Transition from Sharia to Russian Tradition in the Transoxiana Judicial Court (13th Century AH / 19th Century)

Document Type : جغرافیای تاریخی خراسان بزرگ


Transoxanian bureaucratic system followed a completely different course since separating from Iran due to dominance of tribal rule. The power of Uzbek tribal leaders and emirs, along with the current tribal laws, made it impossible to maintain the former system (the Timurid bureaucratic system). The result of such a challenge in the jurisdiction (which is directly related to the accepted laws of a society) was at first step, the confrontation between tribal and Islamic law and then the coexistence of these two., In order to concentrate the power of the central government and weaken the tribes, the last Uzbek rulers put on the agenda the policies such as expanding the Islamic law-based court system; Thus, their judicial system, especially in the non-nomadic areas, was centred around the Shari'a. The important issue was that the above process, on its way in the 13th century (A.H), while facing with Russian colonialism was put on the verge of competing with another pattern (changing from tribal to Russian),. In the present article examining this period, the researcher tries to investigate how the judicial system adopted the Russian legal model and approached a new type of customary courts? The researcher’s claim is that the Mangit judicial system, because of its inefficiency, as a result of the entry of a powerful new competitor, at first competed with it and then Inevitably accepted the new Russian-style customary system
Keywords: Judicial Court, Russia, Sharia and Customary courts, Transoxiana