International Journal Of History And Political Sciences
28
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VOLUME
Vol.05 Issue06 2025
PAGE NO.
28-32
10.37547/ijhps/Volume05Issue06-06
Institutional Analysis of The Relationship Between the
Religious Elite and Political Authority in The Bukhara
Emirate Within the Framework Of
Fakhriya Abdurasulova
Faculty of History, National University of Uzbekistan, 2nd year doctoral student of the Department of History of Uzbekistan, Uzbekistan
Received:
25 April 2025;
Accepted:
21 May 2025;
Published:
23 June 2025
Abstract:
This article examines the judicial system of the Bukhara Emirate during the reign of the Manghit dynasty
(1756
–
1920) as an important component of public administration. Particular attention is paid to the structure of
the courts, the mechanisms of their functioning, as well as issues of criminal law and punishment. The role of
Sharia norms in the judicial practice of the emirate and their interaction with political reforms and socio-economic
transformations of that time are analyzed. The study emphasizes the importance of religious and legal institutions
in strengthening power and governing society.
Keywords:
Judicial system, Kazakh, chairman, Sharia, taxes, fatwas, mufti, religious figures.
Introduction:
The journey our country has taken during
the years of independence fundamental analysis of the
path of development, currently the court on
developing the independence of government reforms,
the world market situation has changed dramatically,
Ensuring the true independence of the judiciary, aimed
at increasing the legal literacy of the population The
beginning of a completely new stage is a vital necessity
President of the Republic of Uzbekistan By
Sh.M.Mirziyoyev on October 21, 2016 adopted
Resolution No. PF-
4850 “On further strengthening the
judicial system” reform, secure the rights
and freedoms
of citizens measures to strengthen protection
guarantees "On the literal independence of judges and
they only follow legal norms regarding obedience to
the law created the basis for its full realization in
practice. In addition, "Further development of the
Republic of Uzbekistan" "On the Strategy of Actions on"
and "In 2017-2021, approved by this Decree Five
priorities for the development of the Republic of
Uzbekistan The Action Strategy for the direction of
“Working
with
the
People”
regarding
the
implementation of the "Year of Dialogue and Human
Interests" The state program includes the true
independence of judges ensuring, increasing the
authority of the court, strengthening the judicial
system A number of measures were envisaged for
democratization
and
improvement.
The
implementation of the judicial system in our country
The wide-ranging reforms that have been implemented
ensure human rights and freedoms and ensure the
impartiality of the judiciary in politics. The greatness of
the state is reflected in our politics. The rule of the
Mangids in Bukhara, considered the center of the
Islamic world, covers the years 1756-1920 [2, C.450],
and the role of the court in the state system is of
particular importance in studying the history of the
statehood of the Bukhara Emirate. In the system of
state administration of the Bukhara Emirate, judicial
bodies and the practice of the qazi occupied an
important institutional place. This system, formed on
the basis of the principles of Islamic law - Sharia, served
not only as a means of adjudicating justice, but also as
a means of harmonizing religious ideology with political
power. Qazis, muftis and other religious jurists not only
conducted legal proceedings, but also emerged as an
important social group ensuring moral order and
religious discipline in society. In all spheres of life of our
society, national in socio-legal and spiritual directions
understanding our identity, studying the history of our
statehood, to research related to shedding light on the
rich scientific and creative lives of our statesmen and
International Journal Of History And Political Sciences
29
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International Journal Of History And Political Sciences (ISSN
–
2771-2222)
thinkers Great attention has been paid to it during the
years of our independence.
METHODOLOGY
The era of the Bukhara Emirate There is also a certain
amount of impartial and objective study Research is
being carried out. Russian, Western and local
researchers have conducted research in this area taking
into account historical, legal and sociological aspects. In
the fundamental work “Описание Бухарского
ханства”[3] pu
blished in 1843 by Khanykov N. V.,
judicial practice in Bukhara is analyzed in detail. The
researcher noted that the judges issued decisions not
only based on the norms of Sharia, but also on the
direct instructions of the political authorities. This
shows that, despite the religious and legal
independence of the position of judge, in practice it
was not free from the influence of political authorities.
The complex relationship between political authorities
and the religious elite in Central Asia is also thoroughly
covered in the fundamental research of A. von
Kügelgen, published in English and Russian. In
particular, his monograph “The Legitimization of the
Central Asian Mangit Dynasty in the Works of Their
Historians” ( 2004)[ 4] and the Russian edition of
this
work examine the religious-legitimistic policy of the
Mangit dynasty. The author analyzes the strategies of
the Bukhara emirs, in particular Amir Shahmurod,
aimed at strengthening their political power on
religious grounds. According to him, fatwas issued by
qazis and muftis served as an important tool not only in
religious matters, but also in legitimizing the emir's
power. Also, in the article by Klichev O. (2020) known
as “Scholarships of Emirs of Bukhara” [6], the policy of
financial support of religious scholars by the Bukhara
emirs is analyzed. This article examines the practice of
financial incentives as a means of integrating scientific
scholars into state policy. Boboyev H. and Khidirov Z. "
History of Uzbek statehood" (II book, 2009) [3]
emphasizes the reforms during the reign of Amir
Shahmurad, including changes in the judicial system. Z.
Muqimov 's historical-biographical collection "The
Owners of the Sword and the Pen " (1997) [ 10] sheds
light on the personality of Amir Shahmurad and his
activities as a reformer. This shows the extent to which
the religious elite was connected to the political system
and the extent to which religious and legal institutions
served the interests of the state. A. Kholikulov (2022 )"
Bukhara in the emirate official reception ceremonies
about separate comments ” [18] In the article we get
information about the participation of religious
representatives in official diplomatic receptions and
ceremonies, their role in political life. The judicial
system in the Bukhara emirate had the same
appearance as in other khanates in Central Asia. In
particular, judicial proceedings in the emirate were
conducted on the basis of Sharia, and included judges
and scholars. They were appointed by the emir, and the
judicial activity was supervised by the qazi kalon [9,
C.27]. In studying the history of statehood of the
Bukhara emirate, it is important to study in detail its
judicial system, procedure, and issues related to crime
and punishment. The judicial system in the Bukhara
emirate had the same appearance as in other khanates
in Central Asia. Judicial proceedings in the Bukhara
emirate were conducted on the basis of Sharia, and
consisted of judges and scholars. Each of them was
appointed by the emir, and the judicial activity was
supervised by the qazi kalon [9, C.27]. Although the
judicial system was in the hands of the state
administrative apparatus, it was under the control of
the scholars of jurisprudence. The fact that religious
scholars controlled the judicial activity in the state
shows how important they were in state governance.
There was a court of justice in the emirate, headed by
a qazi ul-quzzat. Mirzas and officials worked in it [19,
C.58]. Qazi ul-quzzat, in turn, was the chief judge of the
city of Bukhara. Mirzas were the administrators of the
court of justice, and officials were engaged in activities
such as conducting inquiries [19, C.58]. Devani ulama
was an office that supported and advised the qazi's
activities. Muftis and scholars worked in this office.
According to Trikhnavis sources, a council of 12 muftis
functioned in this office [ 16, C. 17]. Local qazi office -
in all bekliks, these offices were headed by qazis
appointed directly by the emir. Muftis and officials also
served in this office. Unlike the qazi court, officials in
the local qazi office ensured the execution of qazis'
rulings and decisions. [19, C.59]. Qazis operated
independently of local governors and to a certain
extent exercised control over the activities of the
governorship [16, C.173]. Qazi askar was a judge
directly subordinate to the qazi court, who tried
military crimes committed by military personnel in
service, during battles or other conflicts. Some sources
also say that such cases were resolved by the naqib.
[15, C.140]. A number of rulers of the Bukhara emirate
implemented reforms in the judicial sphere, one of
which was Amir Shahmurad. As a ruler, the first emir of
the Uzbek Mang'it dynasty in Bukhara, known in history
as Amir Shahmurad, was Amir Ma'sum al-Ma'ruf, Ibn
Daniyalbiy's paternal uncle Shahmuradbiy (1785-1800)
[9,C.131]. Since Amir Shahmurad came to the throne at
a time when the movement of the people oppressed by
taxes was intensifying, he began his first reform by
regulating taxes. He issued a tarkhan to the entire
population of Bukhara and managed to abolish a
number of taxes, such as yorg'u, buz, tarkh, tushmol,
yasak, which were introduced by previous rulers and
did not comply with the Sharia. Amir Shahmurad's
International Journal Of History And Political Sciences
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International Journal Of History And Political Sciences (ISSN
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2771-2222)
comprehensive ingenuity, rational governance of the
state, the rule of law obedience to them, and
knowledge and enlightenment Considering his qualities
as a supporter of science, historians have attributed
him He was described as a supporter of enlightenment.
Shahmurod was a statesman. The influence of Sufism is
very strong in its formation as He was a disciple of
Sheikh Safar, and this is especially important. He
respected the scholars. established their teachings. The
historian Mulla Alim Makhdum Haji in his work “History
of Turkestan” describes “Shakhmuradb
iy as a Sufi, a
follower of the path of approaching God (dohuli leuk)
and a progressive, a propagator of the prophet’s law,
whose food was halal in his profession [ 8,C. 110], - as
a characteristic. One of the Russian scholars, N. P.
Ostroumov, also highly evaluates the activities of
Shahmuradbiy: “He received from the treasury only as
much as was paid for his services according to the
Sharia, which was forty kopecks a day in Russian money
of that time [12, C.17 ]. One of the first rulers of the
Ma'sum Mang'it dynasty, Daniyalbiy, was the eldest of
the 12 sons of the family, and although the chief judge
advised him to deprive him of power, he was appointed
heir to the throne of Bukhara and ascended the throne
as emir in 1785 after the death of his father [7, C.62].
Some of Shah Murad's reforms are presented in the
work "Majma al-arqam" (On Figures and Rukhums,
Politics) written by Mirza Bodi Devon in 1789. At the
beginning of his reign, Shah Murad paid special
attention to strict adherence to the rules of Sharia. In
addition, he restored the service of the muhtasib-rais,
which we saw earlier, that is, measures related to the
violation of justice in the markets, observance of moral
norms in the streets. Among the reforming rulers, his
reform of the judicial system is especially noteworthy.
There is a paragraph about this in the book “History of
Uzbekistan”: “Every Muslim, even a slave, was given
the right to come to the judge with his complaint and
hold his master accountable if he did something illegal”
[20, C.688]. The introduction of such a rule was a big
step not only for the Bukhara Emirate of that time, but
also for the positive development of justice in the
Turkestan states. According to sources, Shahmurod
himself directly supervised the work of the judicial
panel in the emirate. A special set of judicial laws was
developed to conduct judicial proceedings, and all
regional, district, beklik, and judges worked on the
basis of this set of laws [7, C.288]. In general, the
reforms carried out by Amir Shahmurod served to
strengthen the central government in the country and
ensure its rise. The Bukhara Emirate had a special
importance in the judicial system. At the top of all
courts stood the supreme judge-qazikalon. Since the
time of Emir Muzaffar, all legal norms in the emirate
were resolved by qazis. All civil, economic and criminal
cases were considered on the basis of the Quran and
punishments were imposed. Qazis were appointed by
qazikalon at the will of the emir. Sharia administration
was in the hands of qazis. Qazikalon was the chief qazi
of the capital of the emirate, as well as the head of the
chief qazis in the state [9, C.288 ] . The following main
requirements were set for a qazi in the Bukhara
emirate: to be a Muslim male, free, of legal age,
married, without physical disabilities, to have perfect
knowledge of jurisprudence, to have life experience, to
know the Arabic language and not to be a notorious
citizen. According to Sadriddin Ayni, only graduates of
19 years of education in Bukhara madrasas could meet
such requirements [1, C.138-141]. In cases of necessity,
the qazi appointed one or more deputies from among
citizens who met the requirements for the qazi.
Women were not appointed to the position of qazi. The
qazi had the right to impose penalties such as fines,
imprisonment, and beatings on a specific case, and the
issue of imposing the death penalty or pardoning
persons who committed serious crimes (murder,
assault, robbery) was decided directly by the emir.
Although the death sentence was drawn up by the qazi,
the emir only confirmed or rejected it [24, C.62].
RESULTS
One of the important aspects observed in the judicial
system of the Bukhara Emirate is that legal proceedings
were usually carried out on a fee- based basis, with
judges considering each claim for a fixed fee. Although
court sessions were often held in public places, in
particular mosques, judges sometimes conducted
cases in their own homes. This situation was especially
convenient for analyzing claims and negotiating
between the parties. [6, C.77 ] In the Bukhara Emirate
state system, the practice of citizens addressing the
head of state was formed on a traditional legal basis,
and it played an important role as a means of
communication between the administration and
society. The procedure for receiving applications and
complaints was strictly planned and was carried out
twice a week on specially designated days. Applications
were submitted in two main forms: the first was the
procedure for submitting public applications, during
which public receptions were organized for citizens in
the palace. These receptions were announced to the
public several hours in advance, which allowed all social
strata to address the head of state. The second form
provided for the possibility of direct individual appeal,
in which the claimants had the right to directly address
the emir with personal complaints or suggestions while
he was leaving the palace [18, C.24]. In the
administrative system of the Bukhara emirate, the
process of considering applications and appeals was
carried out on the basis of a certain formal and
International Journal Of History And Political Sciences
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International Journal Of History And Political Sciences (ISSN
–
2771-2222)
ceremonial procedure. The emir usually considered
applications and complaints from citizens personally in
the central area of the Ark Palace - inside the Bukhara
Ark . In some cases, this process was carried out during
public gatherings in front of the palace minaret [6,
C.32]. It is known from history that the teachings of
proof in Islamic law were analyzed in a comparative
manner and studied in detail. In the Bukhara emirate,
the following were considered the main forms of proof:
1) admission of guilt; 2) witness testimony; 3) oath; 4)
written evidence [2, C.205]. A witness was required to
give his testimony based only on what he knew or saw.
Telling what he heard from someone else during the
trial was not legally recognized as “testimony” [10, C.63
]. In the Bukhara emirate, there were strict regulatory
restrictions on the institution of testimony in the
conduct of legal proceedings. In particular, the
following categories of persons were deprived of the
right to participate in court sessions as witnesses:
minors, persons in slavery, non-Muslims ( non-
Muslims), known as slanderers or instigators, persons
convicted of perjury, those who abused oaths
(swearers), criminals who had previously been
punished, and persons who had close family ties with
the defendant. [10, C.105 ] . The implementation of
speedy judicial proceedings was considered the most
correct sign of the court. Those dissatisfied with the
decision of the judge had the right to file a new
application with the qazikalon or the emir. The
qazikalon could overturn the verdict issued by the qazi,
and only the emir could overturn the decision issued by
the qazi [19, C.202 The judicial system of the Bukhara
emirate was distinguished by the use of harsher
punitive measures than those of other Muslim states of
its time. In particular, individuals who committed theft
and other serious crimes were publicly thrown from a
minaret, and another form of punishment was the
practice of throwing criminals into prison or prison
camps. This penal system, based on the norms of
Sharia, reflects an uncompromising attitude towards
crime and a strict approach to maintaining social
order.[20, C.98].
CONCLUSION
During the reign of the Mangid dynasty, the Bukhara
Emirate experienced significant improvements in socio-
economic and cultural life, especially during the reign
of Emir Shah Murad, the consistent formation and
strengthening of state administration was one of the
important historical stages. This period left a significant
mark on the development of statehood principles
through the formation of the judiciary and its current
activities. Today, the analysis of these experiences is of
significant scientific and practical importance in efforts
to establish a modern independent judicial system
based on historical heritage. Therefore, the study of
historical judicial institutions is becoming not only a
matter of scientific interest for young researchers, but
also an urgent task.
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