From this perspective, we have to take a look at the opportunities provided by Islamic resources on this subject. The ruling elite do not consider religion in the processes of Westernization and modernization. They even hold that anti-religious reforms will be more influential. However, this prevents the internalization of the reforms because of the crisis of legitimacy it causes. This is the primary reason for the failure of the reforms desperately needed in Turkey and the Islamic world.An equally important issue implies that civil society entities have to be extensions of our historical experience and a developed form of this experience. A society may not go through a process of change by standing against its own history or breaking its ties with its past. It is against the nature of social and human events. Besides, as far as a civil initiative or civil society is concerned, we can argue that Islam has been breeding a civilian approach since its inception. Of course, this is quite different from the Western form and it is only natural.
Our history features some material reasons that did not make democratization possible. Above all, our customary law, which plays a significant role in the administrative law, has been overwhelmingly influential on our political culture. Despite this, we should also note that our political experience in our history does not resemble the Western experience where monarchies and monarchs were sanctified as absolute and divine rulers.
Even though our customary law served as a base for the legitimization of repressive policies to protect the dynasty and the throne, the sultans were not absolutist rulers; Shariah limited the rulers. There is no single Ottoman ruler or sultan who did not admit that Shariah law circumscribed their actions and sphere of authority. This proves that the principle of the rule of law was rooted in our history as well as our political culture. Shariah still represents the highest and noblest value in our collective memory. A famous national saying states that a “finger amputated under Shariah law does not ache at all.” And illegality is expressed in our daily language by the notion, “gayr-ı meşru,” which literally means “against Shariah.” The sultan is not allowed to do anything he wishes in the Ottoman administrative system. In absolutist societies, the king acts relying on the principle of “I am the state; I am the law.” There are, of course, some rules, social values and forces limiting the sultan. He may be overthrown when he violates these rules. This was clearly expressed in a decree issued by Sultan Süleyman, whose rule lasted for 46 years; the decree states that the sultan shall be overthrown by the viziers and the deputies if he breaches the laws and Shariah rules.
The righteous khalifas who came to power through elections after the Prophet also observed this principle. Unfortunately, a mechanism that would establish the rules determining the operation of this system was not created. As such, the religious clerks and scholars relied on the janissaries when they ruled that the sultan had violated Shariah. Because of this, the janissaries -- in other words the military -- assumed a mission that implied the protection of the regime.
It is also possible to observe this even in current times; customary law and martial law is an ancient Turkish tradition. It is possible to trace this back to the laws of Genghis Khan. Up until recently, the administration of martial law was referred to as simply “customary law.”
It should be noted that the military occasionally interferes in civilian politics acting consistently with traditional codes. It may sometimes stage bloody coups as observed on May 27, 1960 and Sept. 12, 1980, but it always hands the administration over to civilians after a short reign. This is not something related to being a member of NATO or the Council of Europe; the primary reason for the willingness of the military to give up power is the historical tradition suggesting that the army does not stay in power permanently. The military runs a thorough internal restructuring, and it even imposes this upon society, but it never stays in power forever. This is the most distinctive aspect of the Turkish military.
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