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ON THE ACTIVITIES OF QAZIKHANAS IN THE BUKHARA EMIRATE
AND THEIR SPECIFIC FEATURES
Shirinov Sardor Avazovich
Doctoral student of Karshi State University
https://doi.org/10.5281/zenodo.14862470
Annotation:
This scientific article briefly describes the significant reforms
carried out in the Bukhara Emirate during the reign of Amir Shahmurod (1785-
1800). In particular, it provides a brief overview of the fundamental changes in
the judicial system.
Among the Uzbek khanates, the most religious inclination was observed in
the Bukhara state, where each ruler tried to protect his position and security
through religious authority. Therefore, the clergy had their place in state policy,
and the rulers were forced to carry out reforms for their benefit. Religious
authority and its influence were not only not enough, but each ruler also used
religion and religious authority to ensure his position and personal security. In
this situation, the clergy occupied an important place in state policy. They
actively participated in state affairs and reforms, as well as in legal issues based
on the rules of Sharia, and played an important role in their implementation.
Sharia was considered a set of rules that determined the behavior of a
Muslim from birth to death. In early Islam, the legal management of society was
carried out on the basis of the Quran. Later, a need arose for a set of laws
covering all socio-economic, political-legal and religious activities of Muslims.
Islamic jurists developed Sharia standards over several centuries .
In general, qazikhanas are historically significant social, economic and
political institutions that played an important role in solving various problems
and preserving the rights and freedoms of people. The main task of qazikhanas
was usually to resolve disputes and compromises, protect human rights and
make fair decisions. Researcher A. Kandaharov, in his comment on the state
administration bodies of the Shaybani era, states that the central government
bodies of the state were organized by divans, and the judicial system was
organized by qazi courts. With the establishment of the Shaybani dynasty in
Movarounnahr, the changes that occurred in state administration and social life
began the next stage of state development. The ruler of the state, Muhammad
Shaybani Khan, was one of the most knowledgeable people of his time in Sharia
law, so he paid special attention to solving legislative and legal issues .
During the reign of Amir Shahmurod (1785-1800), the reforms carried out
in the Bukhara Emirate were of great importance. In particular, he radically
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changed the judicial system. One of the reforms carried out by Shahmurod was
that every Muslim, even a slave, had the right to appeal to a judge. This was a
step aimed at ensuring the legal protection of citizens in a unique way. Legal
mechanisms were also developed to protect the emir's subjects (large and small)
with the help of current laws and court decisions.
During his reign, Amir Shahmurod carried out social and economic reforms,
including land, administrative and tax reforms. These reforms helped to adapt
the state administration to the requirements of world civilization. The rulings
aimed at strengthening the social system and protecting human rights,
especially in the implementation of the judicial system, strengthened legislation
and legal relations, since they were based on the rules of Sharia. The most
important aspect of Amir Shahmurod's judicial and legal reforms is that he
organized a new judicial system in Bukhara. In this system, town, district,
regional judges and the chief judge, as well as forty-a-lam courts, worked.
Decisions made by the judge during the trial were reviewed, especially based on
complaints from the opposing party. Determining the role of the chief judge and
the emir and reviewing the procedure for their work was an important step.
Thus, it is clear that in the Bukhara Khanate (Emirate) the qazikhana was a
special institution in which qazis (judges) made decisions. Their task was to
issue decisions on the cases under discussion, and qazikhanas functioned as
state institutions. They worked on binding and often normative legal letters to
ensure justice. Of course, the task of ensuring that judges adhere to ethical and
legal standards, and that the features of state policy prevail in the socio-
economic environment, prevailed in the activities of courthouses.
In the research works of T. Khudoykulov, based on a number of scientific
literature on this topic, he analyzed the following points . In particular: In
addition to the activities of the courts, a supreme court chamber consisting of
forty alams was also established. Its members took into their hands the
collection compiled by Shahmurad himself on the basis of Sharia law and acted
in accordance with it when resolving complaints and appeals. When a case was
heard in the Supreme Court, the emir himself was the head. Therefore, this
organization can be called the supreme court of the emir. In addition, the
plaintiff was required to personally participate in the hearing of the case in
court. The appointment of judges to districts and larger villages (towns) was
also one of the innovations he introduced. Thus, during the reign of Amir
Shahmurad, a new judicial system was established in the Bukhara Emirate:
town, district, regional judges, the Chief Qadi and the forty alam court, and the
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highest judge was the emir himself. The collection of rules compiled by
Shahmurad on the basis of Sharia law is noteworthy, as collections of rules
compiled by the heads of state are rare . An important aspect of the judicial and
legal reforms carried out by Amir Shahmurod is that by this time, a party
dissatisfied with a judge's ruling had the right to appeal to the judge or the emir .
Thus, scientific analysis shows that in the Uzbek khanates, those who were
dissatisfied with the decisions made by the judges appealed to the qazikalon.
The judges did not have a strictly defined territorial unit. Each plaintiff appealed
to the judge he trusted. The qazi offered the parties to come to an agreement
before the start of the court session. If this offer was rejected, the qazi
administered an oath to them, listened to the parties' petitions and the
testimony of witnesses, then issued a decision, which was immediately
implemented by the local authorities.
These reforms, in turn, had a significant impact on the reform of the judicial
system in other khanates. Investigations were carried out on complaints written
to the qazikalon or the emir, and if the decision made by the qazi caused
dissatisfaction, it could be canceled. The most important feature of these
processes is that the work of judicial bodies was based on Sharia law, and the
decisions were introduced into state practice. This, in turn, meant the
strengthening of the system aimed at ensuring law and justice.
In conclusion, the judicial system in the khanates has always been an
important area of attention. The activities of the qazikhans and their specific
features have an important social, legal and economic content, they are one of
the main elements of the legal system in the country. The role of the qazikhans
in ensuring justice, their independence and the procedure for their work are
based on high moral and legal norms and make a great contribution to social
development. The system was managed by the qazikolon according to a
specialized procedure. He performed the function of a court of higher instance
over the lower qazis, that is, as in the Eastern Islamic states, the khans, who
were the heads of state, exercised judicial control over the judicial system as the
father of the nation and the people. The qazikolon personally participated in the
issuance, approval and public announcement of fatwas submitted by the lower
qazis on extremely important or problematic cases.
References:
1. Normurodova G. The role of scholars in the socio-political life of the Bukhara
Emirate. International Turkic World Studies Symposium. Samarkand. 12 - 16
October 2018. – P.34.
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
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2. Abulabbos Muhammad Talib ibn Tajiddin Hasanhoja al-Husayniy as-Siddiq.
Matlab ut-talibin. Translation into Uzbek, preface and comments by Ghulom
Karimiy, Erkin Mirkomilov. – Tashkent.: 2016. – P. 10.
3. Tavorikhi guzida – Nusrat-name. Research, critical text, annotated table of
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338;
4. Mirzabekov B. Historical portrait of the rulers of Shayoni. Doctor of
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5. Fazlulloh ibn Ruzbekhan, Guest Book of Bukhara, Institute of Oriental Studies
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