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Ozean Journal of Social Sciences 2(3), 2009 ISSN 1943-2577 © 2009 Ozean Publication OTTOMAN MODERNIZATION AND EFFECTS OF THE TANZIMAT EDICT ON TODAY (November 3, 1839)

Zabit ACER Dumlupinar University, Vocational School of Kütahya, Kutahya, Turkey

Abstract: Turkish Occidentalization Movements implies some innovations in applied culture and techniques. The innovative values of Western culture, wasnt immediately accepted by the intellectuals and the common people. Occidentalization Movements started exactly together with the administrative reports and the superiority of the Europe was accepted. Because the reforms before the administrative reforms were including traditionalism and Islamic principles, but the innovations after the administrative reforms were formed by the model of Europe. The innovations taken by the administrative reforms were mostly in favor of non-Islamic. During this period, Ottoman Empire found out that he had to have some innovations by abolishing some institutions which had lost its effectiveness instead of counterfeiting the Europe at random. Some compulsory and permanent amendments were formed by these innovations. It was aimed that giving birth to the state by the improvements done by the European model. By intending the joining together and corporation thought, "Ottoman Citizenship" was aimed. By the administrative reforms appeared by the 1830 Revolutions in Europe, there had been a turning point of the Ottoman Empires modernization and there had been various amendments that its effects are seen today, commonly in the field of education. Municipality and archives movements were some important models developed during that period. Lack of some innovations by taking into consideration of some national benefits and not seeing the real purposes of the European countries proposals had obstructed our benefits from the interests brought by the administrative reforms. In spite of some officers had sent to Anatolia and Europe to describe the administrative reforms, common people couldnt comprehend the circumstances and these reforms couldnt be succeeded. In one hand there had been some political and social innovations in the western style, in the other hand there had been some other innovations for the army and education. The most important addition of the administrative reforms to the Turkish history was the education of the first intellectual staff and then the first step had been taken for the realization of constituonal regime. Key Words: Innovation, Cultere, Modernization, Occidentalization.

INTRODUCTION Turkish westernization movements include some applied renovations in cultural and technical areas. The West cultures values which are new to us havent been accepted immediately by intellectuals and the public. It was accepted that Westernization movements started absolutely with the Tanzimat. This beginning started with the edict known as the Imperial Edict of Gulhane (November 3, 1839), revealed important changes in the areas of education, culture, philosophy, law, literature and society. In the Tanzimat Edict, from that time backward a one hundred fifty years review of the Ottoman State against the West was discussed and it was stated about problems the State lived. The most intensive critiques to the Tanzimat and westernization movements focused on that these renovation movements were realized in consequence of the pressure of the West and were not so imperative. (hsanolu 1999: 195) Superiority of Europe was accepted with this edict. Because in the reforms made prior to the Tanzimat while it was conformed to the principles of traditionalism and commitment to Islamic principles, Europe was taken as model in renovations performed after the Tanzimat. "The State concept, bureaucratic organization, army, education, commercial and penal laws and even partly the court organization were changed according to their European samples." As a result, a duality within the State occurred almost in every area. (Türkler 12/2: 356)

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The last one of principles of providing the safety of life, goods and chastity, abolishing mistaken applications in the land tenure system and applying courts equally to people of every religion that take place in the Edict quite hurt Muslim peoples feelings. Because the superiority of Muslims over infidels had lodged perennially until now both in traditions and in morals. To make them equal to each others was perceived an action made against discreation. (Lewis 1993: 107) Innovations the Tanzimat brought mostly became in favour of Non-Muslims. Christian minorities got a great quantity of wealth by benefiting from the edict. Especially their becoming exempted from military service provided them to grow rich economically and socially. (Ayverdi 1993: 315) 1. Proclamation Process of the Tanzimat Edict In the Ottoman state, the Tanzimat concept was used in the meaning of arranging, improving and reviewing the existing State structure. The Ottoman State, with the proclamation of the Tanzimat Edict, made reforms in administrative, civil, military and social areas that this term was called "the Tanzimat Term". (Hayta 1999: 9) The Tanzimat movements are scheduled renewal and culture movements which were performed being inspired from Europe, to bring a western style thought and management model to the Ottoman. This program started in sultanate years of Mahmut II and its being more comprehensive happened with the effect of Mustafa Reshid Pasha in the term of Abdulmecid. The Tanzimat Edict was announced to the people in Gulhane by Mustafa Reshid Pasha. The purpose of this edict can be summarized as preventing European States from intervening in internal affairs of the Ottoman State, providing closeness with European States and saving the State from regression by taking help from them in the Mehmed Ali Pasha Rebellion. The Ottoman State, in regression term, understood that it was necessary for him to make important renovations by abolishing old and dysfunctional institutions instead of copying them slavishly to be able to survive against European States. In this sense the Tanzimat term differed from previous terms. While renovations made until this term were in military area, renovations in social, administrative and legal areas were made with the Tanzimat. The first and most important step of the realization of constitutional order was taken and so first in this term the sultan limited himself even if it is one-sided. To change administrative structure in the western style was aimed. Performed reforms revealed an irreversible situation through this edict. (Hayta 2003: 119) The Tanzimat innovations brought important obligatory and perennial changes in the State management. (Türkler 12/2: 355) The most important innovation the Tanzimat Edict brought to the Ottoman State is the formation of law force. Namely the sultan accepted through the Tanzimat the existence of a power above his own power. This wasnt an agreement made with the people and could be accepted as the starting of constitutionalism. The Tanzimat term is one of the most important milestones of the Turkish history and which starts from 1839 and continues until 1876 and the effects of which are felt also today. The Ottoman State was not able to show its old successes against Europe as of late 16th century and started to make reforms by the aim of removing a variety of numerous problems. While Europe improved continuously through Renaissance and geographical discoveries, the Ottoman was not able to refresh itself. As of the second half of 18 th century, it accepted military superiority of Europe, started to lose its lands. The Ottoman accepting the superiority of Europe wanted to benefit from science and technologies of Europe by sending embassies and knowing them more closely. That Tulip Term renovation movements finished with the Patrona Halil Rebellion and then European States urged Non-Muslim citizens quite wore the Ottoman State. The State all institutions of which corrupted looked for cures to be able to save from this situation it fell into. Although Selim III looked for permanent solutions to be able to save from this situation and started the Nizam-i Cedid (a modern army) renovations, this term ended with the Kabakçi Mustafa Rebellion. In the term of Sultan Mahmut II, internal and external problems became inextricable. After the inducement of other minorities in consequence of concessions given to Serbians in 1812, Muslim people needed to migrate from the Balkans to Anatolia. With the Venice Congress, the East Issue clearly became appear. The rebellion of Mora, giving independence to Greece, living the Navarin Event, giving autonomy to Wallachia and Moldavia and the Mehmed Ali Pasha Rebellion put the Ottoman State on the very spot. As a result of that Mehmed Ali Pasha arrived to Konya, the Ottoman wished help from Russia. For that reason, Austria, England and France interfered in this matter and Kütahya Agreement was done signed between the Ottoman State and Mehmed Ali Pasha. Therefore internal problem of the Ottoman State became political problem of Europe also with interventions of European States. European States started to state their views not only in military and political areas but also in social, juridical and economic areas. They even started to make

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pressure about giving new rights to Christian minorities over the Ottoman State. Mustafa Reshid Pasha believed that the State could be saved if reforms could be made by taking Europe an example. That Tanzimat Edict was proclaimed under these hard conditions and included many ideas regarded unfamiliar by the society, like deeming Muslim and Non-Muslim citizens equal before the law until that time. Innovations made with the Tanzimat became the beginning of a new term and lighted the way for reforms which will be made in the future. (Yildiz 1992: VII-IX) In the times when the Tanzimat Edict was proclaimed, the problematic situation in which the Ottoman State took place was wanted to be solved through interventions of European States and especially England. (Kütükolu 2001: 355) So the moderate medium provided with the edict facilitated to solve the Egypt issue which became a matter of Europe. The problem was solved thanks to that five States meted in London with the suggestion of England and France being the ally of Mehmed Ali Pasha was excluded and then the London Agreement was signed in July 15, 1840 between England, Russia, Austria and Prussia. Therefore Mehmed Ali Pasha left the lands he occupied and Egypt Governorship was left to him with the inheritance method. (Küçük 1999: 259) Some sovereigns and Statesmen believed that reforms in military area should be made to prevent successive military failures and assumed they could be saved from these problems with the Tanzimat. (Kaynar 1991: 2) Whereas with this edict, the pressure of the West much increased primarily in the subject of situations of Christian minorities and later of the realization of administrative and judicial reforms. (Zürcher 1996: 87) The Imperial Edict, which was read in the garden of Gulhane by Mustafa Reshid Pasha on Sunday 3 November 1836, was entitled the Tanzimat Edict. "In the reading of the edict, the audience consisted of the sultan, first men of the State, notables, representatives of Non-Muslim congregations, embassies of foreign countries and people from the public." It was stated that the safety of life, goods and chastity would be given to everybody either Muslim or Non-Muslim, taxes would be collected righteously, an arrangement would be brought to military service and the ,,imtiyazat (privileges) declared in the edict would be complied by the sultan himself and people not complying with it would be punished. (Türköne 1999: 275, Koçu 1981: 393) 2. Analysis of the Tanzimat Edict The Tanzimat Edict aimed interdependence in the society and the togetherness thought and goaled the Ottoman citizenship thought. In the first part, in respect of opinions revealed, it was stated that the State became powerful as of the beginning was sourced from the commitment to Koran and its principles. In the second part, it was stated that the State got weaker for laws and rules were not complied in the last a hundred and fifty year. In the third part, it was stated that new laws were put for the State to be powerful again. In the fourth part, it was stated that the laws to be formed newly would be applied among citizens justly and equally. In the fifth part, it was told about bases of new laws in principle. When we analysed the edict in this way under five parts, the most important point attracting our attention was living of big changes in terms of personality rights. Therefore the secular and democratic system became important for the Ottoman State. (Hayta 2003: 121-123) As a result of renovations made with the Tanzimat Edict, the basic principles accepted by European States were accepted. Therefore in the Ottoman State, democratic order will start to come into being. (Karal 1988: 173) In the Tanzimat Edict there isnt any lack of method with respect the way text is written. However when examined its provisions, there are big changes in terms of rearranging relations between citizens and the State and limiting authorities of the sovereign legally. So this edict provided the formation of a constitutional management. With the Imperial Edict of Gulhane, it was promised to ensure Muslim and Christian citizens safety of life, goods and chastity, to levy taxes regularly according to everybodys own income, to arrange military affairs, to make courts open and to rearrange the death sentence, to discuss judicial and fiscal topics in the Supreme Council of Judicial Ordinances (Meclis-i Ahkam-i Adliye) and military topics in Daru-ura-yi Askeri (a military council), to possess ones own commodities and estates and to be able to leave these as legacy, to abolish bribe and favour, the sultans taking an oath upon conforming to laws and to accept the existence of the law force above every power. While in the Tanzimat Edict the commitment to Sharia provisions was seen in the forefront, views concerning European law and State understanding took important place. Because laws made to develop the country were taking their source from the West. In this edict, Sharia provisions and Ottoman Tacit Law took place together with the west based law. So the Tanzimat Edict occurred with the mixture of West and East. (Gencer 1993: 440-441) Although the Tanzimat Edict is a movement occurring with the effect of the 1830 Revolutions in Europe, it cant be compared with love of freedom appearing in the West not as a movement coming from the base but as a wellintentioned favour the sultan granted. In addition, while the foundation of constitutional regime was aimed in

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interdependence movements in Europe, some guarantees provided to individuals with the Tanzimat Edict in the Ottoman State can be deemed the first step taken toward constitutional order. (Armaolu 1993: 55-56) With this edict, which brought equality between Muslim and Non-Muslim citizens in terms of right and law, since such an equality was being deemed unavailable according to Islamic rules in the past, deep injuries occurred in the society structure. (hsanolu 1999: 95) A thing that citizens living in the Ottoman State before the Tanzimat Edict had not basic rights and freedoms and everything was between two mouths of the sultan can not be told. The administration of the kings in the West was absolutely a monarchy and they had legislation, execution and juridical forces in their hands. There isnt an autocracy of this meaning in the Ottoman State. Sherry provisions were accepted in return for legislation power and anybody wasnt able to intervene in these provisions. Sometimes oppositions and exploits happened. In juridical power, if the sultan hadnt got this characteristic, then this authority was not given to him. Execution came together in the sultan being the head of execution, being suitable with sherry provisions. So in the text of the Tanzimat Edict it was observed that some defects in the application were stated. The Imperial Edict of Gulhane proclaimed by Sultan Abdulmecid with the efforts of Mustafa Reshid Pasha was a good starting concerning rights and freedoms and an important step taken for justice to be realized within the State. The reason of that Western States made pressures in the proclamation of this edict was sourced not from unavailability of rights and freedoms in the Ottoman State but from the existence of some exploits. Therefore they wanted limitations and liabilities brought by Islamic Law to NonMuslims to be abolished. (hsanolu 1999: 96) Prior to the Tanzimat, while reforms were made to be able to produce solutions for problems in the country, external pressures came out in the reforms made with the Tanzimat Edict and in consequence of this, some changes were made. Mustafa Reshid Pasha stated that the solution way to problems the Ottoman State lived was integration with the West. And Western States directed the Ottoman State in realizing economical, political and administrative reforms. (Sofuolu 2004: 79) Since embassies of European States were invited by Mustafa Reshid Pasha in the proclamation of the Imperial Edict, a sort of guarantorship was given to the Western countries for the sultan to not abolish the edict. Therefore the related people deemed this situation a baseline for themselves and started to intervene in internal affairs of the Ottoman State and to intermeddle continuously. (Sofuolu 2004: 81-82) 3. Application of the Tanzimat Edict Views taking place in the Tanzimat Edict are quite important and have formed a milestone for the modernization of the Ottoman State. This edict stating that it did"Usûl-i atîkayi bütün bütün tayir ve tecdîd (completely disordered the old procedure and then renovated it)" not only stayed on the paper and most of it were applied. So it differed from its similar ones. (Türköne 1999: 275) The Imperial Edict of Gulhane can be evaluated in two terms with respect to applying its provisions. The first is the term which continues until the Reform Edict and in which Mustafa Reshid Pasha is leading performer and the second is the time which continues until the 1 st Constitution Act term under the leadership of Ali, Fuad and Mithat Pashas. Since there wasnt any preparation about the application of provisions in the first term, the application of renovations became an important problem. So a new Edict (1840) was prepared by ministers council for the Tanzimat Edict to be understood better by the people and to prevent riots and it was clearly stated that it wouldnt be against laws and regulations the sultan wanted to be applied. It was stated that everybody from the vizier to the shepherd would be deemed equal, life, goods and chastity safety of all citizens would be ensured, the penalty of death was abolished except obligatory reasons, those acting against these provisions would be punished no matter which ranks they had and so injustice would be prevented. These provisions started to be applied primarily in Istanbul and vicinity and then information was sent to other provinces and they were informed about applications. Taxes started to be taken from everybody according to their incomes and the land tenure system torturing to the villager was abolished in 1840. Officers were assigned to be able to gather taxes regularly. New laws were enacted and the Treasury was upgraded and courts concerning commerce were founded. To be able to prevent the fiscal stress, a paper money called "kaime-i mutebere-i nakdiyye" was put into circulation. It was desired to found a State Bank but later desisted from founding it. However precautions taken in fiscal area did not make glad Muslim and Non-Muslim people. Especially with the Tanzimat, that NonMuslim people freely could perform their religious rituals and so they could ring the church bells freely formed hate among Muslim people. Clergy in churches also didnt become glad for their incomes went out due to new taxes. The reason of the rebellions occurring in some provinces primarily in Istanbul was sourced from new applications. The application of renovations was accelerated by solving the Egypt problem but the opposition wasnt be able to be prevented. In consequence of this, Mustafa Reshid Pasha falling from grace was reappointed

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to Paris Embassy. Mehmed Sadik Rifat Pasha taking the place of him defended the Tanzimat renovations to be applied not immediately but gradually and slowly. Despite many troubles, performed reforms were continued by the efforts of Sultan Abdulmecid. Stamp duties and finance stamps were put to be able to increase revenue in this term. Maps concerning cities and ports were formed. To be able to form a Western style army, permanent renewals were made. After 1843, military service time was elevated to 5 years and the previous soldiers were disbanded. The army was separated into five classes as Hassa, Dersaadet (Istanbul), Rumelia, Anatolia and Arabia. To raise students for Military School (Harbiye Mektabi), senior high schools were opened. With the Tanzimat Edict, when Western States became defenders of rights of Non-Muslim people, to manage them turned out quite difficult. Non-Muslims benefiting from privileges the edict brought along carried the affair to such a point that they accepted themselves as a person of the State the religion of which was the same with their religion, to be able to save from the dominance of the Ottoman. For example, Catholics accepted themselves as French, Orthodoxes as Russian. So Europeans started to intervene in internal affairs of the Ottoman State. In addition, the sect struggle among Christians (e.g. Maruni, Ulah, Roum) revealed important difficulties in the application of the Tanzimat. Such fights precluded successful commerce to be produced in the country and abroad. (Gencer 1993: 442-445) To understand the Tanzimat Edict better, abbreviated exact text is that: "My Vizier, As known by everybody, since almighty provisions of Koran and sherry laws were complied as of the foundation of our exalted State, the force and glory of our supreme royalty and the whole citizens welfare and prosperity had arrived to the peak. There is a one hundred fifty years in that neither sharia sharif nor laws were complied due to successive troubles and various reasons and so the previous force and prosperity were reversed and left its place to weakness and poorness. Whereas it is very real that countries not managed under sharia laws wont be permanent. As of our accession to the sultanate position, our auspicious opinions and works are only and only exclusive to issues of the belief of the country and welfare of people. If we look at our States geographical position, efficient territory and abilities of people, it will necessarily come to desired form with the benevolence of Allah within 510 years provided that necessary attempts are applied. By trusting the support and benevolence of Allah and relying on spirituality of Hz. Prophet, as of now, to preach some new laws is necessary for the best administration of our exalted State. The basis of these compulsory laws shall consist of topics of life safety, the protection of chastity, decency and goods, tax levying and determination and necessary military call and employment. Indeed since in the world there isnt anything mightier than life, chastity and decency, as a man see them under risk, even if he doesnt tend to betray by its very nature, for protecting his life and chastity he can attempt some betrayal ways as well and it is admitted by everybody that this will harm the State and nation. In contrary, those being sure of their lives and chastity dont leave from honesty and course and it is quite clear that their works and interests will be good service to their State and nation. In case there isnt safety of goods, everybody cant warm to both his State and nation, cant concern reconstruction of the country and always feels anxiety and grief. Otherwise namely if he be sure of his goods and property thoroughly, he becomes busy with himself and cares for widening his sustenance circle. The State-nation ardour and the fatherland love increase day by day in him. To this, he tries to serve well. In tax levying and determination, a State stands in need of soldiers and making other necessary expenses for the protection of the country. And this be with money. Money is got with taxes of citizens. So it is very important to care for the arrangement of the tax issue in the best way. Albeit the people of our country were saved from the monopoly devil supposed as revenue before, praise be to Allah, the land tenure procedure which is one of the most destructive tools in this subject and any useful fruit of which is never seen is still in force today. The land tenure procedure means delivering political affairs and fiscal operations of a country to the management of a single man and maybe his unjust treatment. If that man whom it is delivered is not a good human, he cares for only his interest and all actions of him consist of ruthlessness and oppression. For this reason, after that, every individual in the country is obligated to give a suitable tax according to his property and financial power and it is compulsory to not take any more thing from anybody and also to explain and limit our exalted States military expenses and other costs in the land and sea and to make actions according to these.

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In military service issue, as meant above, even if sending soldiers for the protection of the country is the owe of the people, as realized until now, without looking the present population of a country, demanding soldiers more than endurance power of some and demanding less soldiers from some are the reason of the disorder and of the corruption of both agriculture and commerce. In addition, the employment of those soldiers, who come to the army, until the end of their lives requires languor and the generations extinction. So if needed, for soldiers demanded from every country, it is necessary to find a good method and to employ them for four or five years and to perform military service by turns. In short, if these imperative laws are not preached, getting force, prosperity, public peace and repose is not possible. The essence of all them consists of shortly explained basic issues. After that, if case of criminals are not handled publicly and decided according to sharia laws, the execution of secret or open death sentence and poisoning operation is not allowable. The attack by anyone against the others chastity and decency shouldnt happen. Everybody will possess and own his goods and property within an absolute freedom and anyone will not able to intervene in him. If the accusation and misdemeanor of anyone are available, his heirs, since they will be far from that accusation and misdemeanor, these heirs wont be made exempted from right of inheritance by sequestering his goods. Muslims and other religions members who are citizens of the Ottoman will benefit from these provisions without exception. In life, goods and chastity issues, an exact safety was given to people of the whole country according to sharia provisions and the decisions about other issues were taken unanimously and the necessity for accomplishing affairs was confirmed. Members of the Supreme Council of Judicial Ordinances will be increased in number if necessary; deputies and other Statesmen of the exalted State will be bring together in the days scheduled; and all of them will be able to unreservedly state their opinions and comments freely. Necessary laws regarding safety of life and goods and the tax determination will be decided in one side and arrangements in military topics will be talked in the Dar-u ura of Bab-i Seraskeri (council of the ministry of national defence). As every law is decided, for it be in force as long as Allah likes, it will be presented to us for it to be confirmed with our signature of the imperial. Since these sharia laws will only and only preached for the welfare of the States religion and the nations property, well promise not to realize any contravention; and the oath will be offered to scholars and deputies in the Room of Hirka-i Sherife. According to this, the necessary punishment of those acting in the opposite of sherry laws, no matter they be scholars or viziers or anyone, in the grade of their identified crimes, will be executed without paying attention to sake and feelings. For this, a penal statute book shall be arranged. All officers currently have sufficient amount of wages; it there are those not having, for they will be compensated as well, bribe issue being damnable according to Sharia and causing the destroy of the country shall be testified for it not to happen again. Since explained issues means to totally change and renovate the previous procedure (Tanzimat), hereby our precious behest shall be proclaimed to Dersaadet (Istanbul) and all people of the country. In the testimony of friendly States for this procedure to hopefully continue eternally, it shall be declared officially to Embassies residing in the Dersaadet. May Our almighty Lord render all of us successful. May those acting in the opposite of these preached laws obtain the damn of Allah and not get salvation eternally. Shaban 26, 1255 / November 3, 1839. (Akgündüz 1999: 252)

CONCLUSION In the Tanzimat term, many changes especially in education area were realized that their impacts are felt even today. Municipal service and record keeping are important models developing in this term. So the Ottoman State understood it fell behind the West and realized renovations in every area in the western style. (Akgündüz 1999: 253) That any changes were not made by taking into account national interests with the Tanzimat Edict and that we werent able to see real intentions under the suggestions of the Western States prevented us from benefiting essential advantages the revolution would bring about. Western States wanted to break the Ottoman State into

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pieces and to take the largest piece for themselves and compelled the State to proclaim the Tanzimat. By using changes the Tanzimat brought about, they intervened in internal affairs of the Ottoman and precluded the recovery of the empire. (Ayverdi 1993: 324) Since with the renovations a solution wasnt found to break-downs in the State and morals, desired result wasnt able to be taken and the State wasnt able to be saved from collapsing. Since the Tanzimat Edict came into being with the will of people but with unilateral will of the sultan, it couldnt be understood by people completely. For the Tanzimat Edict to be able to be understood better by people, although officers were sent to Anatolia and Rumelia, the goal wasnt able to be arrived. The Ottoman State goaled to take the support of European States when proclaiming this edict. The Western style renovations were made about outward appearance, life style and social area and the law, trade, penal codes and courts. Also in the army and education areas renovations were made by taking the West as a sample. Immediately after the Tanzimat, the Mehmed Ali Pasha problem was able to be solved with the support of them. Europeans and NonMuslims benefited from rights the edict brought along more than Turks and Muslims. The most important contribution of the Tanzimat Edict to the Turkish history is that the first Ottoman intelligentsia raised in this term and that the first important step was taken on the way to realize the constitutional regime.

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