“THE DOCUMENTS OFFICIALLY REGISTERED AT KAŻI COURTS IN TRANSOXIANA (10TH-13TH CENTURIES)”
Keywords:
Hanafi madhab, Central Asia, Transoxiana, 10th-13th centuries, legal documents, Shari‘a law, shurūt, mahżar, sijill, judicial system, Islamic courts, Sunni Islam, Shi‘a influence, legal historyAbstract
The study delves into the role of Hanafi scholars in the political and legal landscape of Central Asia, particularly in cities like Bukhara and Samarkand, during the 10th-13th centuries. This period saw the Hanafi madhab actively shaping governance and social structures, as the sultans of the region appointed both religious and political leaders. Scholars from the region, particularly those from the Hanafi tradition, played a critical role in advancing Sunni Islam while countering Shi'ite influence. The research focuses on the judicial system of the time, especially the use of legal documents in court procedures, such as shurūt (conditions), mahżar (record of proceedings), and sijill (register). These documents were crucial for the legitimacy of social and legal agreements, aligning with Islamic law (Shari‘a). The study traces the evolution of these legal practices and examines their significance in medieval Islamic governance.
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“Basmala” was written.
Każi who takes the chair in certain każi meeting “majlis al-qażā’ ”(مجلس القضاء) was introduced and his name, nickname and his origin was entered to document.
The place of holding kadi meeting was also indicated. Here, there was compulsory condition to indicate the region “kura” (كرة), the partial of region – district “nāhiya” (ناحية).
There also was demande to indicate in the documents, who gave the każi authority. If it is temporary authority or the power of authority was given to his deputy, his condition and position should be also entered.
There was recorded the territory where kadi sentence was valid.
There was also indicated the date of the case proceeding and the date when sentence was passed.
