THE IMPACT OF POSITIVE LAWS ON THE FALL OF THE OTTOMAN STATE: A HISTORICAL ANALYTICAL STUDY

Abstract

The research problem centers on a fundamental question: What is the reality of the legal transformation that the Ottoman State underwent—from the implementation of Islamic Sharīʿah in its early stages to the adoption of positive laws in its later phases? What were the underlying causes that led some Ottoman sultans to embrace such legislation? And what impact did this transformation have on the weakening and eventual collapse of the Empire? The study aims to clarify the condition of the Ottoman State regarding its application of Islamic Sharīʿah in its formative stages, identify the most significant phases in which the sultans applied positive laws, examine the impact of these laws on the weakening and downfall of the State, and explore the position of Ottoman scholars vis-à-vis the legal and intellectual Westernization movement that affected the Empire. The study employs the historical descriptive-analytical methodology, given the nature of the topic, which necessitates tracing the historical phases of the Ottoman State, describing its legal reality, and analyzing the historical texts and documents related to the sultans' edicts and the regulations issued during their reigns. The study reached the following conclusions:

1. Governing in accordance with what Allah has revealed is among the fundamental prerequisites of faith, and one of the essential principles of Islam.

2. The imposition of positive laws upon Islamic lands did not originate within the Ottoman State; rather, the Tatars first imposed their own positive laws upon Muslims after toppling the Islamic Caliphate, and the Ottoman sultans subsequently followed suit in later periods.

3. The Ottoman State, in its initial phase, was founded upon the application of Islamic Sharīʿah, which constituted one of the principal factors behind its strength and continuity for nearly four centuries.

4. The year 1255 AH / 1839 CE represents the pivotal turning point in the State's trajectory, when it deviated from its Sharīʿah-based path and adopted laws imported from Western nations.

5. Multiple causes led the Ottoman sultans to embrace positive laws, foremost among which were: the desire to reform military institutions, the general reformation of state institutions, the aspiration to keep pace with the progress of foreign powers, and the external pressures exerted by European states upon the Empire.

6. The Ottoman State's adoption of positive laws occurred through successive stages, rather than in a single phase.

7. The marginalization of Islamic Sharīʿah and the implementation of positive laws had a manifest impact on the weakening and collapse of the Ottoman State; nevertheless, this constituted a secondary contributing factor, not a sole or principal cause.