Rights of Chingizids

1) elect and be elected as khans

2) access to Great Yassa – Legal Code of Chingiz empire (collection of laws and decrees)

3) above the law, they could be punished only by khan

4) exclusive rights by birth, no marriage with gave the right be chingizid (only title- gurgan- khan’s son-in-law)

5) no duties, but military

6) exclusive uran- military call- arqar (others had no right to us it)

7) no corporal punishment

8) common folk had no right to name them, but call- taqsyr

9) special welcome by others- bow and knee

10) monopoly on colour – white- yurt, carpet, clothes.

Crimes against chingizids- all punishable by death, and even falsification of their title- 15-30 beatings with whip, in case of marriage of common man to chingizid woman- fine as for the death of a man.

Explicit symbols of tore- clothes and dwellings color markers: red and reddish of robes (chapan) and white for cone like caps decorated with the fur of silver fox; white color for dwellings.

Special jewelry.

Marriage politics

Marriage politics of tore

1) political considerations both for men and women

2) early- 15 for men, 16 for girls (but were early marriages)

3) child marriage

4) polygamy- produce more to prevent extinction and legitimate power transition

Nuraly khan (1748-1786), Abylai (1771-1781) and sultans Kaip (died in 1791) and Qarabai (died in 1804) had from 12 to 16 wives.

2 categories of wives:

1) full fledged – arranged political and economic marriages (qalym and dowry) – females of the titular aristocracy of Kazakh steppe and related rulers of eastern Turkestan, Aral areas, Bukhara and Khiva khanates (Sheibanids, Chagataids, Ashtarkhanids, Janids, etc.), Jungar nobility and Qalmyk tajas, women from Saids and Hoja clans, Kazakh tribal aristocracy and batyrs, Bashkir elite and central Asian influential clans.

2) concubines- captives of war (Qalmyks, Turkmens, Kyrgyz, Qaraqalpaq, etc.)

Another category of concubines- lower status Kazakh women (from poor clans, orphans, widows).

Status of offspring born of such contacts depended on the status of their mothers, and personal attitude of fathers.

The first category had more privileges- political, economic, and social.

Nuraly khan had 15-16 wives, 15 concubines – 40 sons, 33-34 daughters;

Abylai khan- 12 wives- 30 sons and 40 daughters;

Vali-khan – 2 wives – 14 sons.

Legitimate challenges to chingizids for power

1)claims from other members of chingizid clan

2) poor state management

3) poor leadership qualities

4) decision of higher power- great khan, Amir Timur, Russian colonial administration

5) no established order of power succession- decision of ruling khan could be disputed after his death

6) strong leaders to manipulated the khans – Amir Timur (gurgan- son-in-law of khan)

Khan election procedure- mix of hereditary and meritocracy principles

Khan election- khan sailau- news was announced in advance- by jasauls to all tribes.

For the elections all the people were arrive- men in armaments and women in the best clothes. Men had nor right to vote without arms.

The session was opened by speeches of hoja and aqsaqal, then by the candidates to khan position. They told about their rights and merits. They were supported by tribal chiefs. Anyone could speak to the public.

The public by voice supported or rejected the speaker. People could also tell about wrongdoings of candidates. As soon as khan was elected on Friday the ritual of khan’s elevation / khan kotery - was arranged.

On the top of a hill was put a white carpet/felt, khan was seated on it by two respected men facing Mecca, and and then 4 out of reputable biis, sultans and batyrs elevated khan above their heads 3 times. Thus, khan was officially elected and was legitimate. The, khan was elevated by his supporters, other claimants and and aqsaqals.

Khan’s upper clothes were stripped off and chopped into minor pieces to be divided among the people as relics. He was given new white robe and cap. His cattle was also divided between al those present to share who could not take part in the procedure- khan sarqyt. It symbolized that khan had no his property. His property- his people.

Khan had no right to protest against division of his property- khan talau, in case of protest- people would suffer.

Economic resources of khan

1) personal cattle

2) regular gifts

3) zaket- Bukey Horde khan got annually 72000-92000 roubles.

4) sogym – 5 households paid khan 1 cow or 6 sheep. Total=4000 cows, 24000 sheep. In rouble=40000 roubles.

Sogym was shared with tribal chiefs.

Rights and privileges of aristocracy – for service to khan and state

Tarkhans

1) free from taxation and duties

2) all booty was taken at war and hunting by them

3) could enter and palace and talk with khan at anytime without permit

4) special legal procedure only for serious

5) got high places during feasts and cup of wine from khan personally

Religious authority

Before XIV century- shamans

Since XIV Islam became state religion, emerged 2 types of religious authority: saids and hojas.

Said (from Arabic- leader, chief, head or master) descendants from prophet Muhammad from his daughter Fatima and 4th caliph Ali. Females were named saida or sitti.

Saids were closed group with many privileges- were heads of religious communities, presided over religious events and were not subject to capital punishment. They had right to tell the truth to khans and call to order.

Seids could marry any woman, but did no allow their daughters marry other social groups.

Hoja – from Arabic- master- 1) title acquired by close followers of Prophet Muhammad, 4 right caliphs – Abu Bakr, Omar, Osman and Ali (except for children born by Fatima); 2) descendants of first Arabs who conquered part of the region in VIII century. They were above the law, and could not be punished, above tribal and social differentiations.

Major clan groupings of hoja (regional factors):

1) Aqqorgan (from Ishaq bab, descendant from Muhammad imam in 7 generation)

2) Horassan, from Abd-al-Jalil-bab, from imam Zain al-Abidin, son of Ali and Fatima

3) Duana, from Mahdi (Divana hoja), from Abd-al-Jalil

4) Karahan, from Mukhammad Hanafia

5) Said/Seid, from Hussain, son of Ali and Fatima

6) Qylauyl/Qylayuz, from Aby Bakr

7) Qyryq-sadaq, from caliph Omar

8) Kereit

9) Sunaq, from Abu-Bakr

Functions of hoja

Had uran “Allah”, tamga, seals, were highly respected, uniform- white turban and yellow robe.

Socially- spread of Islam and ethical norms, collective sermons (zikr, jahr), rituals (weddings, funerals), spelling, making protective talismans, treatment, psychological aid.

They were one of the pillars of khan power, their advisors, mentors,

Politics by Yassa

From Mongol- law and decree. Was adopted at 1206 kurultay, corrected in 1218 and endorsed in 1225; was kept in the courts of chingizids, who had to know it by hart and were examined before accession to the throne.

Is known from Persian historian Juvaini (XIIIc.) and Egyptian writer Makrizi (XV c.).

But: Yassa was observed mostly during Chingizkhan times and shortly after death.

Why: separatism and ambitions, intrigues, could no be applied to sedentary and trade zones

Legacy of Yassa in Kazakh politics

1) Passed from the Golden Horde times, and was basis for legal codes- Kassym khan, Tauke khan – Jety Jargy, was banned by the Russian colonial administration since reforms of 1822.

2) legitimacy for chingizids to claim power

3) powers and duties of khan and sultans

4) democracy – maslikhats

5) council of biis

6) militarization of life

Maslikhat- congress of sultans and tribal chiefs, convened once a year to settle most important issues- make peace, declare war, redistribution of pastures, migration routes. It also considered the cases of khans selection and election on the principle of meritocracy.

It was attended by all adult armed men. All the power during the procedure was in khan’s hands.

Council of biis -settled most vital issues- new laws, war and peace, since XVII century out of major tribal confederations and clans. Case: Jey Jargy adopted by collective wisdom of biis of 3 Juzes- Aiteke bii, Tole bii and Kazybek bii.

Conventions of tribal aristocracy-since XVI century, rarely, usually in May or October-November to settle the migration routes, pastures, winter settlements, military affairs, disputes between tribes. Were attended by common folk, who could not take part in sessions.

No regular army, but2 types of structures existed:

1) guards of khan, sultan and bii

2) militia – batyrs, common people.

No recruitment, but a social duty to tribe, that has its own order in battle, unit, banner, uran.

Bilik

Collection of Chingizkhan statements, thoughts and ideas.

Difference between Yassa and Bilik

Yassa outlined major crimes and offences and gave scale of punishments for the criminals and offenders.

Bilik- defined the order of investigation, trial and law enforcement.

Both were corrected within time and space.

Geopolitical legacy

1) division into uluses by Chingizkhan between his 4 sons and their offspring

2) big ulus and title of great khan was given to Ugedei, but before he ascended to the throne- Tului was regent to make necessary preparations to convent kurultai and legitimize the khan’s power- I interregnum.

Kurultai was held only in 1229 (Tului liked being regent) in Kerulen Kodeu –aral.

Ugedei rule success:

1) systematization of taxation

2) expansion- to Danube and North Korea.

Problems: 1) he was alcoholic, 2) wasted time on drinking and feasts; 3) left no legitimate claimant to the throne, as he had many ambitious wives.

II interregnum (5 years)- the empire was ruled by tandem of women- widow Turakina (chief wife) and her partners - Persian Fatima and Muslim minister Abd-ar-Rahman.

Turakina was mother of 5 sons: Guyuk, Kutan, Kuchu, Korachar, Kashi. She promoted Guyuk, and allegedly got rid of other claimants.

Guyuk came to power at 1246 kurultai, whom was brutal and alcoholic

Guyuk died in 1248 and representatives of other branches competed for power – great khan title or preferred to separate and did not recognize the central power.

After long debates Batu 9Jochi clan) was elected great khan but left Mengy-Timur. He accused Ugedei and Chagatai clan members in intrigues to usurp power and in 1929 ordered to kill all male representatives and the distant of them were sent to remote regions. The power passed to Tului and Jochi descendants.

Death of Mengy (Munke) in 1259 – alcoholism, poison, or wound- led to civil war between Tului sons.

To power in 1260 without kurultai came Khubilai that was not recognized by other branches.

Empire forever split into independent states and dynasties: 1) Mongolia- ruled by Tului offspring; 2) China- Khubilai; 3) Hulaguids- ilhans- offspring of Tului; 4) Chagatai – his offspring; 5) Golden Horde- Jochids. Each within time split into smaller parts. Crimean, Kazan, Astrakhan, Siberian khanates, Central Asia and Kazakhstan were ruled till XX century by Jochids

Implications: 1) claims to the throne, 2) civil wars, 3) marriage practices, 4) Islamization politics, 5) succession “claims” of the Russian empire – fall of Kazan khanate by chain reaction was to lead to submission of other ex-Golden Horde lands and legitimization of the Russia's claim to political legacy of Chingizkhan

Jochi descendants

Orda-Ejen- 1204-1280

Batu- 1209-1256

Berke- 1206-1266

Sheiban-

Urus khan (ruled in 1368-1377)

Burunduk

Janibek (born from Barak, 1429) and Gerey (born from Anika, died in 1473)

Legal legacy

Sources: 1) legacy of ancestors; 2) support of ancestors; 3) by the necessity of time -khan’s visionary potential and will) and 4) tribal consultations – tribal chiefs and biis (legal experts)

After Yassa:

1) Kassym khan laws

2) Yessim khan laws

3) Tauke khan laws- Jety Jargy

Tamga

1) symbol of ownership

2) symbol of power

3) symbols of territorial presence and control

4) symbol of personification instead of signature

5) codified history of tribe, clan and people

tamgas are viewed as codified keys to history of Kazakhs. 92 yuks of 6 rope Kazakh yurt are 92 tribes from the list of khan Tauke.

Origin of tamgas- since legendary khan Ogyz. Political symbolism- Mongol times.

Since Jochi times tamgas became symbols of khans power and were used as seals in signing diplomatic documents as rings.

Rings were of oval form (almond) –1.9-2.0 s. length and 1.7-1.8 sm in diameter, of black color with names, titles of the bearer and his father.

Since XVII century- writings were in Arabic.

Rings were usually made of oriental bronze (haft-jush)- alloy of 7 metals- tin, silver, copper, antimony, etc.

Since mid XVIII century rings were made of pure silver, rarely- gold, but sometimes with gemstones.

Since Russian times- golden and silver rings assigned by to Kazakh khans and sultans

Due to their service the empire, and differed in size, form, metal.

Since mid XVII century khan rings were made by the Russian administration to legitimize the right to control Kazakh people and appoint khans. It made seals, front robes, caps, sabres, and other things.

Court of biis

Yessim khan bii revolution

Tore dominance was replaced by the authority of biis and tribal chiefs. It was fixed in the “Yessim khan’s ancient path”, supplementary to Kassym khan’s code. It defined duties of khans, biis, batyrs and their mutual obligations.

But- central power was assigned by hereditary principle to khan of certain clan (it worked till early XVII century).

New- creation of juz system- economic-territorial units, led by powerful biis as heads of the most influential tribal confederations. Biis set up Council of Biis to limit the powers of khan.

Permanent capital- Turkestan as winter residence of khan.

Three biis

Aiteke bi (1681-1766)- Minor Juz bii.

Tole bii Alibek uly (1663-1756)- bii of Great Juz

Kazybek bii (1667-1763)- Middle Juz

Date: 2016-03-03; view: 873