Customary law in nomadic
history of Kazakhs
of
al-Farabi Kazakh National university,
Almaty,
Republic of Kazakhstan
Customary law of Kazakhs is the monument of the rich of nomadic civilization. It is backed by centuries long history, life potential and human freedom demand. Any legal system originates from the social needs. Customary law was designed to address the solution of the complex needs of Kazakh society. Within various historical periods the legal systems aimed to regularize relations between and within nomadic states, have much in common. State structure of Kazakh khanate, system of political governance, legal relations, cultural evolutions originate from early times. Tribal confederations and their legal practices left a rich legacy for Kazakh nomadic society.
Ancient nomadic law of Kazakhs, Turkic linguistic arts produced valuable cultural heritage. Development of legal relations of nomads went hand in hand with the state formation. The Kazakh khanate inherited the legal practices of the Turkic states – code of customary law, political, criminal, civic practices regulations, and international law. The failure of the Turkic states to cope with legal problems led to their eventual decline and collapse.
In VI century, in Central Asia was formed
a Turkic kaganate out of dispersed tribes, brought together by Bumin kagan. He
adopted a law on state integrity and protection of the rights of ordinary
members of society. it is known from the Chinese sources. We should mention the
articles that worked as legal acts: The one who instigates a rebellion or riot
must be condemned to death. The one who betrays the interests of Turks is
considered be the traitor and must be put to death. The one found guilty in death of an innocent person must be put to
death. Adultery with somebody’s
wife is punishable with death penalty. Stealth of a horse tied to someone’s
yurt is punishable by death. Injury
during the fight must be compensated by ransom.The compensation for stolen
horse is ten times more that its original price [ 1].
These legal establishments on internal solidarity and integrity cemented the newly created state. The runic inscriptions of the Turkic rulers’ call to unity were extremely important for Turks. This legal monument of the first independent Turkic state testified its creation, and that law governed various problems people faced - criminal, family or economic disputes. But these legal practices could be applied only to the medieval nomadic states. The researches on Turkic states analyzed state governance methods, nomadic public relations, and developed the concept of “nomadic state”. The ideological power justified the legal structure of the Turkic state, and its norms. Civil, criminal, family, property cases were regularized. The legal rights Ashina dynasty had enormous power in the state. The law “Tore”, as the pillar of the state regime and the dominant dynasty managed them. The power of kagan was inherited by his successor. The power passed only from grandfather to grandson, and from elder brother to the younger one. The third pillar were creation of the laws to manage the state and intra-tribal relations, as the basics of the international law. These norms formed the “Tore” legal system set up in VIII century. Along with the formation of Turkic states, the “Tore” legal principle influenced other legal practices. “Tore” had the legal right for governance. The main aim was to provide state integrity, to overcome intra-tribal conflicts and contradictions, orderly arrange any relations in the socium. Turkic legal practices and “Tore” principle were continued within the further development of Turkic states and societies. From that viewpoint for present times, is very important to investigate ‘Tore” legal principle, as in XVI century Armenian-Kypshak legal code and procedural norms were based on it, and are part of the world legal heritage[2].
In the history of
steppe civilizations the big state formation set up by nomads in early XIII
century got to the world prominence and spread its influence on other states
and societies. During the formation of single Mongol ulus (people) with the aim
to strengthen the state was adopted the modified code of legal practices of
nomads with the amendments by the demands of the Mongol community “Great
Yassa”. The name “great” implied that it was compulsory for all Mongols. In
this point, the common Yassa was superior to the local/tribal legal practices.
Yassa in Mongol means “yassak” or establishment, enactment, or law. Gengizkhan
as the collection of laws and legal practices adopted Yassa for Mongols.
Rashid-ad-Din informed that for adoption of that law was convened a kurultai in
1206 [3]. The law was adopted after victory of Gengizkhan over Kereits, Naimans
and Merkits. The law taken at Great
kurultai opened the way to strengthening the power of Gengizkhan.
In 1218, at the
kurultai with the objective to arrange a campaign to Turkestan were introduced
some amendments. In 1225 was adopted with amendments “Great Yassa” again. But
unfortunately the original version of Great Yassa was not preserved, and its
fragments are found in the works of Arabic and Persian historians. Almost
complete version of Great Yassa was found in the chronicle of the Persian
chronicle recorder Ala ad-Din-Ata Malik Juveini “Tariq –I- Jakhangushai”, in
translation it sounds - “History of
Jakhangushai” or “History of the world conqueror” [4]. Other authors –
al-Omari, al-Markizi, Mirhond approved the facts given in the works of Juveini.
On one side, the “Yassa” research of Juveini is big, no doubt. By Juveini, the
Yassa in Mongol language was preserved in Uigur inscriptions on tumars
(protective talismans). The talismans were distributed to prominent noble
people, experts of Yassa and members of the khan dynasty. In translation of the
Russian orientalist V.Minorsky, the chapter from Juveini work on Yassa, was
used by Vernadsky G. in his research as an appendix[5]. Qalmyk researcher
E.Kara-Davan in his work dedicated to the history of Gengizkhan used the data
from Yassa, as well as from a-Markizi, Mirkhond, ibn-Batuta, etc[6].
The
Kazakh laws originate from Turkic times, and were enriched
by the legal practices and cultures of other peoples. Secondly, Kazakh laws
borrowed and interpreted adapting to their needs the best samples and models of
legal cultures of other peoples.
References:
1.
Bichurin
I.Y. Collection of information about the peoples living in Central Asia in
ancient times. Almaty, 1996, Vol. I, 234 pages.
2.
Êlyashtorny
S.G., Sultanov T.I. States and peoples of the Eurasian steppes. St. Peterbourg,
2004, p. 189.
3.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.
4.
Abuseitova
M., Baranova Y. Written sources on history and culture of Kazakhstan and
Central Asia in XIII-XVIII centuries. Almaty, 2001, pp.19-25.
5.
Abuseitova
M., Baranova Y. Written sources on history and culture of Kazakhstan and
Central Asia in XIII-XVIII centuries. Almaty, 2001, pp.19-25.
6.
Erenzhen
Khara-Davan. Gengizkhan as a warlord and his legacy. Almaty, 1992, pp. 183-185.
Bio
Teleuova E.T. graduated from al-Farabi Kazakh State University in 1994. in 1998 she defended her candidate dissertation “Social Features of Traditional Kazakh Society”. Since 1999 she has been working in the department of ancient and medieval history of Kazakhstan of the historical department of al-Farabi university. She teaches courses on History of Kazakhstan and foreign policy of Kazakh khanate.