Volume 03 Issue 11-2023
264
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
11
Pages:
264-267
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
A
BSTRACT
Kokan khanate left a mark in history with its legal aspects. Khanate introduced many innovations related
to court and law. This article will discuss the above in detail.
K
EYWORDS
Kokan Khanate, judiciary, crime, punishment, judge.
I
NTRODUCTION
It is known that before the founding of the Kokan
Khanate, its territory belonged to the Bukhara
Emirate. In the 16th century, the Emirate of
Bukhara faced an economic and political crisis.
During the reign of Ubaydullah Khan (1702-
1712), the central authority weakened and the
country disintegrated. In 1709, the Khodak (east
of Chust city) revolted in the Fergana Valley and
occupied a part of the valley. As a result, an
independent state is announced. Thus, in 1709,
the Khanate of Kokan was founded. In 1710,
Shahrukhbi, a great nobleman from the thousand
Uzbek clan, came to power and ruled until 1721.
M
АTЕRIАLS АND MЕTHОDS
The following positions existed in the Kokan
khanate: mingbashi, ataliq, sheikhulislam,
qazikalon, qushbegi, mekhtar, parvanachi, naqib,
dodkhoh, doorkeeper, inok, shigavul, toksoba,
mirokhor, karovulbegi and others. The positions
of Khojakalon, Naqib, Mirasad, Sadr, Sudur, Uraq
Journal
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Research Article
JUDICIARY - LEGAL SYSTEM IN THE KOKAN KHANATE
Submission Date:
November 15, 2023,
Accepted Date:
November 20, 2023,
Published Date:
November 25, 2023
Crossref doi:
https://doi.org/10.37547/ijasr-03-11-43
Ashurov Olimjon
Andijan State University History Faculty History Direction 4th Year Student, Uzbekistan
Volume 03 Issue 11-2023
265
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
11
Pages:
264-267
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
were given only to persons belonging to the
descendants of the Prophet Muhammad and the
four Caliphs.
R
ЕSULTS АND DISСUSSIОN
Shaykhulislam, Mawlawi, Qazikalon, Qazi ul-
Quzzot, Qazi Askar, Qazi Mutlaq, Qazi Rais, Mufti,
Alam, Mudarris, Imams should be such persons
who must have been educated in Muslim schools
and madrasahs. In order to receive the title of
Shaykhulislam, in addition to a document about
being knowledgeable and educated, a certain
lineage was also required. He had to be from the
family of owners. The night order in the city was
controlled by a certain number of guards
(mirshab) under the leadership of the warden,
who protected the peace and tranquility of the
Muslims and ensured the tranquility of the city.
Also, persons who were distinguished by their
moral qualities and were well versed in Sharia
laws were appointed to the position of Muhtasib,
because they had to be familiar with the religious
duties of Muslims. That is why they are also
called rais-a'lam.
The khan's income was managed by special
officials: the mirza-i daftar recorded the state of
the khan's treasury in a special notebook. Sarkor
and inoq were considered to be the custodians of
products accepted into the treasury of the
khanate. This official provided for the needs of
the khan's security guards and servants in the
palace. All the money was received by the
mekhtar or treasurer (cashier) of the khan, who
was also considered the manager of all valuables
of the khan.
Usually, the most influential and respected
individuals of the temporary ruling group
occupied good positions in the khanate.
During the life of the khanate, the priests used to
disclose all matters related to the judiciary in
solving the cases of citizens. Jurisprudence was
carried out in a certain order only on the basis of
Sharia and customs.
The military titles that existed in the Kokan
khanate were as follows: mingbashi - usually he
carried out the duties of a minister. Then a
centurion, a centurion, a centurion, a gunner, a
gunner, and others. Besides these, there were
other military positions. The soldiers and
gunners who lived in Kok were only under the
permanent control of the viceroy on special duty,
the dodkhoh. During the war, the viceroy,
dodkhoh accepted all the soldiers of the active
army into his unit, and handed over the
leadership of the army to the specially appointed
amir lashkar (commander-in-chief).
Despite the fact that some issues related to land,
water, and public service were regulated by the
decrees of the khans, the rights of land, water,
family, marriage, and inheritance were the same
in almost all khanates. The main features of
these rights are explained in the works of
scientists of our republic. But in matters of crime
and punishment, many unique methods contrary
to Sharia were used in each khanate.
Lawlessness took root in all of them, including
the Kokan khanate. Because, in the absence of
Volume 03 Issue 11-2023
266
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
11
Pages:
264-267
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
regular rules other than the Sharia, citizens were
considered slaves of the state leaders, and their
money and property were considered to belong
to the state, contrary to them. "If they find a
person guilty according to their will," wrote
Mahdum Haji about this, "they would beat him
and sentence him to severe punishment, and
take all his wealth and property to the kingdom."
Perhaps even the relatives of the sinner would
not have sinned." It can be seen from this that
three types of punishments such as torture
(corporal
punishment),
execution,
and
confiscation of property were applied at once,
and the relatives of the sinner were also
responsible. spread, the main features of
criminal law in the Uzbek khanates, including the
Ko'kan khanate, are covered in detail in
academician Kh.S. Sulaymonova's scientific
works. Several other sources also provide rich
information about this.
Crimes are divided into crimes against the state,
religion, property, person, and family. Since state
crimes are mixed with religious crimes, every
state crime is considered a religious crime. They
were sentenced to death in almost all cases.
The death penalty imposed on state criminals
was in some cases carried out in the form of
hanging. “Musulmonqul, who was accused of
rebellion against the state, was taken prisoner...
and sent to Khoqand with several government
officials, they built a throne two people high, put
Muslimqul on the throne, and imprisoned him
for several days so that he would be an example
to the people. in the end, they hanged him with
the emir of the khan.”
Corporal punishment was also used in a severe
form. For example, Shodmonqul, the head of the
Khoqand army, who fled to the White Mosque
after not being able to fight with the Russian
soldiers, was executed. Mahdum Haji describes
his performance as follows: "In the middle of the
crowd, in the middle of the crowd, women wrap
a scarf around Shodmonqul's head and put a
turban in front of him, making him feel ashamed
and embarrassed." Here you can see the
punishment for deserting the battlefield - a war
crime. Other sources also show the widespread
use of sazoy. For example, in 1813-1814, F.
Nazarov, who was in Kokan as a translator of the
Russian trade caravan, wrote down the
following: "The government strictly controls the
merchants so that they do not under-measure
and over-weigh. In front of my eyes, I saw
someone who was not measured enough and
was taken away naked in the streets with a whip.
The purpose of the punishment was to
compensate for the damage caused and to
frighten the people. The punishment was carried
out publicly in front of the assembled people
based on the principle of talionia. This is based
on the instructions of the Qur'an: "We have
commanded soul to soul, eye to eye, nose to
nose, tooth to tooth, injury." Rich people could
escape punishment by paying a fine.
A whipping once or twice was called "policy" or
intimidation by whipping. The sentence of
deprivation of liberty was served in prison. The
prison had special rooms filled with scorpions,
mites, or in some cases a scorpion tax was
imposed on the population, and when they were
Volume 03 Issue 11-2023
267
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
11
Pages:
264-267
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
collected, they were thrown on the prisoner.
Some governors used punishments against their
enemies that did not correspond to any rules and
regulations of Sharia. It is known that impale, i.e.
punishment by impalement, existed mainly in
Eastern European countries of the Middle Ages.
Among the historical sources of the state and law
of Uzbekistan, there are no sources or examples
that indicate the existence of this punishment.
However, there is evidence that some governors
used this punishment in the Koqan Khanate in
the work of Mahdum Haji: "Some governors put
a stake under the sinner and put him alive, and
the poor man was on the gallows for several
days. while suffering and giving his life."
Evidences are given that prove that even worse
punishments were given.
С
ОNСLUSIОN
In addition to these, there were punishments
such as expulsion from the place of residence in
the Kokan Khanate, conscripting a person who
committed a crime or his family members into
the Khan's army, loss of property, confiscation.
Confessions were used for the crime of theft.
According to F. Nazarov: "I saw with my own
eyes that the fingers of a man's right hand were
cut off with a sword for stealing 30 sheep, boiling
to stop the blood They dipped it in oil and let it
go. For murder, the murderer is given to the
relatives of the dead person. "They can sell it or
take food for blood," he wrote. We did not find
the case of being sold for such a crime in other
places, so this type of punishment can be
considered typical of the Kokan Khanate.
R
ЕFЕRЕNСЕS
1.
Muhammad Aziz Margilani. History of Azizi.
T., "Spirituality", 1999.
2.
Sh. Vahidov. Titles and positions in the
Kokand khanate "Star of the East", T., 1995,
No. 3,4
3.
R. Nabiyev. From the history of the Kokond
Khanate T., “Fan”, 1973.
4.
Ploskikh V. M. Kirghiz and the Kokand
Khanate. Frunze, “Ilim”, 1977.
5.
In Masalsky Russia. A complete geographical
description of our fatherland. St. Petersburg
1913.6. G. Holliyev, Kh. Gulomov. History of
Uzbekistan. T., "University", 1997.
6.
Azamat Zia. History of Uzbek statehood. T.,
East, 2000.
7.
Dzhamgerchinov B. Essays on the political
history of Kyrgyzstan in the 19th century.
Frunze, “Kyrgyzistan”, 1966.
