Право/ 1.История государства и права.

Eurasian National University of L. Gumilyov

Associate Professor, Department of Theory and History of State and Law, constitutional law, Candidate of Law Saktaganova I.S.,

magistrate of law Saktaganova G.S.

Social and ideological prerequisites of formation of state-legal views of M.Kh.Dulati

In the spacious Central Asian region, including the territory of Mogulistan, the states which have reached political independence in a course of competition, keeping the features, in that era together developed. Despite the socio-political situation, not ceasing dynasty revolutions, without looking at that the states settled down in various corners of the region, all of them quickly developed. Versatile prosperity of the Central Asian countries stimulated activity of ideological movements.

Traditionally (even during sharp political conflicts) the religion, culture and science were patronized by east emirs. They turned into tradition without fail to attract in the environment of wise men, outstanding scientists, talented poets and composers, etc. Support of a ruling dynasty was very necessary for spiritual prosperity of medieval society. It is known that irrespective of the purpose of development and the sphere which it covers, all advantage and honor anyway will be received by a ruling clique, and it will strengthen positions of the governor. And assistance to ideological development of governors and emirs is connected with development of the numerous cities and city culture on the basis of a raising of local economy. The sovereign people of this region had an opportunity to use the funds spent for replenishment of the central treasury, for needs of agricultural and cultural spheres.

The support which will create feature of this era and the personal ideological directions will be constructed: east philosophy, Islamic theology and essence of Sufism. Despite specific features, these three ideological riches pursue one aim: research of Islam, Sufism, the nature of science and social reality as knowledge methods. For this purpose it is necessary to carry out comparison between them, without being limited to the description of conditions of education, formation and prosperity of everyone.

The intellectuals of that era always steadily adhered to the principle "truth the disgrace, science - ignorance" surpasses. In this case, according to Dulati, it is possible to address to words of the emirs acquitting scientists before sultans. "He very much respected scientists. Therefore sultans of that time were against its actions. The answer of the khan it was is as follows: "In nature of each mankind there are qualities of respect and pride. Actually, this group won't be compared with wise men. It becomes for rendering considerable respect to them for the sake of science. For them my respect is a respect for science. Will blame me for it inappropriate. For us the conceit pride is a boasting before science. Pride to science is understood as ignorance", - so M.Kh.Dulati wrote about respect for science. In the solution of the conflicts between scientists and dominating the last support science.

At this moment, at the same time there are two opinions in definition of the nature of science and a social role. Therefore scientists and scientists share on two groups. The first is connected with consideration of the main decisive problems in process of strengthening by Islam of the positions in society and summing up. Islam didn't let out from the hands questions concerning a structure of the world, a place of the person in it, the major values and value of life. Knowledge of God, as well as the most important of religion: destiny of the person, shower and spirit, life and death – it was considered in formulations of Allah and the prophet and it is connected with finding of the decision only from them. To seize it, preparation is necessary. "And a condition of continuation of his (Mohammed) of a way the knowledge of rules is. It is impossible without receiving religious knowledge. There is a need to have communications with scientists", - shows M.Kh.Dulati [1, 251p.]. As the Muslim science (theology) can't meet all social requirements when its opportunities are limited, far-sighted scientists carry out this function.

According to opinion of the second group, at this time only arising areas of science and knowledge collect personal, rather narrow, simple, ordinary data. In science there is no sacred mission. It only instrument for ensuring of existence. "Therefore it is worth steering clear of the scientists using science as subsistence and achievements of high level. If there is no devout wise man, from hopelessness it is necessary to use scientists for achievement of the purpose. And those who operates by means of spells, everything takes that in hand will get, costs defend" [1, 251p.]. It, first of all, means that the learning and education is the qualities inherent only in the elite and which will undoubtedly result in mercy. Despite it, secondly, everything testifies to that already at that time the science becomes means of an earning on life. Even considering that the science wasn't included in consciousness of broad masses, the majority of educated people already began treat it as a separate sort of occupation. Scientific activity for city dwellers became a choice of authoritative life. Since then the scientist stopped being a mystical figure and was perceived as the expert.

Certainly, science and the first scientists relied on features of straight lines or the indirect relations on the basis of methods and ways of studying of environment. In summing up results presentation, which is an arrangement of object of studying directly before the researcher is necessary. On the basis of this definition it is possible to notice that concepts of science and knowledge of that time revealed as environment of daily existence. For example, in the works of M.Kh.Dulati the science is understood how is the weather, lands, fauna and plants, crossing of roads, borders of regions, crops and meadows, number of cattle and the population, the provision of religion and education, military defensive works and groups, local wise men and thinkers, emirs and khans and other uncountable lists of the described data. Here the main method – visual monitoring along with the old records written in the ancient time is used. At this moment, observation finds similar to earlier comprehended things, comes to the end with emergence of new value, a new view and its systematization. Such usual methods, as comparison, the description, drawing, finding of similarity and distinction, the analysis and collecting, group are widely used.

One of the purposes of sciences – studying of texts, and a way of development is an education. At this time the social and civilization environment still was developed by incompleteness. The nature was the main source of knowledge. To consider it as the text, to know by heart about it everything, to offer undistorted explanations – all this was the main feature of scientific research. Certainly, Islam which traditionally has arisen contrary to backwardness of ethnic consciousness, adhering to prevalence of universal values, the devotion and the sacred beginning eulogizing personal values, extended from methods of knowledge of the Koran. To remember sacred texts, constantly repeating them, it is very important from the informative, ideological and educational party. Later such order passed from a theology into literature and poetry, and art and science of that time became a way of life.

The relations of science of Islamic religious studies and being formed secular science were taken under control by Muslim scientists. They strictly controlled the content of ideological provisions that in them scientific achievements didn't prevail. Some of scientists lived in palaces of the Muslim leaders, the believing sheikhs possessing religious ranks, tsars and emirs therefore couldn't express openly opinions and views which would develop intellectual activity, and to influence ideological situation. Generally, the medieval science remained thanks to that secretly existed in the form of theological contents, religious doctrines, imperious decrees, and received continuation [2].

The social consciousness is included in historical methodological contexts not only for the description; it also is an element of structural education and generalization of thoughts and experiences of modern people. Despite that answers to problems of that era was connected with the ethnic, cultural, social principles, they found special reflection in M. H. Dulati's creativity. On a row with them there is an essential share of ideas of the right and the state, etc. that is confirmation of ability of M. H. Dulati to solve problems of paramount importance on the agenda of that time.

Such ideological state and the intelligent circle of scientists, politicians, and statesmen influenced formation of views of Mohammed Haidar Dulati – the personality born on the Turkic earth, known at world level. Besides a world famous name, contemporaries it designated Myrz's full name Mohammed Haidar Mohammed Husain Dulat Koregen [3]. Its works which have reached us, under the name "Tarikh-iRashidi" (History on a truth way) and to "Zhahan-nama" were widely known among the East people. "Tarikh-iRashidi" during lifetime of M.Kh.Dulati attracted educated readers and solid researchers as unusually collected historical material, thanks to it became classical work of that time. He is a great thinker who appreciated a wideness of subjects, depth of researches, aadvantage of methods of world creativity and collected the knowledge from encyclopedia which is comprehensively studying universal problems [4].

M.Kh.Dulati - the native of the aristocracy, the descendant of the prominent statesman. It since the childhood grew in the environment which is engaged in the decision political and state questions, was brought up at the imperial yard, and from the moment of appointment as the military leader of Mogulistan in 30 years it completely plunged into the political and state relations and for the rest of the natural served in the highest government institutions. The life full of political events, participation in the state activity, political and military campaigns, missions in quality of the ambassador, muslimanisation, campaigns for taxation allowed it to learn world secrets, to extend and to deepen own knowledge. All this gave the chance to select many materials, to systematize knowledge and collected data to generalize according to a wealth of experience. Synthesis of knowledge and experience creates for the thinker of a condition to ascend to science peak, to reach big results in the field of history, geography, politicians, the states, the rights to reserve an indelible trace.

As he is the native of this society, it is great reflection of the eyelid. He is interested in actual requirements of that era, the purpose chose search of exact answers and special education. He considering good supervision over an environment as a habit, early could realize originality of the environment, understands the beginning of the general opinions and creativity.

To learn about historical roots of legal traditions of Turkic-speaking Moguls by means of M.Kh.Dulati's opinion – means, to learn history ways to use them for understanding of new social transformations.

State and legal згляды by M.Kh.Dulati kompleskno are considered and specially studied. That is, in a consequence of that till this time there were no the authors who have touched on this issue, the scientific project wasn't considered before ; the essence of timely deep and versatile thoughts is reflected in works of the thinker.

To use data on life, activity, M.Kh.Dulati's gosudarsvenno-legal views on occupations of jurisprudence of history Kazakhstan.

Anew to comprehend progressive ideas, the correct education and instructive manuals of such persons as M.Kh.Dulati it is informative for us and future generation.

The used literature

1. Dulati M. H. Tarikh-iRashidi (History on a way in Haque). – Alma-Ata: "Turan" publishing house, 2003. – 616 pages.

2. Mingulov N. Mukhammad Haidar Duglat//Great scientists of Central Asia and Kazakhstan (XIII-XIX century). – Alma-Ata. – 1965 .

3. KasabekAnd. – M. H. Dulati history comp. philosophy //Materials III of the International conference devoted to the 500th anniversary of the statesman Srednevekovya of Central Asia, to the Great scientist-historian Mohammed HaidarDulati on a subject: "Kazakhstan and world civilization: history and present". – Taraz: Tar GU, 1999. – 93-95 C.

4. Kozybayev M., Pishchshchulina K. "Tarikhi-iRashidi Mirzy Mukhammad Haydar Duglata about Kazakhs and the Kazakh statehood//Materials III of the International scientific-theoretical conference devoted to the 500 anniversary of the statesman of the Middle Ages of Central Asia, to the great scientific historian M. H. Dulati on a subject: "Kazakhstan and world civilization": history and present". June 16-17, 1999. - Page 31-45.