Great Yassa of Gengizkhan
of
al-Farabi Kazakh National university,
Almaty,
Republic of Kazakhstan
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[6].
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”[7].
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)”[8].
1.
Êlyashtorny
S.G., Sultanov T.I. States and peoples of the Eurasian steppes. St. Peterbourg,
2004, p. 189.
2.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.
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.
Abuseitova
M., Baranova Y. Written sources on history and culture of Kazakhstan and
Central Asia in XIII-XVIII centuries. Almaty, 2001, pp.19-25.
5.
Erenzhen
Khara-Davan. Gengizkhan as a warlord and his legacy. Almaty, 1992, pp. 183-185.
6.
Kinayat-uly
Zardykhan. Kazakh state and Jochi-khan. Astana, 2004, 249 pages.
7.
Kinayat-uly
Zardykhan. Kazakh state and Jochi-khan. Astana, 2004, 249 pages.
8.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.
9.
Rashid
ad-Din. collection of chronicles. Vol. I, book 1, Moscow-Leningard, 1952,
259-269 pp.