The idea of human rights as perceived in the Ottoman empire

Berdal Aral, Fatih University (Istanbul) | Human Rights Quarterly | Volume 26, 
Number 2, 2004, pp.454-482 

http://reflectioncafe2.blogspot.com/
<http://reflectioncafe2.blogspot.com/2006/10/idea-of-human-rights-as-perceived-in.html>

Although human rights doctrine has primarily been a product of Western history, 
non-Western conceptions and interpretations of issues which we may today link 
with "human rights" can undoubtedly enrich the debates on this topic. The 
Ottoman system prioritized the benefits of collectivities rather than those of 
individuals, and emphasized justice rather than freedom. This paper argues that 
both the Ottoman sultan as well as the courts took great care to observe the 
Shariah law, understood of course from a Sunni perspective, which accorded 
extensive rights to the individual, Muslim and non-Muslim alike. These rights 
included the right to life, property, fair trial, and social protection, as 
well as specific rights for women. Contrary to some claims, the state in the 
Ottoman case did not seek to take control of the "public sphere" unless 
politics set in. It is only after the Tanzimat reforms of the nineteenth 
century, influenced primarily by European laws and institutions, that the state 
came to predominate the public sphere, thus narrowing the scope for civic 
action.

Full text can be read at: http://reflectioncafe2.blogspot.com/




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