The direct path of Kassym khan and Jety
Jargy of Tauke khan
of al-Farabi Kazakh National university,
of al-Farabi Kazakh National university,
Almaty, Republic of Kazakhstan
The nomadic states were interested in codification of their legal establishments, and Gengizkhan timely reacted to that, and although within time the situations changed, in general Yassa addressed most of the problems on the way. Further on Kazakhs adopted the Laws of Kassym-khan (The direct path of Kassym khan), Legal Code of Hak-Nazar khan (Just path of Hak Nazar khan), the legal code of Yessim khan and Jety Jargy of Tauke khan. In 1640 Oirtas adoped “Tsaadjin bichikte”- legal code of Jungars. There is much in common between them as they all are based on the Mongol legal practices, and represent the stage by stage evolutionary changes.
Jety Jargy as the codified legal code of Kazakhs was one such evolutionary samples. By the content the Jety Jargy is reflective on specific Kazakh life style; secondly, is based on the previous legal codes, like the one created during the rule of Kassym khan (1511-1523), when Kazakh khanate for the first time came to be known internationally. The first contacts with the Muscovy occurred right at that time. That period was characterized by strengthening of military-democratic structure. Kassym khan unified millions of people under one banner in one country, and governed them. Unwritten legal code, preserved in the folk memory played very important role in state governance.
The basic provisions of the law of Kassym khan are as follows:
1. Property law – on cattle, private property, land disputes
2. Criminal law - murder, attacks/raids on population, cattle stealing and their punishment
3. Military law- army formation, military duties of the common folk, ransom, penalties for losses in the military campaigns
4. diplomatic rules – orator skills, politeness and etiquette in international affairs, tactfulness, etc.
5. Law of the public – distribution of food, cattle to the public, rules of the commemoration arrangement, organization of festivities, duties and rule of conduct during the holidays and celebrations.
After Kassym khan legal code was adopted the code of Yessim khan, complied by the youngest out all khan ever in power in Kazakh steppe. The reason why it was called “old law” is that all the legal practices originate from the ancient customs.
Tauke khan introduced considerable changes in the previous legal codes. Especially was modified the third part of Jety Jargy. The laws of khan Tauke were based on traditional practices, but were innovated to meet the time challenges and digest the traditions of the tribes that within time became part of the Kazakh khanate. Jety Jargy is the most famous legal code that was in force until mid XI century in the Kazakh steppe. There is no common opinion on the time when and under what circumstances it was adopted. Some researchers consider that it was in late XVII century, others – to early XVIII century. The reason is that in the first half of XVII century the Kazakh khanate unified all lands and to strengthen the state, the leaders needed real deeds. At that time most of eastern part of the state lived under the Sharia law. Social-economic and political situation degraded, therefore the leaders were to take urgent measures to consolidate the country through unification of legal practices. One more reason for Jety Jargy adoption is the external threat – the Jungar invasions intensified. The Jungars by that time had adopted their legal code that helped to strengthen the people from within. Thus, Kazakhs had to take urgent steps to confront the external threat. Thirdly, until XVII century most of legal practices grew outdated and new realities were to be reacted properly. We keep to the origin of Jety Jargy as of late XVII century, and support our proposition by the evidences provided by the tribal chief of Jappas tribe Kobek Shukualiev, that he gave to the Russian researcher G. Spassky: “Ancient tribes of Kyrgyzes (as they were called by the Russian, in fact – Kazakhs) proclaimed Tauke sultan as their khan, at that time three branches of Kyrgyzes (Great, Middle and Minor juzes) sent their judges (biis) to negotiate and they came to conclusion that they would stop fighting and quarreling with each other and adopt a common law”[1].
The rules of Jety Jargy became integral part
of the Kazakh everyday life, and its unwritten articles were transmitted orally
from one generation to another. The fragments of Jety Jargy were complied by
the members of the Russian research expeditions and officials of the colonial
administration. That is their contribution to the preservation of the legal
code of Kazakhs. Jety Jargy and some other legal practices of Kazakhs were also
complied by A.I.Levshin, N.N.Grodekov, D.Samokvasov, L.A.Slovokhotov,
G.Spassky, Y.I.Gurland. The most
valuable collection was made by findings of G.Spassky, Y.Gurland, A.Levshin,
P.Makovetsky, L.Balluzek[2].
It is known that there are two original versions of
Jety Jargy. The first one in 1804 was complied by G.Spassky form the words of
tribal chief of Jappas tribe Shukualiev. In 1820 “Herald of Siberia” published
notes of G.Spassky on Jety Jargy consisting of 11 fragments. Spassky also
described the everyday life of Kazakhs from the results of his expedition in
1806. The second version was given in the works of A.Levshin. Lawyer Nuraly
Oserov critically assessed Jety Jargy, collected all available resources on
that legal code, and divided it into several chapters:
1.
State
integrity
2.
Body
cleanliness
3.
Religion
4.
Family unity
5.
Crime and punishment
6.
Human rights
and private property
7.
Order of
governance
Thus, Jety Jargy consists of 7 main parts
divided into 34 articles. The analysis of the legal code proves that it served
the material and political interests of the people in power and as a mediator
between those in power, and the common folk. Since the creation of state, the
land disputes (zher dau) were extremely important for all members of the
community. By Jety Jargy land issues were considered as part of the tribal
property sphere. Therefore, any member of the tribe could have right for the
pasturelands, winter and summer sites. In that way the conflicts over lands
were prevented or regulated.
1. Materials on Kazakh customary law. Almaty, 1996, 208 pages.
2. Materials on Kazakh customary law. Almaty, 1996, 208 pages.