How The Khilafah Was Destroyed by Abdul Qadeem Zallum

As for the Istanbul Centre, the Western countries were not only satisfied with corrupting the Muslims’ children at universities and schools and through propaganda. They also focused on the State itself with the aim of changing the ruling system and the Shari’ah rules, by removing them and replacing them with Western laws. They pursued several styles to achieve this. In 1839, Abdul-Majid 1st acceded to the position of Khaleefah and he was only 16 years old, while Rashid Pasha was ambassador for the Ottoman State in London. He rushed back to Istanbul and was appointed foreign minister. He had no sooner taken up his post than he started campaigning for the parliamentarian constitutional ruling system.

He also declared that he was determined to raise the Ottoman State to the level of a developed state through a constitution that would endorse the rights of the citizens, and he also declared the abolishment of the most prominent shortcomings within the State. Rashid Pasha managed easily to secure the backing of the young Sultan for his scheme, and the document of the constitution was prepared in total secrecy.

On 3rd November 1839, all the leading personalities of the Sublime Porte, representatives of the residents of Istanbul, representatives of the State’s subjects in Europe and members of the diplomatic corps were invited to the stand situated on the southern side of the government house along the Marmara Sea to listen to a recitation of the “Honourable Script” known as “Kalkhanah”. The constitutional document was read to them. It contained a host of European rules with an attempt at giving some consideration to Islam. This was the first attempt at introducing the Western constitutional laws into the State’s system. However, this document remained mere ink on paper and was not implemented.

However in 1855 the European states, particularly Britain, pressed the Ottoman State to carry out constitutional reforms. Under pressure from these states, the Sultan issued on 1st February a bill of reforms. This bill became known as the “Hemayun Script” . The Sultan endorsed in this bill all the rights granted to the subjects in the “Honourable Script” known as “Kalkhanah”.

A host of specific rights were designed for the Christians, such as referring the administration of civic matters to a Select Committee made up of civilians, clerics and others directly elected by the people, the non-coercing of the Muslim who embraces Christianity into returning to Islam, rather allowing him to reject Islam and embrace the Christian faith. The military service was to be made compulsory upon the Christians as it is compulsory upon the Muslims, whereas before, it had been exclusively compulsory upon the Muslims, and also allowing foreigners the ownership of lands in the Ottoman State.

This bill prompted a negative reaction from the citizens, for the Muslims deemed it contradictory to Shari’ah, while the Christians were apprehensive about its implementation. Nevertheless, the European states pursued it under the pretext of reform. However, with the State being Islamic, the Khulafa’ could not embark upon implementing these constitutional laws.

This was the case until the name of Midhat Pasha became prominent within the government circles. He was saturated with Western thoughts and seduced by Western culture. Hence, he decided to establish a constitution for the country that agreed with the Western thoughts in order to please the Western states and to allow the State to proceed on the same level as the Western states.

Midhat Pasha was at the time minister of justice in Muhammad Rushdie Pasha’s government, during the Khilafah of Abdul-Aziz. He endeavoured to persuade Abdul-Aziz to draft a constitution from the Western democratic systems. So he wrote to him and urged him to redress the status quo of the State by establishing a constitution for it. Some of what he wrote in that letter, once he had given an account of the State’s corruption, was the following :

“...your excellency is well aware that the effective cure for this ailment will be to uproot its causes which we know too well. If the causes were removed, the ailment would be removed. Hence, if you were to issue a new “Hamayunian Script” in which you imposed the adherence to the laws and systems, the equality between rich and poor, and elderly and young in the eyes of the law; if you were to return the charitable institutions to their rightful owners and to spend the money on what the donors had pledged them for; if you were to hand the State’s authority back to the Sublime Porte (the government), so that it could adopt its resolutions and then submit them to your excellency; if you did not monopolise the State’s financial and proprietary rights and if the Treasury were not to spend a single piaster without the Sublime Porte’s consent; if the duties of the senior and junior civil servants were outlined and if the ministers were held liable for the consequences of their actions, and if this were to be implemented upon your relatives and private staff; if all of this were implemented, the desired result would be achieved with the help of Allah (swt) and the State would reach the path which your excellency desires.” Prior to submitting the letter to the Khaleefah, Midhat Pasha tabled it to the government and they approved of it. They also agreed that the president should submit the letter to Sultan Abdul-Aziz. He duly met him and handed him the letter. Upon reading the letter, Abdul-Aziz became furious and issued his instructions to immediately dismiss Midhat Pasha from government and alienate him by appointing him Wali over Salonika.

However, he did not stay there for long and he soon returned to Istanbul.

He agreed with Hussein Awni Pasha, Secretary of the State Police, to remove Abdul-Aziz. They then contacted the Navy Chief and Sheikh-ul- Islam. The four agreed on the removal of the Sultan. They set a date for this and this was in the early months of 1876. On the eve of that date, Midhat Pasha sent an anonymous memorandum to the European states, except Russia, in which he declared that the removal of the Sultan had become an inevitable matter according to the Islamic Shari’ah which decrees that the Head of State should be of a fully sound mind.

On the eve of 30th May 1876, the navy disembarked before the government house Dumulah Baghjah and the armed forces gathered and surrounded the Palace. The Sultan was told of his removal and the Fatwa of his removal issued by Sheikh-ul-Islam was read to him. He was taken away from the Saray (government House) and on the same night, Murad 5th acceded to the throne.

In this way Midhat Pasha ousted the Khaleefah with the collaboration of the European states, especially Britain, Germany and France, except Russia, because he refused to establish a constitution for the Islamic State, derived from the Western democratic systems.

It was thought that the appointment of Murad 5th as a Khaleefah for the Muslims, after the removal of Abdul-Aziz, would lead to the establishment of a constitution based on the Western systems, for Murad had been brought up in a Western fashion and he was known to be an enlightened man. Hence, the hope to establish and implement the constitution rested on him. However, his health had deteriorated due to his mental instability.

Notwithstanding this, Midhat Pasha was attempting to declare the constitution. He used to meet with his aides during the illness of Murad, study the laws and systems of Europe and draft the constitution until it was finalised. However, the mental state of Murad became known to all and sundry and his removal became inevitable. Accordingly Sheikh-ul- Islam duly declared his removal on 31st August 1876.

On 1st September his brother Abdul-Hamid acceded to the throne and became Khaleefah of the Muslims. A short while later Midhat Pasha resumed the post of Grand Vizier whereupon, Britain called for a conference in Istanbul gathering the ambassadors of the major powers, with the aim of consolidating peace in the Balkans through the introduction of a host of new proposals. The conference was held and the Ottoman State was pressed into carrying out the reforms, and accordingly Midhat Pasha embarked upon carrying out the domestic reforms. He established a committee formed of 16 civil servants, 10 scholars and two high ranking army officers. He assigned to this committee the task of drafting a constitution for the State. After some extreme difficulties, the committee finally approved of a draft constitution which was inspired by the Belgian constitution. It was promulgated under the title of Qanun Assas (Basic Law) on 23rd December. Hence, a Belgian constitution, with consideration given to some Islamic aspects, became the official constitution of the Islamic State.

Among the matters stipulated by this constitution was to address all the citizens of the State as Ottomans and to recognise their personal freedom.

Instead of Islam being the constitution of the State, as was the case up until then, the constitution stipulated that Islam was the Deen of the State, meaning that the State’s public holidays and other related matters would be considered from an Islamic viewpoint. The constitution also stated that a popular representation would be established through two assemblies, one for the deputies known as The Council of Deputies, and the other for the senators known as The Senate, with members of both houses enjoying parliamentarian immunity. They would not be subjected to the State’s laws nor the Shari’ah rules until such immunity was waived. It also stipulated that the two assemblies should convene on the 1st November of each year, that they should be inaugurated by the throne’s speech, and that the laws proposed by the two assemblies should be implemented once each assembly had endorsed them and once the Sultan had ratified them. In other words, legislation would be carried out by the two assemblies. Further, it stipulated that the drawing up of the budget should be referred to the Deputies Council and that a Supreme Court formed of ten members from the Senate, ten government consultants and ten consultants from the Appeal Court should be established. It stipulated that the rule in the Wilayas should be based on decentralisation.

Since this constitution was considered a democratic system, it was composed of Kufr laws which contradicted Islam. Accordingly as the rules themselves contradicted Islam, had they been implemented, their implementation would have implied the abolishment of the Khilafah system and the establishment of a state similar to any other European state, such as Belgium for instance, whose constitution served as the source of this constitution. Thus the Sublime Porte did not implement it and Abdul- Hamid, as well as the scholars and prominent Muslim figures opposed it.

In this way the Sublime Porte started to avoid implementing the constitution and submitting to the demands of the major powers.

Abdul-Hamid sensed Britain’s trickery and hostility and it seemed that he had also uncovered her attempts at contacting government officials. As a result of this he dismissed Midhat Pasha from his post as Grand Vizier and banished him for perpetrating the high treason, for Midhat Pasha was in contact with the British and he was behind the policy of relying on the Western states. The major powers, especially Britain were closely folowing the Ottoman State and they pursued the implementation of the constitution drafted by Midhat Pasha. Indeed, Britain endeavoured to hold a conference to investigate the issue of the Balkans, the Ottoman State and its domestic reforms.

On 13th June 1878 the conference of Berlin took place, hosting the major powers, Britain, France, Russia and Germany. Disraeli, the Jew, was the British Prime Minister at the time and he represented Britain at the conference. Bismark meanwhile represented Germany and sided with the Ottoman State by opposing the British throughout the conference.

The meetings of the conference lasted for four weeks, at the end of which a host of resolutions, were adopted including a demand for the Ottoman State to introduce modern reforms to its system. However, Abdul-Hamid snubbed them and concentrated his efforts towards training his army. He started to crush those who called for the reliance on the Western states or who demanded the removal of Islam and the adoption of the Western system. The adherents of these ideas were forced to leave the country and establish their centres in Paris and Geneva.

Abdul-Hamid pursued his bid to consolidate the institution of the Khilafah among the Muslims through Islam, to make it able to confront the Western thoughts. However, he failed in his attempt and the European states, although still unable to introduce the democratic system to the state succeeded in introducing a host of Western laws. They continued pursuing this aim until the Young Turk party rebelled against the Sultan in 1908.

They declared the constitution on 21st July 1908 in Salonika and in the same month, they marched towards Istanbul and occupied it. They coerced Sultan Abdul-Hamid into approving the constitution and appointing ministers acceptable to them.

By 17th November, the inauguration of the Ottoman parliament had become easy and Abdul-Hamid submitted temporarily to the Young Turk party. However, he remained determined to abolish the constitution and return to the Islamic Shari’ah.

On 13th April, a revolution against the new rulers broke out. The soldiers revolted and surrounded their officers. They shouted : “Down with Young Turk! Down with Young Turk.” Hence, the Deen inspired war against the modern innovations was declared, and the majority of the masses marched zealously against the constitution.

On 15th April, the Sultan appointed Tawfiq Pasha as Grand Vizier and assigned to him the task of restoring the implementation of the Islamic Shari’ah and the Islamic rules and the abolishment of the new constitution.

However, the army in Salonika revolted once more against the Sultan, seized power and dismissed the government.

On 26th April a national committee was held and acting on a Fatwa from Sheikh-ul-Islam, it took the decision to remove Sultan Abdul-Hamid. His brother Muhammad Rashad acceded to the throne and the constitution was returned and implemented. Hence, the ruling system within the Ottoman State changed and became constitutional and parliamentarian rather than a Khilafah system. All that was left of it was a head of state called the Khaleefah who held the Sultanate. A parliament and a government were in place and the rules were enacted by parliament. The role of the Shari’ah rules in government and legislation was over.

This was as far as the constitutional laws were concerned. As for the Shari’ah rules which the judges ruled by, these had been changed even before then. It was since 1856 that the move towards taking the Western laws started. Pursuant to pressure from the Western states, especially Britain and France, and pressure from their agents and those smitten by them from among the Muslims, the State had adopted a host of Western laws since the days of Sultan Abdul-Majid. They had been introduced to the State and had been implemented, with the judges ruling by them. For instance, in 1275 AH (1857 CE) the State enacted the Ottoman penal code. In 1276 AH (1858 CE), the State enacted the Law of Rights and commerce. In 1288 AH (1870 CE), the State split the courts into two types : Shari’ah courts and regular law courts for which a system was established. Then in 1295 AH (1877 CE) the bill for the establishment of regular courts was established, and in 1296 AH (1878 CE) a decree of basics on the Rights and Penalties Procedure was issued, and a Fatwa from Sheikh-ul-Islam as well as other Fatwas from other scholars were issued permitting the taking of such laws on the basis that they did not contradict Islam. When the scholars found no excuse for introducing the civil law to the State, the Journal was established as a law for transactions and the civil law was discarded; this was in 1286AH (1876CE). An imitation of the old French civil law was taken into account. The law was taken from their books of Fiqh (jurisprudence), while taking into account what the civil law contained in terms of actions and what could be taken in terms of rules, provided a Fiqhi quote was found to agree with them.

Even the basis upon which the French civil law was built, that is the natural tendency or what is known to them as the spirit of the text, was taken and an article was drafted for it which stated: “The precept in the contracts lies in the intentions and the meanings, not in the expressions and the wordings.”