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8INNOVATION: THE JOURNAL OF SOCIAL SCIENCES AND RESEARCHES
VOLUME 1, ISSUE 4, 2023
INTERNATIONAL SCIENTIFIC JOURNAL
LEGAL FOUNDATIONS OF AMIR TEMUR'S STATE
Shukurov N.R.
Teacher of the Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan,
Ph.D., associate professor.
Abstract: It is known that the prosperity of the era of the great general and statesman Amir Temur was primarily due to the fact that he ensured the rule of law in his kingdom. The distinctive feature of the master as a thinker is that he built a perfect society in the image of the kingdom he ruled and tried to strengthen it in every way. The main condition for managing the kingdom of Timur was to recognize the supremacy of the law in all directions and to create its basic rules.
In this article, it is said that the legal regulation measures are defined in the "Tuzuklar ", which reflect the legal foundations of Amir Temur 's state, as well as the conformity of the legal norms with the current legal norms.
Keywords: Timurid kingdom, secular legislation, Muslim law, state administration, military construction, art, science, culture, national tradition.
Great Amir Temur as a statesman, general and thinker is unique in that he built a perfect society in the image of the kingdom he ruled and tried to strengthen it in every way. An important aspect of Amir Temur's political doctrine is the priority of law in the management of society, the issue of legislation. The main condition for managing the kingdom of Timur was to recognize the supremacy of the law over all actions and to create its basic rules. In Timur's conclusion that the principle of the rule of law is a necessary condition, the rule of law is placed very deeply: this idea is in Sahibqiran's mind, studying the legal doctrines of Imam Ismail Bukhari, Imam Abu Isa al-Tirmizi, Farabi, Taftazani, Burhonidin Marginani's works on jurisprudence, discussions with scholars. was formed as a result of discussions and therefore allocated a wide place to the issue of the rule of law in society in "Temur tuzuklari" [1].
That is, our great grandfather Amir Temur wrote the words of "where there is rule of law, there is freedom" on the pages of history. Ibn Arabshah Amir, one of the classic historians of Timur's era, commented on the qualities of Timur: "Timur is a man of unparalleled character and profound reflection, the sea of his thoughts has no depth, and the way to the bottom of (his) interpretation is found neither through plains nor through hills," gave a high rating [2].
"Temur tuzuklari", its creation and study, for thousands of ears, the great geniuses of mankind tried to understand the internal logic of historical development and, on this basis, positively solve the problems of economic, political and spiritual development of mankind, and introduce the most optimal and fair methods of managing society.
From the first days of his accession to the throne of the country, that is, from April 1370, Sohibqiran tried to conduct state affairs on the basis of legal documents. If Amir Temur did not
https://doi.org/10.5281/zenodo.7520307
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INNOVATION: THE JOURNAL OF SOCIAL SCIENCES AND RESEARCHES
VOLUME 1, ISSUE 4, 2023
INTERNATIONAL SCIENTIFIC JOURNAL
establish his state on the basis of laws, the prestige, potential, and reputation of such a state would be damaged, and its ruler would not be recognized at a high level. Because in the 10th-12th centuries, science flourished in Movarounnahr, the application of Islamic law became a social necessity for the development of society, and many scholars of jurisprudence decorated the world of jurisprudence with a set of fair laws. In particular, Burhoniddin Marginani gained a great reputation not only among the rulers, scholars, but also among the common people as a "leader of the path of guidance". His work "Hidaya" gained great fame among Muslim jurists. Amir Temur, who was well aware of such works on jurisprudence, carefully studied the documents of state importance, such as "Yaso" and "Mangu yorliq" of Genghis. Ibn Arabshah writes in the book "History of Amir Temur": "Temur used to read history books, ... stories of prophets, tsars' poems and stories about the past predecessors, and listened diligently. He went to the point that if the student made a mistake, Temur would correct his mistake and ask him a question.
The society has its own necessary laws, and if those necessary laws are not formed, it is inevitable that various inequalities will arise in the society and thereby undermine the development of the state. Therefore, Amir Temur's huge centralized empire, which united 27 states, naturally had to be created on the basis of a set of laws and strictly followed.
There was a set of rules developed by Amir Temur on the basis of his life experiences and raised to the level of law by his judgment, which should be made into a collection and left as a guide for his successors in the form of a system of laws, life experience and advice. This collection is based on historical works and translations in different languages: "Temur tuzuklari", "Tuzukot Temuriy", "Temur's Sayings" and "Voqeoti Temuri" - "Temur's Experiences", "Qissai Temur", "Malfuzoti Temuriy", "Temur qissasi" - "Temur's Story", "Zafar yo'li", "Zafarnoma", "Tarjimai hol", "Esdaliklar", "Tanziymot" (new laws and regulations, reform), when translated from Turkish Chigatoi to Russian, it is known as "Dastur ul amal" instead of Malfuzot and Tuzukot.
The word Tuzuk originally means "Collection of Laws" and "Regulation" in the old Uzbek language, related to jurisprudence. The regulations are "a set of (departmental) administrative and military rules and procedures used in the administration of the state during the time of Amir Temur", Arab researcher Mazhar Shihab evaluates [3].
Such a huge state mechanism, which formed the sole government of the Middle Ages, could not function without legislation that ensured internal order and discipline. The ruler himself understood this deeply and showed it in "Tuzuklar" [4]. Summing up his experiences in this regard, he said, "I have seen in my experience that if the state is not built on the basis of religion, if it is not tied to a trap, then such a state is like a house without a ceiling, an open top, and no doors, where people of all backgrounds can easily enter and leave," he says. In this case, religion is understood in the sense of religious order and rules, discipline and customs, and their implementation, tura - customary rights, tuzuk - documents adopted as a result of secular legislative activities of rulers. So, this conclusion reflected the system of sources of law in action at that time. Based on this, the sources of law in force in the state of Timur can be grouped according to their tune.
Due to the dominant position of Islam in the state, and the fact that the peoples included in it mainly believed in this religion, Muslim law was considered the main source of law.
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Muslim law is a legal system that emerged in the Middle Ages with the emergence of the Islamic religion and the establishment of the Arab theocratic state, and which combines religious (canonical) and secular law (fiqh). Within the framework of Amir Temur's state, his Hanafi sect, which was widespread among the Turkic peoples, was firmly established. At this point, it should be noted that the Muslim law was in practice in all Islamic countries, including the state of Temurbek, without change. Because here Muslim law has been filled with secular legal norms, just like "Temur tuzuklari".
Since the state was a military monarchy, the army and the class of the population serving in it were composed of people from Turkish and Turko-Mongol clans, and the ancient Turkish legal customs (tura) served as the second source of law. In particular, there were many legal customs regarding the election of the head of state, the army and its formation and maintenance, some matters of family and marriage, such as captivity, as well as the use of water [5]. Later, when "Tuzuklar" was written, these customs and matters related to military construction were strengthened by written legislation.
Secular legislation - documents of normative (general) constitutional significance, such as "Temur tuzuklari", were also adopted in the state, along with decrees and tarkhan labels, which were written in Turko-Chigatay and Persian languages, which create individual subjective rights. If we consider the constitution as a legal document - the main source of law, and if we proceed from the strengthening of the basic principles of state administration, structure, legislation, the structure and tasks of state authorities and administrative bodies, the judicial and military construction, as well as the regulation of financial systems, then "Tuzuklar", is undoubtedly a constitutional document.
Because all these issues are reflected in the "Tuzuklar" and legal regulatory measures are defined. When grouping the legal norms in it according to the current branches of law, the situation can be seen as follows:
a) state legal norms - the head of state, ministers, devans (network management bodies), devanbegi, principles of state management (consultation, council, advice, based on type and trap), local government, military and civil administration, and border regions in order to implement to give etc.;
b) norms of civil and financial law - land, forms of property: suyurgol, iqto, tanho, the procedure for giving them, obligations of those who receive such properties, deposits, taxes, provision of soldiers wounded and killed in battle, etc.;
c) criminal and criminal-procedural law - punishment for crimes, organization of justice houses, courthouses - dorul-amorat in every city, military judges, ahdos and raiyat judges, their appointment, punishment for perjury, etc.;
d) military legal norms - includes issues such as formation of the army, its command structure and support, material and moral incentives of military service and employees, formation of military groups, balls and departments.
The above points show that the state of Timur was a strong, great state, with a strong legal system, and the law was protected by various measures.
REFERENCES
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INNOVATION: THE JOURNAL OF SOCIAL SCIENCES AND RESEARCHES
VOLUME 1, ISSUE 4, 2023
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1. Sohibqiran Temur - is a great general and a just king. URL: https://surgery.med.tma.uz/ru/archives/2642 (date of reference: 09.07.22).
2. Ibn Arabshah. Miracles of the fate of Temur's history. -Tashkent. Institute of the History of the Peoples of Central Asia named after Makhpirat. - P. 49.
3. Ubaydulla Uvatov. Sahibqiran in the eyes of Arab historians. -Tashkent: Sharq, 1997, 131 p.
4. Temur tuzuklari. Translated from Persian by Alikhan Soguni and Habibullo Karomatov. Under the editorship of B. Ahmedov. - Tashkent: Literature and Art Publishing House, 1996. 27 p.
5. Z. Muqimov. Historical sources of the law of Uzbekistan. - Samarkand: Zarafshan, 1996. -P.
59-64.
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