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Düstur

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Düstur

The Ottoman Code of Public Laws, also known as the Düstur or Destur or Doustour, was a set of laws in the Ottoman Empire. It includes the penal code as well as some civil and commercial laws.

The first Ottoman Turkish volume was published in 1862, and the second was published in 1865. Serialization began in 1872, and the first volume labeled "Destur" was published in 1873. The final volume was published in 1886.

M. Safa Saraçoğlu, author of "Economic Interventionism, Islamic Law and Provincial Government in the Ottoman Empire," stated that its style and structure are similar to that of the 1851 legal collection Mecmu'a-yı Kavanin.

The name Dustûr in Ottoman Turkish is a loanword from Arabic which ultimately comes from a Persian word for a law collection named Destur (Persian: دَسْتور, romanizedDestûr). The Persian and Turkish use of the word also influenced the Arabic word Dustur (Arabic: دُسْتور, romanizedDustūr), which is the literal translation of Constitution. French orthography was the preferred system for the romanization of Ottoman during the Imperial era, as the French was lingua franca of the 19th century, hence the name Doustour.

The Düstur was intended to provide a framework for governance and outline the rights and responsibilities of both the government and its subjects. It aimed to establish a constitutional monarchy in the Ottoman Empire, granting certain rights to citizens and limiting the powers of the ruling Sultan.

The Düstur consisted of two parts: the Basic Law (Kanun-ı Esasi) and the Regulation of the Council of Ministers. The Basic Law outlined the fundamental principles of the government, including the division of powers, the rights of citizens, and the structure of the legislative and executive branches. The Regulation of the Council of Ministers outlined the functioning and responsibilities of the Council.

The introduction of the Düstur was a significant step towards constitutionalism in the Ottoman Empire. It created a framework for a more representative government, with the General Assembly (Meclis-i Umumi) established as a legislative body that represented various regions and communities within the empire.

However, the implementation and enforcement of the Düstur faced challenges and setbacks. Political instability, conflicts, and resistance from conservative forces hindered its full realization. The Sultan and some factions within the empire were hesitant to relinquish power, and the Düstur was suspended multiple times during its existence.

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