Talantov Ernur

student of al-Farabi National University

Jety Jargy and family legal code of Kazakhs

Other issues under Jety Jargy referred to family and marriage sphere, and originated from the early times traditions. Father was the head of the family, the owner of his children, master for his wives, servants, cattle, pasturelands and sites (winter and summer). No decisions were taken without his permit. The family related articles also stipulated the marriage strategies- count 7 generations to make marriage policy to form a family: within 7 generations people were viewed relatives. No permit is given for marriages with foreigners. Therefore, every Kazakh was obliged to know 7 generations history – genealogy- zhezhire. The one who could not name 7 ancestors was believed to be without roots.

Russian researcher N.Grodekov wrote, that every Kazakh knows his genealogy that was supported by Tauke khan’s legal code that was seen as one of the pillars of social system and its stability. Peace between relatives was equivalent to juz solidarity and strengthening of the basis of the state, in understanding of Tauke khan.

The significance of tribal system is visible I big events taken place in Kazakh social history. For example, it was observed during marriages and wedding ceremonies, funeral commemorations, property division, etc. when relative supported each other. In the soviet times, as well as presently, do serious events are arranged without relatives participation and support. Although within times the traditions changed, part of them is still observed.

Family and marriage related traditions of Kazakhs are very complex. For example, the seeking a marriage partner for son, marriage contract negotiations, etc., rites and rituals of girls marriage and wedding ceremonies arrangement, parties on a child’s birth (shildekhana), ages transitions cycle ceremonies (12 year cycle- mushel, zhasqa toly), funeral commemorations, and other events were followed by traditions coming from early times.

Jety Jargy also stipulated the cases settlement as revenge/vendetta, material compensation for crime (and even murder). Although Jety Jargy dose not disclose the notion of what is crime, and names a criminal as the one who was sinful. It is impossible to eradicate crime at all in any country or society, but it is possible to create barriers on the way of making crime by someone. Jety Jargy put revenge/vendetta at first place in the list of crimes, and viewed it in equivalent manner- blood for blood (tit-for-tat principle), life for life. Sometime the one condemned to death by the decision of the council of judges (biis) could save his life by a ransom or material compensation. That article demonstrates historically progressive significance of the Kazakh legal code. The payment is taken from the criminal or member of his tribe. Principle of revenge prevented keeping the state integral. Russian researcher Balluzek wrote that: “The original historical narratives of Kyrgyzes, revenge lasted for centuries, and was transmitted from one generation to another. Then they understood that it was harmful for all the community/tribe”. In the nomadic community, with the advent of Islamic practices, material compensation for the crime was introduced. In the legal codes of Kassym khan and Yessim khan, compensation was mentioned, but not interpreted in full manner. While in the laws of Tauke khan, revenge was interpreted as a big damage for the community and was replaced by material compensation. Emergence of compensation, principles of its type and size were caused by subjective reasons. As other members of the tribe were responsible for someone’s crime, it was better to pay for the crime, and release them from the fear of being killed. The tribe paid for the crime certain amount of cattle agreed under Jety Jargy by judges, as it was reported by Levshin. Information of material compensation practices can be found in the works of I.Georg and N.Rychkov. By Georg: “if someone killed another man, he will be sentenced to death for that crime, or released if compensated for the death to the relatives of the victim. For the murder the compensation is 100 horses, 2 camels, and 1 slave. Instead of horse he can give 5 sheep. For the murder of a woman, the compensation is twice less than for a man’s murder. For the physical injury or trauma to the genitals of a man or a woman, the punishment is very serious. For theft - 9 times more.

The historical foundations of the Kazakh legal practices are customs, Sharia norms and legal codes of the some rulers, like khan decrees, but they could not cover the variety of legal cases happening among the people in steppe. Customary legal systems of Kazakhs were created within the long historical process, condensed within the nomadic life style, and were flexible and gradually evolved. The institute of judges (biis) in Kazakh society as responsible for following and timely reaction to the changes and challenges, as well for the maintenance of traditional legal culture and practices. They were practitioners, theoreticians, and interpreters, presided over the legal trials, took decisions, negotiated in disputes whatever they were, criticized and took the final actions. Thus, the steppe legal practices were naturally formed within the normal course of life and developed in content and structurally by people and law might regulate their vision of how.

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. Materials on Kazakh customary law. Almaty, 1996, 208 pages.