Abstract:

The other is a notion that refers to those that are outside the characteristics that a person or group desc-ribes themselves. People and societies have different characteristics from each other individually and culturally. Difference is a phenomenon seen in all aspects of life. Faith, language, ethnicity, and cultural differences are phenomenas that add meaning and values to human life actually. Nevertheless, these dif-ferences can become cause of conflict often. Teaching of preserving, sustaining, respecting of differences and that these are wealth of human life is absolutely necessary for prevent or to keep to the minimum level conflicts. All these can be realized through education and legal regulations. Multiculturalism which means coexistence of cultural differences is one of the main characteristics of human societies. Because of that, problems and solutions related to differences in society also have common sides from yesterday to today. Based on this idea, the aim of the article is to introduce the legal sources of educational rights of subjects belonging to beliefs other than Islam and how this right is used in Ottoman society with a multi-cultural structure. Firstly, Ottoman legal system is based on Islamic Law. In Islamic Law, duties and res-ponsibilities of muslims and non-muslims are different from each other. But, this difference does not mean that non-muslims deprived main rights and freedoms such as faith, worship, education, travel and trade. Islamic law guarantees the fundamental rights of members of different faiths within its structure. In addition, in the Turkish understanding of the state, there is a tradition of respecting differences in the exercise of legal rights. In this respect, the Ottoman State respected the educational rights of its subjects belonging to different ethnicities and religious beliefs on grounds related to religion and state tradition and did not prevent them from using them. It is necessary to divide the Ottoman education system into two periods before and after the Constitutional Reforms (Tanzimat) Era. In both periods muslim and non-muslim’s educational institutions have similiar basic features. Educational institutions of both groups are supported by foundations, and their purpose, program and teachers are religious. After the preparation of the General Education Regulations (Maarif-i Umumiye Nizamnamesi) dated 1869 during the Tanzimat period, religious influence on education has been replaced by an understanding based on social needs and equal civil rights. While educational activities were previously carried out only under the Community Foundations, Official Public Schools (mektep) were established in addition to these institutions during the Tanzimat period. As a result of the regulations made in the education system, all citizens were admitted to military and civilian public schools without distinction. Non-muslim members had taken part in com-misions which new education system planned, too. Thus, a step was taken towards a secular structure in the field of education as both administration and understanding. In the General Education Regulations, in which the educational organization is organized extensively, non-muslims are also allowed to open priva-te schools for their communities. With the same judicial arrangement it was permitted to open primitive schools for every religious communities. Since the Abdulhamid II era, religious classes have been inclu-ded in the programs of secondary schools, but non-muslims have been exempt. The reason why religious classes are included in secondary schools is that non-muslims usually prefer private congregations or foreign schools established by them instead of Public Schools. The Ottoman state legally granted rights in the field of education to non-muslims, who held the status of “other” or “minority”. Thanks to these rights, no religious and ethnic structure that lived under Ottoman rule for centuries was destroyed, and all differences retained their religious and cultural identity. This understanding and practice should be considered an important experience that should also be considered for today's societies.

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