Osmanlı Devleti’nde Kişilerin Tabiiyeti, İkamet ve Seyahat Hakkı: Vatandaşlık Hukuku ve Yabancılar Hukuku Perspektifinden Hukuki Dönüşüm ve Modernleşme

Arslan Ş.

ULUSLARARASI ANTALYA ÜNİVERSİTESİ HUKUK FAKÜLTESİ DERGİSİ, cilt.13, sa.25, ss.121-156, 2025 (TRDizin)

Özet

In the Ottoman Empire, the concept of nationality was defined primarily within the framework of Islamic law rather than through a legal or political bond with the state. However, in response to legal needs arising from social change, the Regulation on Ottoman Nationality was adopted on January 23, 1869. In parallel with reforms in fundamental rights and freedoms, the right to residence and travel underwent a similar transformation. Between the 16th and 20th centuries, various regulations and practices were implemented. Ultimately, the Provisional Law on the Travel and Residence of Foreigners in Ottoman Lands, enacted on March 15, 1915, laid the foundations of modern Turkish law regarding residence and travel. This law primarily regulated the travel and residency rights of foreigners and has not yet been examined in a monographic study. This article provides a detailed analysis of the evolving concept of nationality in the Ottoman Empire and investigates how these changes affected the residence and travel rights of both foreigners and citizens.

n the Ottoman Empire, the concept of nationality was defined primarily within the framework of Islamic law rather than through a legal or political bond with the state. However, in response to legal needs arising from social change, the Regulation on Ottoman Nationality was adopted on January 23, 1869. In parallel with reforms in fundamental rights and freedoms, the right to residence and travel underwent a similar transformation. Between the 16th and 20th centuries, various regulations and practices were implemented. Ultimately, the Provisional Law on the Travel and Residence of Foreigners in Ottoman Lands, enacted on March 15, 1915, laid the foundations of modern Turkish law regarding residence and travel. This law primarily regulated the travel and residence rights of foreigners and has not yet been examined in a monographic study. This article provides a detailed analysis of the evolving concept of nationality in the Ottoman Empire and investigates how these changes affected the residence and travel rights of both foreigners and citizens.