CONSIDERAȚII PRIVIND REGIMUL JURIDIC AL NEMUSULMANILOR DIN KAZÂ-LELE OTOMANE DE PE TERITORIUL ŢĂRII MOLDOVEI (SFÂRȘITUL SECOLULUI AL XV-LEA – ÎNCEPUTUL SECOLULUI AL XIX-LEA)

Abstract

The fate of the Principality of Moldavia since late 15th to 18th centuries has been marked several times by violent interventions of the Ottoman Empire that resulted among others in significant territorial anexations. The territorial acquisitions resulted in administrative-territorial entities under the direct jurisdiction of the Porte and this had impact on the status of the non-Muslim population from the kazâ-s. The inhabitants from these Ottoman territories were included in dâr ul-Islâm, „The House of Islam”, meaning the territories under the sovereignity of the sultân, i.e. of the Ottoman Empire itself. The status of the so-called internal non-Muslims or of the re’âya-s, were established according to the Coran and the so-called ordonanced and prescriptions of Umar (Omar). The relations between Muslim and non-Muslim communities was established according to a pact or contract called zimmet which stipulated tolerance and protection of the latter. Thus, this category of population – called also harbî – that enjoyed their own religious life, when accepting to pay the tribute and respect the Islamic norms related to the the protection of life and properties were considered to belong legally to the ehl-i zimmet or zimmis categories, i.e. „the persons of the pact” or „protected persons”. The non-Muslim population (zimmî-s) of the Ottoman Empire enjoyed almost the same rights as the Muslim population not only in respect to the protection of their properties and liberties, but also thier lives. In conclusion, the status of non-Muslims, including that of the Christian Moldavians from the Ottoman ruled territories of the Principality of Moldavia was similar to that of the other non-Muslims from other parts of the Ottoman Empire (zimmî of the dâr ul-Islâm). In the latter period however, as a result of the changes in relations between the civil and spiritual authorities of the Ottoman Empire there were recorded changes in the status of the non-Muslim population of the re’âya-s.