AHDNAMA

Ahdnama (Tur. ahdnāme) is an Arabic-Persian compound, derived from the concept (Ar.) ahd – contract and (Pers.)  nāme – letter, charter, document. It refers to an agreement or contract by which the state is bound to safeguard the inviolability of a right which has been granted to an entity and which ensures its benefits or regulates issues of political, economic or spiritual character. One can therefore distinguish different reasons for or kinds of ahdnamas such as: peace, trade, diplomatic, freedom of navigation, freedom of maritime trade, customs, etc. The ahdnama defines relations, rights or privileges granted to states or individual groups. Historically, the practice of granting the ahdnama dates back from the time of the Prophet to the end of Ottoman rule in Rumelia. In Islamic civilization it was a well-established practice, and such documents were often given to non-Muslims – Christian communities or church institutions.

In the context of spirituality, it can be claimed that the ahdnama is a historical-legal document which gives guarantees to minority ethnic or religious groups or institutions of the groups, and by which the state or personification of the state, holder of highest power, guaranteed the basic rights of existence and unimpeded activity in the legal system of a state.

As a state with several different ethnic and religious communities, the Ottoman State regulated legal status of these communities in accordance to Islamic and secular law. As it expanded and integrated individual regions in its legal system, the Ottoman State also regulated the position of churches, and communities that gathered around the churches. Upon conquering Constantinople, the seat of the Orthodox Church, sultan guaranteed the fundamental rights to the members of Orthodox community: religious freedom, right to life and security and right of ownership. The Istanbul, i.e. Orthodox patriarch, who was elected by church organs and people, was legitimized as the religious and people's head of the Orthodox community and, as the leader of the community, obtained the right to attend the Imperial Council. As individual regions with non-Muslim communities came under Ottoman rule, charters – ahdnamas were granted to them, as a sign of guarantee and protection of the rights listed above. At the same time, it was a legal document which implied autonomy in the issues of religion, education, family and inheritance law, as well as social solidarity. Ethnic groups and churches which obtained charters of freedom, i.e. ahdnamas, had the right to religious gathering, building religious institutions, social insurance, religious rituals, marital and inheritance issues, care, their religious courts in the issues of traditional nature, including certain programs and church taxes. State institutions used to help in the execution of judgements of church courts.   

The first charter of the kind was issued in 1453 to Istanbul patriarch Genadius II, head of the orthodox Church, and it protected the orthodox community, guaranteed right to education in their own language, religious, cultural and other freedoms resulting from the spiritual worldview. Only several years later, a charter was also granted to Jerusalem patriarch (1457–1458), with certain extensions which pertained to “all the holy places”, patriarch, his estates, church jurisdiction and its territorial reach, former rights and obligations. Upon entering Jerusalem in May 1517, sultan Selim granted the ahdnama to other patriarchs in Jerusalem as well, and to regional church communities. Besides, when sultan Selim conquered Sinai, he renewed the ahdnama which Sinai monastery had before, and issued a new ahdnama to the monks of the monastery on the hill of Sinai.

For us in Bosnia and Herzegovina, the historically most important charter of the kind dates back from the mid-15th century. It was granted to fra Anđeo Zvizdović as the highest-ranked Catholic priest in Bosnia (28 May 1463) in the village of Milodraž near Fojnica. Therefore, in our regions the ahdnama has a historical, legal, civilizational and immensely symbolic meaning, particularly in the context of the attitude of some European countries toward minority confessional communities and teachings in the 15th century.  

The text of Bosnian ahdnama reads as follows:

Mehmed, son of Murad-han always triumphant!

The order of honorable, sublime sultan's sign and bright imperial tugra (signature), conqueror of the world is the following:

            I, sultan Mehmed-han, advise the whole world (common people and officials), that my great mercy befell on the holders of this imperial decree, Bosnian monks, and I order as follows:

Let nobody make obstacles for the mentioned (monks) and their churches, and let nobody disturb them. Let them reside serenely in my empire. And those who emigrated (fled and left), let them be free and safe. Let them come and let them reside in the countries of my empire without fear. Let them settle in their monasteries and let nobody, even my great highness, nor any of my viziers, or my servants, or my subjects, or any citizen of my empire – insult and disturb the above mentioned. Let them not invade, threaten or insult them or their souls (lives), or their property, or their churches. Besides, let them be allowed to bring a man from a side (abroad) to the countries of my Empire. For these reasons, i generously grant the imperial order to the mentioned ones, and I swear with the following solemn vows: I swear by the Maker of the earth and the heaven, who feeds all creatures, and by seven mushafs, and by our great Prophet (Muhammed), and by the sword which I gird, that nobody shall oppose what I have written as long as they serve to me, as long as they obey me and are loyal to my order.

Written on 28 May                                                      In the village of Milodraž                              

Orthodox church and Orthodox clergy attempted to secure the right to collect church taxes from Catholics and Catholic church as well, including taxes on baptizing, marrying, inheritance, gifts etc. In such cases, the Ahdnama in Bosnia was a legal basis and a fundamental document for the defense of rights before local judicial, regional or central authorities. It proved the preferential status, independence of Orthodox Church and separate rituals, so that the Ahdnama was not a disposable document but proved its validity and significance centuries later, upon violation of the rights granted by the Ahdnama regardless of the cause.