Decolonizing Decriminalization Analyses: Did the Ottomans Decriminalize Homosexuality in 1858?

Area of Science:

• Legal History
• Ottoman Studies
• Gender and Sexuality Studies

Background:

• The decriminalization of homosexuality in the Ottoman Empire in 1858 is widely accepted.
• This acceptance is often based on the perceived absence of penalties for private same-sex intimacy.

Purpose of the Study:

• To critically reassess the prevailing understanding of Ottoman homosexuality decriminalization.
• To investigate the historical accuracy of applying Western legal frameworks to Ottoman legal history.

Main Methods:

• Analysis of Ottoman legal codes and historical penal practices.
• Comparative legal analysis of Western and Ottoman criminalization frameworks.
• Examination of the historical context of homosexuality in the Ottoman Empire.

Main Results:

• The assumption of Ottoman decriminalization in 1858 is a misanalysis based on universalizing Western legal formulas.
• Ottoman criminalization of homosexuality differed from Western models, invalidating direct application of Western decriminalization frameworks.
• The study reveals a lack of examination into how homosexuality was criminalized in the Ottoman Empire prior to 1858.

Conclusions:

• The prevailing narrative of Ottoman decriminalization in 1858 is flawed due to a failure to understand prior Ottoman penal cultures.
• Applying Western legal models to Ottoman history leads to neo-orientalist conclusions and misinterpretations.
• A nuanced, historically grounded approach is necessary for accurate assessments of legal and social history in non-Western contexts.