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Concept and features of slave and slavery in the traditional Kazakh law
5. Baimakhanov M. T Contradictions in the development of the legal superstructure under socialism/ M. T. Baimakhanov; Ans. Ed: Zimanov S. Z. - Alma-Ata: Science of the Kazakh SSR, 1972. - 358 c.
6. Zimanov S. Z. General Theory of Law and its place in the course of the theory of state and law. - Alma-Ata, 1979.
Myrzakulova Moldir, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law, Scientific adviser: Associate professor U. A. Akhatov E-mail: [email protected]
Concept and features of slave and slavery in the traditional Kazakh law
Abstract: Traditional Kazakh society is small in relation to the following trading update of slavery, although she is the subject of many discussions of this issue is very complex. At the same time, Kazakh society of slaves and slavery of the views of the nomadic way of life and its spiritual sources showed how to search. Kazakh nomadic society deeply the nature of slavery, only one side of assessment, blowing, to provide a comprehensive, in-depth analysis showed that the phenomenon is one of the most necessary.
Keywords: traditional law, society, slave, historical practice.
In the modern Kazakh society phenomena that are socio-politically important and being especially when the image against them, and you will notice that their relationship is a clear need for a deeper concepts. In fact, the world of nomads, especially Kazakhs are allocated in the process of farming, the concept of cultural and moral concepts, etc. factors which are of their particular characteristics. According to our opinion, one of the events require special concepts in the Kazakh public concept is slavery.
Why in the traditional Kazakh society, rather than for example in some eastern and western countries appeared position peculiar concepts. Of course, this is a difficult task, it is impossible to convey the scope of a single word or a concept. We can understand and penetrate deeply into the development of the evolution of the emergence of slavery in the Kazakh steppe.
In protokazakh Institute of slavery society evolves with every requirement arising in society socio-economic processes. Forms and methods of slavery and slavery if delve deeper into the history of the development and changes in ways of using a particular sector of society.
Based on historical practice formed in protokazakh society of slavery, mainly in Kazakh society slaves, and the essence of the concept and their role in society has established a system. In other words, in the traditional Kazakh society, that is, in the XV century, and the beginning of XVIII century formed the notion of systems on the role of slaves society, and this is the fruit of centuries of trial which is rich in its fruits.
In traditional Kazakh society study of slavery richly problems that are theoretically important. In our the-
ory, such important problem is on the one hand from the etymology of slavery. In a brief encyclopedia of our country is said about the etymology of slavery, and expressly states that takes place in a slave society, as well as its function, and talk about the benefits of his work for the nomadic Kazakhs. Now let’s try to consider the conclusion: “In Kazakhstan developed a generic form of slavery. Slaves for sex differences were called servant and slave. They are mainly engaged in household chores. And in rural areas slaves were used for plowing the land, and for the construction of irrigation facilities. But here, the slaves could not become the main production force. Slaves in the Kazakh society were were bezpravnymi creatures, and control an ancient rule based on traditional adat rules. Slaves were bought, sold again, and let’s get together dowry rich girls sometimes even becoming the prize in the competition. But it is not very developed in Kazakhstan, only had a patriarchal characteristic" [1, 301].
And the ancient Turkic language dictionary and slaves provided the following explanation: “Qul I.
1. The slave Slave: ol odka qul qulliy bolmis erti — while slaves became slave owners; kisi barca jarmaq quly boldilar — all people have become slaves of money.
2. God’s servant, a man: qul tanrika butti — people believe in god (single); farista bitir qul nequ qilmisin — Angel writes that made the servant of God; bajat berdi qulqa eki koz qulaq — God gave man two eyes and ears.
Qul, kun: male and female slaves, slaves: qulim kunim boduniy tanri jer aju berti — my slaves and people then headed Heaven and earth; beduk bergan gatiy
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Section 2. Science of law
qayalin toqip emgatip qul kunug islatdimis ersar — if we are forced to work as slaves, torturing (their) large rods and rigid rod; bulun qilyil oylin qizin qul kunin — held captive by his children and slaves; qul qarabas — slaves, slaves; ukus qul qarabas kerak — need a lot of slaves; boyuz quli see. Boyuz I; kun qul see. Kun”.
“Kun — slave, servant; silik qiz oylun kun bolti — your pure female offspring become slaves; ol kunka jip egirtti — he forced female slave thread twist.
Kun, qul — slaves and servants; tozun javas edgu kisilarig kun qul gilip - making noble, gentle, kind people slaves and slaves” [2, 464].
In one published in the light dictionary defines servant: “It’s a farmer who has no rights and is entirely dependent on the host” [3, 419].
During the analysis of the issue of the slave etymology of the mid-century Kazakh steppe thinker, one of the scientists — Mahmoud Kashkari “with the Turkic word” pay special attention to the work and thought of the resolution. According to Mahmoud Kashkari work slave following thought: “Free is a derivation of the word slave. Therefore, the type of free-silver pearl slave Kumish, warrior slave Alb free, safe shoes, Mayliayak so-called slave Kutlug free. Later they were offered to the children of this word only Khahan. Even though the word in the name of some of the birds of prey were used in combination. For example, Chagri free — Karshyga free, Kuch free — High, such as those claiming to be free of charge.
As for the word is moved to the sons of AfTasiyap, their grandfathers, who is very special to commemorate the unique. Therefore, if they apply to any business his grandfather, or type the letter, they keep a low behavior, it was said, who graduated from the castle of the following actions. Later that their side is the name of the title. Free to highlight the name of the other slaves their word, he was more familiar with the words” [4, 28].
Etymology of the word slave Turkish go into one of the most well-known orientalist scholars — T. I. Sultana said [5, 537].
Slave word really is the Turkish language. Slave history of the word appears on stage, in our opinion, will be able to start medieval Turkic khanate place on the territory of Kazakhstan. From this period of time “slave” and “slave” in the words of a nomadic society as a social group name widely used in many papers and other documents.
Kazakh society of slavery was one of the main institutes of Kazakh customs law [6, 83].
Kazakh customs Institute of slavery on the right — the nature of slavery, its methods, ways and forms, that slaves in the legal conditions are part of the violations of
the rights of Kazakh customs. Kazakh customs Institute of slavery on the right is characterized by the following symptoms:
• First of all, the right to Kazakh customs of slavery is a special relationship between independent standards;
• Secondly, the internal unity of the system is the structure of slavery;
• Thirdly, the general rules governing the relations of slavery is part of the Kazakh customs law [7, 75].
Kazakh steppes public consciousness slave society is one of the lowest social negative approach, the second part to go in terms of masculine feel very sorry for him that was. In fact, this world views on slavery and slave brought to people living in the community in terms of its population, based on the respect to the nature of freedom-loving characteristic of the people of the world in the field [8, 379].
We are a traditional Kazakh society, which caused the ownership of slaves and slave ancestors, do not exceed the level of this world view. Then just give into the secrets of these phenomena, we can focus on the eyes with a gentle approach that does not need to appear. Pleasures of this world are eternal, uncertain how much joy to the eye area by the ancestors of the slave is tied to a deeper, wanted to see the treatment ofhis personality. Depressed and had to get the most out of the status of slaves to the nomads of the defenseless. Turkic brother, warned: “Kal-gan was revoked, the sons of the people Tabgash labor of slaves, slave girls” find the words [9, 61].
In addition, the well-known Turkologist S. G. Klyas-htorns Let us talk about the slaves opinion: “And no matter what the contradictions are not characterized relations between rich and poor, between the runs and the common people, hangover generally opposed to other groups of the population, part of the ancient Turkic El — Revolutionaries completely dependent on slaves, who, even having joined the family of their owners, did not members of the ancient Turkic community. That slaves were powerless social periphery of the ancient society.
The semantic range of terms, which are indicated in the ancient Turkic runic monuments of Central Asia unfree man (molecules) and unfree woman (Kühn) ... male and female slaves in the ancient community of people were forcibly taken away from their habitats, torn from their tribal environment deprived of their status, surrender to the power of their masters” [10, 137-138]. Turks slavery was finally sent to prison for. In desperation view. English slavery understanding of this point of view in the minds of slaves to show themselves in public life and freedom, and the company has become a full member of the opportunities [11, 91].
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Concept and features of slave and slavery in the traditional Kazakh law
Kazakh steppes, we have developed a unique approach to the slaves as well as the total field of people like to look behind the legal consciousness of the public. Traditional legal system, which has been studied for many years, the famous scientist, academician S. Z. The auditorium of the Kazakh laws and parents with respect to its foundations associated with the mobile game, the methodological values expressed as follows: “Kazakh law is distinguished that it guided basically customary legal norms and institutions was formed and has developed as if in a “free" area and therefore a mostly peaceful, natural resistance of nomadic civilization. In this regard, we can say that it is in substantial part in many respects ahead ofhis time, in the depths ofwhich was formed and developed into its framework" [12, 34].
This is a fundamental review of any of the legal structure of the Kazakh society and institutions, the media should not be satisfied. Traditional Kazakh society and its place and role in the slave of the value of
the opinions expressed in the case of films behind the legal consciousness of the public should be looking for. Here is the Kazakh public legal consciousness of the nature of slavery, we can open only in a comprehensive way [13, 96].
Traditional Kazakh society to the depths of the legal world of centuries of slavery is the personification of a generalized practice. Kazakh society of slaves and led a nomadic life of society on the basis of the views and positions to democratic principles, ideas and concepts.
Traditional Kazakh society is small in relation to the following trading update of slavery, although she is the subject of many discussions of this issue is very complex. At the same time, Kazakh society of slaves and slavery of the views of the nomadic way of life and its spiritual sources showed how to search. Kazakh nomadic society deeply the nature of slavery, only one side ofassessment, blowing, to provide a comprehensive, in-depth analysis showed that the phenomenon is one of the most necessary.
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