Ƙoƙarin Gabatar da Ƙa'idojin Kundin Tsarin Mulkin Yammacin Turai
The Attempt At Introducing The Western Constitutional Rules
Game da Cibiyar Istanbul, ƙasashen Yammacin Duniya ba su tsaya kawai ga lalata yaran Musulmi a jami'o'i da makarantu da kuma ta hanyar farfaganda ba. Sun kuma mayar da hankali ga Gwamnatin kanta da manufar canza tsarin mulki da hukunce-hukuncen Shari'a, ta hanyar cire su da maye gurbinsu da dokokin Yamma. Sun bi salo-salo da dama don cimma wannan. A shekarar 1839, Abdul-Majid na 1 ya hau kan mukamin Khalifa yana da shekara 16 kacal, yayin da Rashid Pasha yake jakada ga Daular Usmaniyya a London. Ya yi gaggawar komawa Istanbul aka nada shi ministan harkokin waje. Bai dade da karbar mukamin ba sai ya fara yaƙin neman a kafa tsarin mulki na majalisa mai kundin tsarin mulki.
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 Shariah 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.
Ya kuma sanar da cewa yana da niyyar ɗaga Daular Usmaniyya zuwa matakin ƙasa mai ci gaba ta hanyar kundin tsarin mulki wanda zai tabbatar da haƙƙoƙin 'yan ƙasa, kuma ya sanar da kawar da manyan kasawar da ke cikin Daular. Rashid Pasha ya samu cikin sauƙi goyon bayan Sarki matashi ga shirinsa, kuma an shirya daftarin kundin tsarin mulkin cikin sirri gaba ɗaya.
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.
A ranar 3 ga Nuwamba, 1839, an gayyaci dukkan manyan jami'an Bab-i Ali, wakilan mazauna Istanbul, wakilan jihohin da ke Turai, da membobin tawagogin diflomasiyya, zuwa dandalin da ke gefen kudu na gidan gwamnati a bakin Tekun Marmara, don sauraron karatun Takardar Mai Daraja da aka sani da Kalkhanah. Aka karanta musu takardar tsarin mulki. Takardar ta ƙunshi dokoki da yawa na Turai, tare da ƙoƙari na ba Musulunci wani kaso na la'akari. Wannan shi ne karon farko na ƙoƙarin shigar da dokokin tsarin mulkin Yamma cikin tsarin jihar. Sai dai wannan takarda ta zauna a matsayin tawada kawai a kan takarda, ba a aiwatar da ita ba.
On 3rd November 1839, all the leading personalities of the Sublime Porte, representatives of the residents of Istanbul, representatives of the States 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 States system. However, this document remained mere ink on paper and was not implemented.
Amma a shekarar 1855, ƙasashen Turai, musamman Birtaniya, sun matsa wa Daular Usmaniyya lamba don ta aiwatar da gyare-gyaren tsarin mulki. Sakamakon matsin lamba daga waɗannan ƙasashe, Sarki ya fitar a ranar 1 ga Fabrairu wata doka ta gyare-gyare. Wannan doka ta zama sananne da suna Hemayun Script. Sarki ya amince a cikin wannan doka da duk haƙƙoƙin da aka bai wa talakawa a cikin Rubutun Girma da aka sani da Kalkhanah.
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.
Wasu haƙƙoƙi na musamman an tsara su ga Kiristoci, kamar miƙa al'amuran gudanarwar jama'a ga wani Kwamiti na Zaɓe wanda ya ƙunshi farar hula, malamai da wasu waɗanda jama'a suka zaɓa kai tsaye; da rashin tilasta wa Musulmin da ya karɓi Kiristanci komawa Musulunci, sai dai a bar shi ya ƙi Musulunci ya karɓi addinin Kiristanci. Haka kuma an sanya aikin soja ya zama wajibi a kan Kiristoci kamar yadda yake wajibi a kan Musulmi, alhali a baya ya kasance wajibi ne kawai a kan Musulmi, da kuma ba baƙi damar mallakar filaye a cikin Daular Usmaniyya.
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.
Wannan doka ta haifar da martani mara kyau daga 'yan ƙasa: Musulmai sun ɗauke ta a matsayin wadda ta saɓa wa Shari'a, yayin da Kiristoci suka nuna fargaba game da aiwatar da ita. Duk da haka, ƙasashen Turai sun ci gaba da bibiyarta bisa uzurin gyara. Sai dai, tun da ƙasar Musulunci ce, Khulafa'u ba su iya ɗaukar nauyin aiwatar da waɗannan dokokin tsarin mulki ba.
This bill prompted a negative reaction from the citizens, for the Muslims deemed it contradictory to Shariah, 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.
Haka dai ya kasance har zuwa lokacin da sunan Midhat Pasha ya fara fitowa fili a cikin da'irar gwamnati. Ya cika da tunanin Yammacin Duniya, kuma al'adun Yammacin Duniya sun ruɗe shi. Saboda haka, ya yanke shawarar kafa kundin tsarin mulki ga ƙasar wanda ya dace da tunanin Yammacin Duniya, domin ya faranta wa ƙasashen Yammacin Duniya rai da kuma ba da damar Gwamnati ta ci gaba a matakin ɗaya da ƙasashen Yammacin Duniya.
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.
Ƙoƙarin Midhat Pasha na tsara kundin tsarin mulki ga ƙasa daga tsarin Yammaci
Midhat Pasha's Attempt At Drafting A Constitution For The State From The Western Systems
Midhat Pasha a lokacin shi ne ministan shari'a a gwamnatin Muhammad Rushdie Pasha, a zamanin Khalifancin Abdul-Aziz. Ya yi ƙoƙari ya shawo kan Abdul-Aziz ya tsara kundin tsarin mulki daga tsarin dimokuraɗiyya na Yamma. Saboda haka ya rubuta masa wasiƙa, yana roƙonsa ya gyara halin da Ƙasar ke ciki ta hanyar kafa mata kundin tsarin mulki. Daga cikin abin da ya rubuta a cikin wannan wasiƙar, bayan ya bayyana cin hanci da rashawar Ƙasar, akwai wannan:
Midhat Pasha was at the time minister of justice in Muhammad Rushdie Pashas 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 States corruption, was the following :
Your Excellency is well aware that the effective cure for this ailment is to uproot its causes, which we know only too well. If the causes were removed, the ailment would be removed. Therefore, if you were to issue a new Hamayunian Script in which you imposed adherence to the laws and systems, and equality between rich and poor, and between elderly and young, before 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 it for; if you were to hand the authority of the States 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 financial and property rights of the States, and if the Treasury were not to spend a single piaster without the consent of the Sublime Porte; if the duties of senior and junior civil servants were outlined, and if the ministers were held liable for the consequences of their actions, and if this were implemented upon your relatives and private staff as well; 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. Before submitting the letter to the Khaleefah, Midhat Pasha presented it to the government, and they approved 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 instructions to immediately dismiss Midhat Pasha from government and to remove him from influence by appointing him Wali over Salonika.
...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 States 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 States financial and proprietary rights and if the Treasury were not to spend a single piaster without the Sublime Portes 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.
Adawa ta Abdul-Hamid ga Kundin Tsarin Mulkin Midhat
Abdul-hamid's Opposition To Midhat's Constitution
Tun da wannan kundin tsarin mulki an ɗauke shi a matsayin tsarin dimokuraɗiyya, an tsara shi ne da dokokin kufr waɗanda suka saɓa wa Musulunci. Saboda haka, tun da dokokin kansu suna saɓa wa Musulunci, da an aiwatar da su, aiwatarwar za ta nuna kawar da tsarin Khilafah da kafa wata ƙasa irin kowace ƙasar Turai, kamar Belgium misali, wadda kundin tsarin mulkinta ya zama tushen wannan kundin tsarin mulki. Don haka Babban Ƙofar Gwamnatin Usmaniyya ba ta aiwatar da shi ba, kuma Abdul-Hamid, da malamai da fitattun mutanen Musulmi, sun adawa da shi.
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.
Ta haka ne Babban Ƙofar Daular Usmaniyya ta fara gujewa aiwatar da kundin tsarin mulki da kuma biyayya ga buƙatun manyan ƙasashen duniya.
In this way the Sublime Porte started to avoid implementing the constitution and submitting to the demands of the major powers.
Abdul-Hamid ya fahimci dabarar Birtaniya da gaba da take nuna wa, kuma ya bayyana cewa ita ma tana ƙoƙarin tuntubar jami'an gwamnati. Saboda haka, ya cire Midhat Pasha daga muƙaminsa na Babban Mataimakin Sarki (Grand Vizier) kuma ya kore shi saboda aikata babban cin amana, domin Midhat Pasha yana tuntubar Birtaniya kuma shi ne yake bayan manufar dogaro da ƙasashen Yamma. Manyan ƙasashe, musamman Birtaniya, suna bin halin Daular Usmaniyya sosai, kuma suna bin aiwatar da kundin tsarin mulkin da Midhat Pasha ya tsara. Hakika, Birtaniya ta yi ƙoƙarin shirya taro don bincika batun ƙasashen Balkan, Daular Usmaniyya da kuma gyare-gyaren cikin gida.
Abdul-Hamid sensed Britains 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.
A ranar 13 ga Yuni, 1878, aka gudanar da taron Berlin, wanda manyan ƙasashe suka halarta: Birtaniya, Faransa, Rasha da Jamus. Disraeli, bayahude, shi ne Firayim Ministan Birtaniya a lokacin, kuma shi ne ya wakilci Birtaniya a taron. Bismarck kuwa ya wakilci Jamus, kuma ya goyi bayan Daular Usmaniyya ta hanyar adawa da Birtaniya a duk lokacin taron.