethnarch) of all Eastern Orthodox subjects of the Sultan, though in certain periods some major powers, such as Russia (under the 1774 Treaty of Küçük Kaynarca), or Britain claimed the rights of protection over the Ottoman Empire's Orthodox subjects. The Serbian Patriarchate of Peć and the Archbishopric of Ohrid, autonomous Orthodox Churches under the tutelage of the Ecumenical Patriarch, were taken over by the Greek Phanariots during the 18th century, in 1766 and 1767 respectively.

After the Fall of Constantinople, the only Latin Catholic group in the Sultan's domain were the Genoese who lived in the Byzantine capital. Over the next decades, Turkish armies pushed into the Balkans, overrunning the Catholic populations of Albania, Bosnia, Croatia, and Hungary. The Melkite Catholics gained their autonomy as a religious community in 1848 by Sultan Abdulmecid. Bruce Masters claims that Melkite Catholics insisted that they had a millet of their own, that would grant them "sense of distinctiveness". In the Orient, the 16th century saw the Maronites of Lebanon, the Latins of Palestine, and most of the Greek islands, which once held Latin Catholic communities, come under Turkish rule. Papal response to the loss of these communities was initially a call to the crusade, but the response from the European Catholic monarchs was weak: French interest, moreover, lay in an alliance with the Turks against the Habsburgs. Furthermore, the Catholics of the Ottoman world received a protector at the Porte in the person of the French ambassador. In this way the Roman Catholic millet was established at the start of the Tanzimat reforms.

The large number of Circassians in the Ottoman Empire was mainly due to the Crimean War. During the war and following years, many Circassians fled the conquest of their homeland by Russia. Circassians in the Ottoman Empire, despite being Muslim, mainly kept to themselves and maintained their separate identity, even having their own courts, in which they would tolerate no outside influence.

In a 1910 book William Ainger Wigram used the term melet in application to the Persian Sasanian Empire, arguing that the situation there was similar to the Ottoman millet system and no other term was readily available to describe it. Some other authors have also adopted this usage. The early Christians there formed the Church of the East (later known as the Nestorian Church after the Nestorian schism). The Church of the East's leader, the Catholicos or Patriarch of the East, was responsible to the Persian king for the Christians within the Empire. This system of maintaining the Christians as a protected religious community continued after the Islamic conquest of the Sassanids, and the community of Nestorian Christians flourished and was able to send missionaries far past the Empire's borders, reaching as far as China and India.

In 1839 and 1856, reforms were attempted with the goal of creating equality between the religious communities of the Ottoman Empire. In the course of these reforms, new millets emerged, notably for Eastern Catholic and Protestant Christian communities. The heads of each millet and clerics in them were also to have their internal rule reviewed by the central government and to keep their power in check. Many clerics in the millet system pushed back against these reforms as they believed it was meant to weaken the millets and the power these clerics had built for themselves. These millets, refusing to give up any autonomy, slowed down the attempted reforms and their impact on the equality of religious communities.

Before the turn of the 19th century, the millets had a great deal of power – they set their own laws and collected and distributed their own taxes. The Tanzimat reforms aimed to encourage Ottomanism among the subject nations and stop the rise of secessionist nationalist movements. within the Ottoman Empire. The reforms tried to integrate non Muslims and non Turks more thoroughly into the Ottoman society with new laws and regulations, but failed. In 1856, during the Tanzimat era, Sultan Abdulmejid I enacted the Hatt ı Hümayun (modern Turkish Islahat Fermânı; "Firman of the Reforms"), which proclaimed freedom of religion and civil equality of all religious communities. It further granted the authorities in each millet greater privileges and self governing powers, but also required oaths of allegiance to the Sultan. In March 1863, the Sultan enacted the "Regulation of the Armenian Nation" (Turkish: Nizâmnâme−i Millet−i Ermeniyân): a constitution for the Armenian Orthodox Gregorian nation (millet) of that time. This document was drawn up by Armenian intelligentsia, which sought to curb the powers of the Armenian Patriarch and nobility. It created an Armenian National Assembly. These two reforms, which were theoretically perfect examples of social change by law, caused serious stress on the Ottoman political and administrative structure.

The Ottoman System lost important domestic powers under the Capitulations of the Ottoman Empire. Many foreigners resident in the Empire were not subject to its laws, but rather those of their homelands. In addition, European powers became formal Protectors of certain groups in the empire: Russia of Eastern Orthodox groups, France of Roman Catholics, and Great Britain of Jews and other groups. Russia and Britain competed for the Armenians; the Eastern Orthodox perceived American Protestants, who had over 100 missionaries established in Anatolia by World War I, as weakening their own teaching. These religious activities, subsidized by the governments of western nations, were not devoid of political goals, such in the case of candlestick wars of 1847, which eventually led in 1854 to the Crimean War. Successive Ottoman governments had issued edicts granting primacy of access to different Christian groups which vied for control of Jerusalem's holy sites.

Under the original design, the multi faced structure of the millet system was unified under the House of Osman. The rise of nationalism in Europe under the influence of the French Revolution had extended to the Ottoman Empire during the 19th century. Each millet became increasingly independent with the establishment of its own schools, churches, hospitals and other facilities. These activities effectively moved the Christian population outside the framework of the Ottoman political system. The Ottoman millet system (citizenship) began to degrade with increasing identification of religious creed with ethnic nationality. The interaction of ideas of French revolution with the millet system created a strain of thought (a new form of personal identification) which made nationality synonymous with religion under the Ottoman flag. It was impossible to hold the system or prevent Clash of Civilizations when the Armenian national liberation movement expressed itself within the Armenian church. Patriarch Nerses Varjabedyan expressed his position on Ottoman Armenians to the British Foreign Secretary , Lord Salisbury on 13 April 1878.

blockquote|It is no longer possible for the Armenians and the Turks to live together. Only a Christian administration can provide the equality, justice and the freedom of conscience. A Christian administration should replace the Muslim administration. Armenia (Eastern Anatolia) and Kilikya, are the regions where the Christian administration should be founded The Turkish Armenians want this That is, a Christian administration is demanded in Turkish Armenia, as in Lebanon. Israel, too, keeps a system based on the Ottoman millet, in which personal status is based on a person's belonging to a religious community. The state of Israel – on the basis of laws inherited from Ottoman times and retained both under British rule and by independent Israel – reserves the right to recognise some communities but not others. Thus, Orthodox Judaism is officially recognised in Israel, while Reform Rabbis and Conservative Rabbis are not recognised and cannot perform marriages. Israel recognised the Druze and Bahá'í as separate communities, which the Ottomans and British had not – due mainly to political considerations. Also, the state of Israel reserves the right to determine to which community a person belongs, and officially register him or her accordingly – even when the person concerned objects to being part of a religious community (e. g., staunch atheists of Jewish origin are registered as members of the Jewish religious community, a practice derived ultimately from the fact that the millet ultimately designated a person's ethnicity more than a person's beliefs). Israeli secularists such as Shulamit Aloni and Uri Avnery often protested and called for abolition of this Ottoman remnant, and its replacement by a system modeled on that of the United States where religious affiliation is considered a person's private business in which the state should not interfere. However, all such proposals have been defeated. Greece recognizes only a Muslim minority, and no ethnic or national minorities, such as Turks, Pomaks, or Bulgarians. This is the result of several international treaties as the Convention Concerning the Exchange of Greek and Turkish Populations of 1923 and of the Treaty of Lausanne of 1924, when the old millet categories were used for the exchange between Greece and Turkey of the Greek Orthodox population in Turkey and Moslems in Greece. The categories were also used to establish the protection of the two remaining recognized minorities, the "Muslims of Western Thrace" (Turks, Pomaks, and Roms) and the "Greek Orthodox of Istanbul". In 1924, upon the League of Nations' demand, a bilateral Bulgarian Greek agreement was signed, known as the Politis–Kalfov Protocol, recognizing the "Greek Slavophones" as Bulgarians and guaranteeing their protection. On 2 February 1925, the Greek parliament, claiming pressure from the Kingdom of Yugoslavia, which threatened to renounce the Greek–Serbian Alliance of 1913, refused to ratify the agreement; the refusal lasted until 10 June 1925. Under the 1927 Mollov Kafantaris Agreement, the bulk of the Slavic speaking population in Greece left for Bulgaria.

Today, the word "millet" means "nation" or "people" in Turkish, e. g. Türk milleti ("Turkish nation"), İngiliz milleti ("English nation"), etc. It also retains its use as a religious and ethnic classification; it can also be used as a slang to classify people belonging to a particular group (not necessarily religious or ethnic), such as dolmuşçu milleti ("minivan taxi drivers people") or kadın milleti ("women folk").