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Contemptuous Tolerance and Punitive Intolerance in the Sixteenth Century Ottoman Empire

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Contemptuous Tolerance and Punitive Intolerance in the Sixteenth Century Ottoman Empire JUSTICE AS THE REQUIREMENT OF TOLERATION: CONTEMPTUOUS TOLERANCE AND PUNITIVE INTOLERANCE IN THE SIXTEENTH CENTURY OTTOMAN EMPIRE DEVRİM BURCU EĞİLMEZ SEPTEMBER 2011 JUSTICE AS THE REQUIREMENT OF TOLERATION: CONTEMPTUOUS TOLERANCE AND PUNITIVE INTOLERANCE IN THE SIXTEENTH CENTURY OTTOMAN EMPIRE A THESIS SUBMITTED TO THE GRADUATE SCHOOL OF SOCIAL SCIENCES OF MIDDLE EAST TECHNICAL UNIVERSITY BY DEVRİM BURCU EĞİLMEZ IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN THE DEPARTMENT OF POLITICAL SCIENCE AND PUBLIC ADMINISTRATION SEPTEMBER 2011 Approval of the Graduate School of the Social Sciences Prof. Dr. Meliha Altunışık Director I certify that this thesis satisfies all the reequirements as a thesis for the degree of Doctor of Philosophy. Prof. Dr. Raşid Kaya Head of the Department This is to certify that we have read this thesis and that in our opinion it is fully adequate, in scope and quality, as a thesis for the degree of Doctor of Philosophy. Assist. Prof. Kürşad Ertuğrul Supervisor Examining Committee Members Assoc. Prof. Dr. Onur Yıldırım (METU, ECON) Assist. Prof.Dr. Kürşad Ertuğrul (METU, ADM) Assoc. Prof. Dr. Cem Deveci (METU, ADM) Assist. Prof. Dr. Attila Aytekin (METU, ADM) Assist. Prof. Dr. Devrim Sezer (IEU, IR) I hereby declare that all information in this document has been obtained and presented in accordance with academic rules and ethical conduct. I also declare that, as required by these rules and conduct, I have fully cited and referenced all material and results that are not original to this work. Name, Last name: Devrim Burcu Eğilmez Signature : iii ABSTRACT JUSTICE AS THE REQUIREMENT OF TOLERATION: CONTEMPTUOUS TOLERANCE AND PUNITIVE INTOLERANCE IN THE SIXTEENTH CENTURY OTTOMAN EMPIRE Eğilmez, Devrim Burcu Ph.D., Department of Political Science and Public Administration Supervisor: Assist.Prof. Kürşad Ertuğrul September 2011, 223 pages This dissertation investigates the historical knowledge of the idea/practice of Ottoman toleration/intolerance, in terms of a conceptual-theoretical framework and methodology derived from philosophical theories of toleration, theories of religious toleration of Western historiography and critical theories of toleration, which are in turn revised and reformulated according to “way of reasoning” of the Ottomans. The objective of deriving a conceptual-theoretical framework is related with the attempt to clarify different linguistic uses of the toleration, the semantics of the concept and presenting circumstances, requirements, levels, degrees and forms of the category. Methodologically, the objective is to abolish the hierarchy between kâfir (infidel) and zındîk/ilhâd (heretic) in terms of identification of subjects of toleration/intolerance in the Ottoman Empire. In order to apply this conceptual-theoretical framework and methodology concerning the idea/practice of toleration, this study focuses on the sixteenth-century Ottoman Empire, particularly its laws (firmans, fetvâ, Ottoman criminal law) and its conception of justice, which is conceptualized as the most important requirement of toleration. The objective is to argue how justice primarily regulated society in order to sustain public order and to iv prevent political and economic instability. The idea/practice of toleration/intolerance, in this sense, is discussed as the policy that was incorporated into the discourse of the Ottoman Empire to the extent that it contributed to the regulation objective of justice as the art of government, which was pragmatic and prudent in essence. In accordance with this framework, the idea/practice of tolerance in the sixteenth-century Ottoman Empire is conceptualized as contemptuous tolerance, followed by the analysis of its laws. Intolerance, on the other hand, is named as punitive intolerance which aims for either the reform or the incapacitation of the heretics and infidels in the Ottoman lands. Key words: 16th century Ottoman toleration/intolerance, contemporary theories of toleration, non-Muslims, Shiites, 16th century Ottoman laws and justice. v ÖZ ADÂLET ÎCÂBI HOŞGÖRÜ: ONALTINCI YÜZYIL OSMANLI İMPARATORLUĞUNDA HORGÖREN HOŞGÖRÜ VE CEZALANDIRICI HOŞGÖRÜSÜZLÜK Eğilmez, Devrim Burcu Ph.D., Siyaset Bilimi ve Kamu Yönetimi Bölümü Danışman: Yrd. Doç. Kürşad Ertuğrul Eylül 2011, 223 sayfa Bu tez, Osmanlı hoşgörüsü/hoşgörüsüzlüğü fikrine/pratiğine dair tarihsel bilgiyi sorgulamayı amaçlamaktadır. Bunu ise daha çok Batı literatürü içerisinde, felsefe, tarih ve siyaset teorisi disiplinlerince tartışılan, felsefi hoşgörü teorileri, dinsel hoşgörü teorileri ve eleştirel hoşgörü teorilerinden faydalanarak yapmayı hedeflemektedir. Bunun için, söz konusu hoşgörü teorilerinin yardımıyla ortaya koyulan kavramsal-teorik çerçeve ve dinsel hoşgörü tartışmaları çerçevesi ile sınırlandırılacak Batı tarihi-Osmanlı tarihi karşılaştırması sonucu ortaya koyulacak metodolojik katkılar ile Osmanlı hosşgörüsü/hoşgörüsüzlüğü fikri/pratiği analiz edilmeye çalışılacaktır. Pek tabii, bu analiz yapılırken, ortaya koyulan teorik çerçeve ve metodoloji, Osmanlı düşünme biçimi dikkate alınarak tekrar formüle edilecektir. Kavramsal-teorik bir çerçevenin sunulmasının amacı, hoşgörü/hoşgörüsüzlük kavramlarının farklı dilsel kullanımlarını, semantiğini, koşullarını, gereklerini, seviyelerini, derecelerini ve formlarını aydınlatmaktır. Metodolojik katkı ise, genellikle Osmanlı hoşgörüsünün/hoşgörüsüzlüğünün özneleri olarak tartışılan gayri-müslimlerin yanı sıra, Osmanlı hoşgörüsü/hoşgörüsüzlüğü söz konusu olduğunda heretiklerin (Şiiler ve Şii eğilimli heterodoks tarikatlar) ve Sûfîlerin de en az gayri-Müslimler kadar önemli özneler olduğuna vi dikkat çekmek olacaktır. Diğer bir deyişle, Osmanlı hoşgörüsü/hoşgörüsüzlüğü deneyimi, söz konusu kavramsal-teorik çerçeve aracılığıyla analiz edilecek ve dinsel “Öteki”nin sınırları Şii ve Şii eğilimli heterodoks tarikatlar ile Sûfîleri da içine alacak şekilde genişletilecektir. Bu kavramsal-teorik çerçeveyi uygulamak ve metodolojinin geçerliliğini tartışmak için onaltıncı yüzyıl Osmanlı İmparatorluğu seçilmiştir. Bu dönemdeki kanunlar (fetvâlar, fermânlar, Osmanlı ceza kanunu) ve hoşgörünün gereği (îcâbı) olarak tartışılan adâlet kavramı tarihsel bölümün temel araştırma konuları olacaktır. Bu çerçevede öncelikle, Osmanlı yönetim sanatı olarak tartışılacak adâlet kavramının, nasıl kamu düzenini muhafaza etmek ve siyasi ve ekonomik istikrarsızlığı engellemek için toplumu düzenlediği ortaya koyulacak, ardından ise, Osmanlı’daki hoşgörü/hoşgörüsüzlük fikrinin/pratiğinin, bir yönetim sanatı olarak adâlet anlayışının düzenleyici amacına hizmet ettiği ölçüde uygulandığı iddia edilecektir. Bu çerçevede, onaltıncı yüzyıl Osmanlı kanunlarında gayri-Müslimler ve heretiklere dair düzenlemeler ve konuyla ilgili ikincil yazın temel alınarak, Osmanlı hoşgörüsü/hoşgörüsüzlüğü sırasıyla horgören hoşgörü ve cezalandırıcı hoşgörüsüzlük olarak kavramsallaştırılacak ve tartışılacaktır. Anahtar sözcükler: 16.. yüzyıl Osmanlı hoşgörüsü/hoşgörüsüzlüğü, modern hoşgörü teorileri, gayri-Müslimler, Şiiler, 16. yüzyıl Osmanlı kanunları ve adâleti. vii Gülender, Elif ve Ali’ye: Bu kadar kalpten ve karşılık beklemeden sevdikleri ve sevgilerini hissettirdikleri için. Ve tam da aynı sebepler yüzünden sana… viii ACKNOWLEDGEMENTS I am first of all grateful to my thesis adviser, Kürşad Ertuğrul. Although my subject has changed a lot since he agreed to be my adviser, he showed the kindness to continue. I should thank him for his valuable advices, corrections and guidance. I am also grateful to the members of my thesis committee, Cem Deveci, Onur Yıldırım, Atilla Aytekin and Devrim Sezer for their rightful critiques and encouragement. It could have been a much harder process to write this thesis if I had not met Prof. Bonnie Honig and Prof. Eric Zurcher during my visits to Nortwestern University, Political Science Department, as a Fulbright visiting-scholar in 2006-2007, and to Leiden University, Turkish Studies department as an Erasmus exchange student in 2010. Prof. Honig generously and patiently tutored me, when I found myself for the first time, truly and full-time, in academia after long years of professional life. Even the smallest things she mentioned were a treasury for me. I am grateful to her. Prof. Zurcher, to whom my respect and gratitude will last forever, was also very generous for directing my attention to the proper points, asking perfect questions and illuminating the necessary paths in the immensity of Ottoman history. For a student like myself who was unfamiliar with Ottoman historiography and unequipped for historical research, his guidance was priceless. I should also thank Prof. Petra de Brujin, whom I also met in Leiden University, for her interest and crucial warning regarding some important points of my thesis. Finally, a chance encounter and short conversation with Suraiya Faroqhi was sufficient to impress on me why she has such a valuable presence in the study of Ottoman history. I thank her for her valuable advice and directing me to the important discussions of Ottoman history in relation to toleration. Probably, I am one of those lucky people who spent the last couple of months of thesis- writing process in peace and happiness despite many this-worldly concerns. For this, I am grateful to Özgür Gürsoy, who made me feel at home when I felt foreigner to everyone and everything. With his endless care, patience, joy, friendship and intellect he was my gift! Dear Erdil Aşkın, Gökçeçicek Eğrek, Umut Belek and Neslihan Demirtaş did help me no ix less when
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