Seeking justice at the court of the khans of Khiva (19th-early 20th centuries)

Bibliographic Information

Seeking justice at the court of the khans of Khiva (19th-early 20th centuries)

Paolo Sartori, Ulfat Abdurasulov

(Brill's Inner Asian library, v. 38)

Brill, c2020

  • : hardback

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Note

Includes bibliographical references (p. [439]-448) and index

Description and Table of Contents

Description

This book aims to shed light on the juridical field of the Khanate of Khiva at the end of the 19th and the beginning of the 20th century. The 'Khanate of Khiva' is the term employed in Western historiography to denote the political formation that was put in place by the Qonghrats. The latter was a dynasty of Uzbek origin that ruled roughly between the last quarter of the 18th century and 1920. It ruled over the region known as Khorezm (Ar. Khwarazm), one of the biggest oases of Central Asia, traversed by the Amu Darya and nestled within the territory of what is today Uzbekistan, Kazakhstan, and Turkmenistan. The main objective of this work is to show that prior to Sovietization the dispensation of justice in Khorezm depended mostly on a group of officials who represented the dynasty in power, but who lacked any specialised legal training. It is important to reflect on this particular aspect of the legal system developed by the Muslim principality that we refer to as 'the Khanate of Khiva,' for conventional wisdom says that the practice of law in pre-modern Muslim societies was usually the business of the 'ulama', i.e., the scholars of Islam.

Table of Contents

Contents Preface and Acknowledgments Note on Transcription and Nomenclature Glossary Introduction 1 Crime and Punishment in an Uzbek Khanate 2 The Historical Setting 3 Who Were the Yasavulbashis? 4 'Arz as a Form of Governance 5 On Protocol 6 Documents 7 What Was the Cost of the 'arz? Documents 1 Rescripts Document 1 28 Zi al-hijja 1328 / 30 December 1912. A Rescript by the yasavulbashi about a Dispute over Inheritance Document 2 9 Shavval 1328 /13 October 1913 A Rescript by the yasavulbashi about a Dispute over the Payment of Dowry Document 3 13 Shavval 1328 /17 October 1913. A Rescript by the yasavulbashi about a Dispute over Landownership Document 4 23 Zi al-hijja 1328 / December 25 1910. A Rescript by the yasavulbashi about a Marital Dispute Document 5 17 Zi al-hijja 1328 / 19 December 1910. A Rescript by the yasavulbashi about a Dispute over Debts Document 6 7 Shavval 1328 / 11 October 1910. A Rescript by the yasavulbashi about a Dispute over an Ancestral Undivided Property Document 7 17 Shavval 1328 / 21 October 1910. A Rescript by the yasavulbashi Instructing an Attendant to Investigate the Circumstances of a Dispute Document 8 13 Zi al-qa'da 1336 / 20 August 1918. A Rescript by the yasavulbashi about a Dispute over a Contested Inheritance Document 9 7 Rabi' al-s ani 1336 / 19 January 1918. A Rescript by the yasavulbashi about a Dispute over Landownership Document 10 24 Rabi' al-avval 1335 / 7 January 1917. A Rescript by the yasavulbashi about a Dispute over Landownership Document 11 17 Sha'ban 1328 / 26 May 1918. A Rescript by the yasavulbashi about a Case of Murder 2 Reports Document 12 8 Shavval [?]. A Report by qazis to the yasavulbashi about a Marital Dispute Document 13 4 Rabi' al-s ani 1335 /27 January 1917. A Report by a Provincial Governor to the yasavulbashi about a Dispute over Custody Document 14 24 Safar 1334 / 30 December 1915. A Report by a Provincial Governor to the yasavulbashi about a Dispute over a Dowry Document 15 Jumadi al-s ani 1336 / March 1918. A Report by a Provincial Governor to the yasavulbashi about a Case of Robbery Document 16 Rabi' al-avval 1335 / December 1916. A Report by a Provincial Governor to the yasavulbashi about a Case of Domestic Violence Document 17 27 Rajab [1330] / 12 July [1912]. A Report by a Provincial Governor to the yasavulbashi about a Dispute over Water Rights Document 18 22 Jumadi al-avval 1335/ 15 March 1917. A Report by a Provincial Governor to the yasavulbashi about Maintenance Works of the Irrigation System Document 19 1328 / 1910. A Report by qazis to the yasavulbashi on Land Assessment Works Document 20 19 Zi al-hijja 1334 / 16 October 1916. A Report by a Provincial Governor to the yasavulbashi about a Marital Dispute Document 21 27 Ramazan 1336 / 6 July 1918. A Report by a Provincial Governor to the yasavulbashi about a Dispute over Debts Document 22 16 Rabi' al-s ani 1335 / 8 February 1917. A Report by Provincial Governor and the qazis to the yasavulbashi about a Dispute over Landownership Document 23 27 Sha'ban 1336 / 08 June 1918. A Report by a Provincial Governor to the yasavulbashi about the Death of a Man Involved in an Altercation Document 24 Jumadi al-s ani 1336 / March-April 1918. A Report by a Provincial Governor to the yasavulbashi about Malfeasance Document 25 7 Muharram 1336 / 23 October 1917. A Report to the yasavulbashi about a Case of Murder Document 26 19 Jumadi al-s ani 1332 / 14 May 1330. A Report by a Provincial Governor to the yasavulbashi about a Dispute over Landownership Document 27 1335 / 1916-1917. A Report by a Provincial Governor to the yasavulbashi about a Case of Robbery Document 28 8 Muharram 1335 / 3 November 1916. A Report by qazis to the yasavulbashi about a Case of Extortion Document 29 9 Sha'ban 1334 / 10 June 1916. A Report by a Provincial Governor to the yasavulbashi about a Dispute over Losses Caused by Yomut Turkmens Document 30 28 Ramazan 1336 / 7 July 1918. A Report by a Provincial Governor to the yasavulbashi about Malfeasance Document 31 10 Rabi' al-s ani 1332 / 7 March 1914. A Report to the yasavulbashi about the Extinguishment of a Debt Document 32 15 Shavval 1328 / 9 October 1910. A Report by a Provincial Governor to the yasavulbashi about the Extinguishment of Debt Document 33 9 Rabi' al-avval 1335 / 2 November 1917. A Report by a Provincial Governor to the yasavulbashi about the Extinguishment of Debt Document 34 n.d. A Report of qazis to the yasavulbashi about a Dispute over Landownership Document 35 8 Ramazan 1336 / 17 June 1918. A Report by a Provincial Governor to the yasavulbashi about Rights on a Thoroughfare Document 36 Jumadi al-avval 1336 / February-March 1918. A Report by a Group of Officials to the yasavulbashi about a Dispute over Taxes in Favor of Yomut Turkmens 3 Notifications Document 37 8 Ramazan 1334 / 8 July 1916. A Notification by a Provincial Governor to the yasavulbashi about a Case of Assault and Robbery Document 38 25 Zi al-qa'da 1334 / 22 September 1916. A Notification by a Provincial Governor to the yasavulbashi about a Case of Robbery Document 39 25 Zi al-qa'da 1334 / 22 September 1916. A Notification by a Provincial Governor to the yasavulbashi about a Case of Animal Theft Document 40 15 Jumadi al-s ani 13[?] / [?]. A Notification by a Provincial Governor to the yasavulbashi about a Case of Armed Robbery Document 41 5 Rajab 1336 / 16 April 1918. A Notification by a Provincial Governor to the yasavulbashi about a Case of Robbery and Assault Document 42 n.d. A Notification by qazis to the yasavulbashi about a Case of Domestic Violence Document 43 Sha'ban 1335 / May-June 1917. A Notification by a Provincial Governor and qazis to the yasavulbashi about a Man's Death Document 44 18 Sha'ban 1334 / 19 June 1916. A Notification by a Provincial Governor to the yasavulbashi about a Case of Bride-Kidnapping Document 45 26 Jumadi al-avval 1336 / 09 March 1918. A Notification by a Provincial Governor to the yasavulbashi about a Case of Bride-Kidnapping Document 46 7 Jumadi al-s ani 1336 /19 March 1918. A Notification by a Provincial Governor to the yasavulbashi about a Case of Robbery and Homicide Document 47 17 Rabi' al-s ani 1335 / 9 February 1917. A Notification by a Provincial Governor to the yasavulbashi about a Case of Assault Document 48 22 Rabi' al-s ani 1335 /14 February 1917. A Notification by a Provincial Governor to the yasavulbashi about a Case of Animal Theft Document 49 22 Rabi' al-avval 1335 / 15 January 1917. A Notification by a Provincial Governor to the yasavulbashi about a Double Homicide Document 50 18 Rajab 1336 / 29 April 1918. A Notification by a Provincial Governor to the yasavulbashi about Multiple Cases of Robbery and Homicide Document 51 Dhi al-s ani 1335 / September-October 1917. A Notification by a Provincial Governor to the yasavulbashi about a Case of Robbery Document 52 5 Sha'ban 1336 / 15 May 1918. A Notification by a Provincial Governor to the yasavulbashi about a Dispute over Rights of Inheritance Document 53 12 Zi al-qa'da 1336 / 19 August 1918. A Notification by a Provincial Governor to the yasavulbashi about a Case of Animal Theft Document 54 15 Jumadi al-avval 1335 / 8 March 1915. A Notification by a Provincial Governor to the yasavulbashi about a Case of Homicide Document 55 5 Jumadi' al-avval 1329 / 3 March 1911. A Notification to the yasavulbashi about a Case of Homicide Document 56 25 Safar 1335 / 20 December 1916. A Notification by a Provincial Governor to the yasavulbashi about a Case of Robbery Document 57 2 Jumadi al-avval 1335 / 24 February 1917. A Notification by Provincial Governor to the yasavulbashi about a Case of Robbery Document 58 27 Rajab 1339 / 5 April 1921. A Notification by a Provincial Governor to the yasavulbashi about a Case of Robbery Document 59 1334 / 1915-1916. A petition to the yasavulbashi regarding a Case of Robbery and Assault Document 60 1335 / 1916-1917. A Notification by a Provincial Governor to the yasavulbashi about a Dispute over an Unpaid Debt Document 61 14 Zi al-qa'da 1337 / 10 August 1919. A Letter by the Turkmen Yomut Leader Junayd Khan to the yasavulbashi about the Appointment of a New qazi to Solve Conflicts among the Ata Turkmens Document 62 8 Ramazan 1332 / 30 July 1914. A Notification by a Provincial Governor to the yasavulbashi about the Intention of the Disputing Parties to Solve the Dispute before the khan Document 63 24 Rabi' al-s ani 1332 / 21 March 1914. A Notification by a Provincial Governor to the yasavulbashi about the intention of the disputing parties to solve the Dispute before the khan 4 Qazis' Reports Document 64 n.d. A Report by a qazi-ra'is about the Intention of the Disputing Parties to Solve the Dispute before the khan Document 65 7 Sha'ban 1267 / 6 June 1851. A Report by a qazi-ra'is to Authorities in Khiva about the Outcome of a Conflict at a Local Bazaar Document 66 n.d. A Report by a qazi to the Royal Court about a Dispute over Land Ownership Document 67 n.d. A Report by a qazi to the Royal Court about an Unspecified Dispute Document 68 n.d. A Report by a qazi to the Royal Court about a Conflict over an Unpaid Fee and an Ensuing Case of Assault Document 69 n.d. A Report by a qazi to the Royal Court about a Case of Homicide Document 70 n.d. A Report a qazis to the Royal Court about a Case of Homicide Document 71 n.d. A Report by a qazi to the Royal Court about a Case of Homicide Document 72 n.d. A Report by a qazi to the Royal Court about a Case of Homicide Document 73 n.d. A Report by a qazi to the Royal Court about a Case of Homicide Facsimiles Bibliography Index of Places Index of Proper Names

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