From Embassy Translator Status to Foreign State Ownership and Citizenship in Ottoman Law: Examples of Instrumentalization of Law

İrem Karakoç

Article Details

From Embassy Translator Status to Foreign State Ownership and Citizenship in Ottoman Law: Examples of Instrumentalization of Law

Authors:

İrem Karakoç

Publisher:

Necmettin Erbakan University

Main Topics:

Hukuk (Diğer)

Journal:

Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi Vol.7 Issue 1, pp.128-150

Document Type:

Article

Publication Date:

6/2024

Document Language:

Turkish

Document ID (Org No.):

2001315000

pISSN:

2667-4076

Keywords:

Abstract:

 According to Ottoman law, the translator and his entourage designated by foreign embassies were given an official document called a berat containing the job description by the Ottoman State. This chartered status, for which a certain fee was paid to the foreign state, granted some additional rights such as exemption from poll tax, customs tax, and Islamic-Ottoman criminal law provisions. The privileges provided by this custom include officials such as vice consuls, translators and commercial agents. However, over time, the embassies never went to the cities specified as places of duty in the charter, and Ottoman citizens who did not even speak the language gained financial benefit by selling charters to non-Muslim merchants. Thus, this legal practice was diverted from its purpose and turned into a material and political tool. Charter provides an advantage because it excludes people from scope of Islamic law. The non-Muslim subjects of the Ottoman Empire were divided into two in terms of rights and privileges: those who were protected by European states and those who were not. Foreign states have created a sphere of sovereignty within the state against the state by protecting the rights of their subjects in international and domestic law. When measures were taken regarding certified translation, the same practice was started through citizenship, and people looked for ways to easily change their nationality according to their advantage. This study was conducted to explain the increase in the number of certified beratlı translators by supporting archive records. The encouraging dimension of the phenomenon of patronage supported by capitulations for changing citizenship, the process leading to the collapse of the state, and its consequences were evaluated. While doing this, examples of the charters granted to translators, the increase in the number of charter holders, and the warnings made by the state to the embassies were given, depending on the characteristics of the period. In addition, the encouraging dimension of the patronage phenomenon supported by capitulations in the Ottoman Empire for changing citizenship, the process leading to the collapse of the state, and its consequences were evaluated. As a result, Europian states have managed to gain influence and influence within the state by protecting and protecting the rights of those they protect, both in the field of international law and in domestic law, based on capitulations. Since the ambassadors of European states could directly deal with the sultan, they were able to get the decision they wanted from him. As a result, the abuse that started and developed with privacy also spread to the citizenship process. The Ottoman Empire made various legal regulations from time to time to prevent these abuses, but could not obtain permanent and effective results. In 1869, despite the objections of the foreign states, he made an Ottoman Nationality Law and regulated Ottoman nationality according to the international principles that dominated the period.

 According to Ottoman law, the translator and his entourage designated by foreign embassies were given an official document called a berat containing the job description by the Ottoman State. This chartered status, for which a certain fee was paid to the foreign state, granted some additional rights such as exemption from poll tax, customs tax, and Islamic-Ottoman criminal law provisions. The privileges provided by this custom include officials such as vice consuls, translators and commercial agents. However, over time, the embassies never went to the cities specified as places of duty in the charter, and Ottoman citizens who did not even speak the language gained financial benefit by selling charters to non-Muslim merchants. Thus, this legal practice was diverted from its purpose and turned into a material and political tool. Charter provides an advantage because it excludes people from scope of Islamic law. The non-Muslim subjects of the Ottoman Empire were divided into two in terms of rights and privileges: those who were protected by European states and those who were not. Foreign states have created a sphere of sovereignty within the state against the state by protecting the rights of their subjects in international and domestic law. When measures were taken regarding certified translation, the same practice was started through citizenship, and people looked for ways to easily change their nationality according to their advantage. This study was conducted to explain the increase in the number of certified beratlı translators by supporting archive records. The encouraging dimension of the phenomenon of patronage supported by capitulations for changing citizenship, the process leading to the collapse of the state, and its consequences were evaluated. While doing this, examples of the charters granted to translators, the increase in the number of charter holders, and the warnings made by the state to the embassies were given, depending on the characteristics of the period. In addition, the encouraging dimension of the patronage phenomenon supported by capitulations in the Ottoman Empire for changing citizenship, the process leading to the collapse of the state, and its consequences were evaluated. As a result, Europian states have managed to gain influence and influence within the state by protecting and protecting the rights of those they protect, both in the field of international law and in domestic law, based on capitulations. Since the ambassadors of European states could directly deal with the sultan, they were able to get the decision they wanted from him. As a result, the abuse that started and developed with privacy also spread to the citizenship process. The Ottoman Empire made various legal regulations from time to time to prevent these abuses, but could not obtain permanent and effective results. In 1869, despite the objections of the foreign states, he made an Ottoman Nationality Law and regulated Ottoman nationality according to the international principles that dominated the period.

 According to Ottoman law, the translator and his entourage designated by foreign embassies were given an official document called a berat containing the job description by the Ottoman State. This chartered status, for which a certain fee was paid to the foreign state, granted some additional rights such as exemption from poll tax, customs tax, and Islamic-Ottoman criminal law provisions. The privileges provided by this custom include officials such as vice consuls, translators and commercial agents. However, over time, the embassies never went to the cities specified as places of duty in the charter, and Ottoman citizens who did not even speak the language gained financial benefit by selling charters to non-Muslim merchants. Thus, this legal practice was diverted from its purpose and turned into a material and political tool. Charter provides an advantage because it excludes people from scope of Islamic law. The non-Muslim subjects of the Ottoman Empire were divided into two in terms of rights and privileges: those who were protected by European states and those who were not. Foreign states have created a sphere of sovereignty within the state against the state by protecting the rights of their subjects in international and domestic law. When measures were taken regarding certified translation, the same practice was started through citizenship, and people looked for ways to easily change their nationality according to their advantage. This study was conducted to explain the increase in the number of certified beratlı translators by supporting archive records. The encouraging dimension of the phenomenon of patronage supported by capitulations for changing citizenship, the process leading to the collapse of the state, and its consequences were evaluated. While doing this, examples of the charters granted to translators, the increase in the number of charter holders, and the warnings made by the state to the embassies were given, depending on the characteristics of the period. In addition, the encouraging dimension of the patronage phenomenon supported by capitulations in the Ottoman Empire for changing citizenship, the process leading to the collapse of the state, and its consequences were evaluated. As a result, Europian states have managed to gain influence and influence within the state by protecting and protecting the rights of those they protect, both in the field of international law and in domestic law, based on capitulations. Since the ambassadors of European states could directly deal with the sultan, they were able to get the decision they wanted from him. As a result, the abuse that started and developed with privacy also spread to the citizenship process. The Ottoman Empire made various legal regulations from time to time to prevent these abuses, but could not obtain permanent and effective results. In 1869, despite the objections of the foreign states, he made an Ottoman Nationality Law and regulated Ottoman nationality according to the international principles that dominated the period.

 Osmanlı hukukunda yabancı elçilikler tarafından belirlenen tercüman ve maiyetine, Osmanlı Devleti tarafından, görev tanımını içeren ve berat denilen bir resmî belge verilirdi. Karşılığında devlete belli bir bedelin ödendiği bu beratlı statüsü cizye, gümrük vergisi, İslâm-Osmanlı ceza hukuku hükümlerinden muafiyet gibi bazı ek haklar tanırdı. Bu teamülün sağladığı ayrıcalıklıların kapsamına konsolos yardımcısı, tercüman ve ticarî acente gibi görevliler girmektedir. Fakat zamanla elçilikler, beratta görev yeri olarak belirtilen şehirlere hiç gitmemiş ve hatta dil bile bilmeyen Osmanlı tebaası gayrimüslim tüccarlara berat satarak maddi çıkar sağlamışlardır. Böylece bu hukuki uygulama amacından saptırılarak maddî ve siyasî bir araç hâline getirilmiştir. Beratlılık, kişileri İslâm hukukunun dışında tuttuğundan avantaj sağlamıştır. Osmanlının gayrimüslim tebaası haklar ve imtiyazlar bakımından, Avrupa devletlerince himaye edilenler ve edilmeyenler olmak üzere ikiye ayrılmıştır. Yabancı devletler, mahmîlerinin haklarını, uluslararası ve iç hukukta koruyarak devlet içinde devlete karşı bir egemenlik alanı oluşturmuşlardır. Beratlı tercümanlığa ilişkin tedbir alındığında ise bu defa vatandaşlık üzerinden aynı uygulama başlatılmış, insanlar avantajına göre kolaylıkla tabiiyet değiştirmenin yollarını aramışlardır. Bu çalışma, beratlı tercüman sayısındaki artışı, arşiv kayıtlarıyla destekleyerek açıklamak amacıyla yapılmıştır. Kapitülasyonlarla desteklenen himaye olgusunun vatandaşlık değiştirmeleri teşvik edici boyutu, devletin yıkılmasına kadar varan süreci ve sonuçları değerlendirilmiştir.

Article Details

From Embassy Translator Status to Foreign State Ownership and Citizenship in Ottoman Law: Examples of Instrumentalization of Law

Authors:

İrem Karakoç

Publisher:

Necmettin Erbakan University

Main Topics:

Hukuk (Diğer)

Journal:

Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi Vol.7 Issue 1, pp.128-150

Document Type:

Article

Publication Date:

6/2024

Document Language:

Turkish

Document ID (Org No.):

2001315000

pISSN:

2667-4076

Ottoman Diplomacy

Translator/Dragoman Certificate (charter)

Capitulations

Merchant Certificate

Protege.Osmanlı Diplomasisi

Tercüman Beratı

Kapitülasyonlar

Tüccar Beratı

Himaye

Osmanlı Tâbiiyyet Kanunnamesi

Issues

Article Details

Authors: İrem Karakoç

Publisher: Necmettin Erbakan University

Main Topics: Hukuk (Diğer)

Journal: Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi Vol.7 Issue 1, pp.128-150

Document Type: Article

Publication Date: 6/2024

Document Language: Turkish

Document ID (Org No.): 2001315000

pISSN: 2667-4076

Issues

Authors:

İrem Karakoç

Publisher:

Necmettin Erbakan University

Main Topics:

Hukuk (Diğer)

Journal:

Necmettin Erbakan Üniversitesi Hukuk Fakültesi Dergisi Vol.7 Issue 1, pp.128-150

Document Type:

Article

Publication Date:

6/2024

Document Language:

Turkish

Document ID (Org No.):

2001315000

pISSN:

2667-4076