of al-Farabi Kazakh National university,
In the history of steppe civilizations the
big state formation set up by nomads in early XIII century got to the world
prominence and spread its influence on other states and societies. During the
formation of single Mongol ulus (people) with the aim to strengthen the state
was adopted the modified code of legal practices of nomads with the amendments
by the demands of the Mongol community “Great Yassa”. The name “great” implied
that it was compulsory for all Mongols. In this point, the common Yassa was
superior to the local/tribal legal practices. Yassa in Mongol means “yassak” or
establishment, enactment, or law. Gengizkhan as the collection of laws and
legal practices adopted Yassa for Mongols. Rashid-ad-Din informed that for
adoption of that law was convened a kurultai in 1206 [1]. The law was adopted
after victory of Gengizkhan over Kereits, Naimans and Merkits. The law taken at Great kurultai opened the
way to strengthening the power of Gengizkhan.
In 1218,
at the kurultai with the objective to arrange a campaign to Turkestan were
introduced some amendments. In 1225 was adopted with amendments “Great Yassa”
again. But unfortunately the original version of Great Yassa was not preserved,
and its fragments are found in the works of Arabic and Persian historians.
Almost complete version of Great Yassa was found in the chronicle of the
Persian chronicle recorder Ala ad-Din-Ata Malik Juveini “Tariq –I-
Jakhangushai”, in translation it sounds -
“History of Jakhangushai” or “History of the world conqueror” [2]. Other
authors – al-Omari, al-Markizi, Mirhond approved the facts given in the works
of Juveini. On one side, the “Yassa” research of Juveini is big, no doubt. By
Juveini, the Yassa in Mongol language was preserved in Uigur inscriptions on
tumars (protective talismans). The talismans were distributed to prominent
noble people, experts of Yassa and members of the khan dynasty. In translation
of the Russian orientalist V.Minorsky, the chapter from Juveini work on Yassa,
was used by Vernadsky G. in his research as an appendix[3]. Qalmyk researcher
E.Kara-Davan in his work dedicated to the history of Gengizkhan used the data
from Yassa, as well as from a-Markizi, Mirkhond, ibn-Batuta, etc[4].
There are
many different opinions among the historians (Kazakh, Russian, Qalmyk, Tatar,
Chinese, Mongol) on the articles of Yassa. A prominent researcher from
Kazakhstan, Zardykhan Kinayat-uly in his work “Kazakh state and Joshy khan”
made a comprehensive analysis of Yassa. Here we dwell on the opinions of the
Chinese and Mongol scholars [5]. The Chinese researcher Li Zu Fin divides Yassa
in 8 chapters, and meticulously revises each chapter. Historian B.Saishal after
critical assessment of Yassa, came to conclusion that it consists of 6 parts,
and the content of article 54 was decoded in full by him[8].
Zardykhan Kinayat uly wrote that Yassa was not a new phenomenon during
the Mongol times, and major elements of the legal code were inherited from
Turkic, Tungus, pre-Mongol times state formations political legacy. That
opinion of Kinayat -uly is taken by most of modern day researches.
Development of social relations, state building are followed by legal
culture evolution. The strength of Gengizkhan law was that despite all
historical changes, its basic elements remained intact and cemented any state
ever built in Eurasia.
Thus, the Mongol empire was based on Yassa as a legal fundamental. The
strength of Yassa was in the fact that
successors to Gengizkhan despite the long distances separating them had to subdue
to it. The content of Yassa: international law, state and administrative law,
criminal and trade laws, procedural- the rights and duties of the judge, as the
pillar of the law. The solidity of the laws adherence among Gengizkhan
successors was supported by the words of Rashid-ad-Din who provided some pieces
in his works: ”The customs (uisun) left by Gengizkhan and laws (yassak) must be
strictly observed, not changing them, then the Heaven would support their
people, they would always live in happiness and joy”. The following extract
supports the previous statement on the need to observe the law: “If the state formed after us, their
leaders, sons, great people, military commanders and emirs would not follow the
laws, then state affairs would be undermined, destroyed, they would search for
Gengizkhan, but would never find”[6].
If even the successor to Gengizkhan had to strictly follow Yassa, then for ordinary citizens observance of the law was compulsory. That generated many difficulties. Yassa was based on the nomadic lifestyle, and the sedentary population of Turkestan, Persian lands whose life practices were different could not easily adapt to legal requirements of Yassa, as it did not cover their life specifics. Contradictions over Ysasa interpretations and implementation between local rulers and Gengizkhan successors caused many conflict situations. The ruling khan Chagatai was very persistent in introducing Yassa in Turkestan, and Juveini described that in the following way: “He frightened the subject peoples by Yassa, as its non-observance was punishable by his army, that always was ready to do that at first order; any woman with a plate full of gold could walk without fear. He took some small decrees, but they were hard for Muslims to observe it. For instance, it not permitted to slay a sheep openly in Horassan. He forced them to eat meat of the dead animal (cattle)”[7].
Yassa was very strict legal code. Any wrong act was interpreted as a
crime, and strictly persecuted. Despite that the western part of the Mongol
empire adopted the Muslim culture, and gradually yassa establishments were not
followed strictly. That was written by Hamdallah Kazvini. By Yassa it was
prohibited for Mongols to live in urban areas, but descendants of Chagatai and Jochi
soon forgot about those bans.
It is not clear how long Yassa establishments worked in Mongol lands. In
the state in Mawerennahr set up by Timur and his successors “tore” in Turkic
language was interpreted as the law of Gengizkhan. In Syria and Khorezm, Timur
and his descendants were accused in putting “tore” above Sharia, and people
under his control were not viewed Muslims. During the rule of Timur’s son
Shahruh (1409-1447) was adopted a decree to follow only Sharia and annul
‘Bilik” of Gengizkhan and his legal practices. But son of Shahruh, Ulugbeg
viewed that it was correct to observe all laws of Gengizkhan. The last Timurid,
Babur, wrote: “Our ancestors implicitly obeyed the laws of Gengizkhan. At the
kurulai, parties and feasts, before taking a meal, or any acts, I did nothing
against “tore”. All people by the decrees of Gengizkhan must follow the words
of God. Whoever it is to leave those valuable words/laws, must be not
forgotten. If your father left a good law, its must be observed. If he left a
bad law, it must be replaced by a good one”[8]. In XV-XVI centuries in Mogolistan basic articles of Yassa were
still in force. Eastern Desht-I-Kipshak Kypshaks followed Yassa in settlement
of complex problems. As the th descendants of Gengizkhan ruled the lands for a
long time, then Yassa was seen as the supreme law. But it is wrong to state
that all the territories of former Gengizkhan Empire observed Yassa.
References:
1.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.
2.
Abuseitova
M., Baranova Y. Written sources on history and culture of Kazakhstan and
Central Asia in XIII-XVIII centuries. Almaty, 2001, pp.19-25.
3.
Abuseitova
M., Baranova Y. Written sources on history and culture of Kazakhstan and Central
Asia in XIII-XVIII centuries. Almaty, 2001, pp.19-25.
4.
Erenzhen
Khara-Davan. Gengizkhan as a warlord and his legacy. Almaty, 1992, pp. 183-185.
5.
Kinayat-uly
Zardykhan. Kazakh state and Jochi-khan. Astana, 2004, 249 pages.
6.
Kinayat-uly
Zardykhan. Kazakh state and Jochi-khan. Astana, 2004, 249 pages.
7.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.
8.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.