CC BY
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Section 2. Science of law
Kuantayev Dinmuhamed, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law
Mynbatyrova Nuraylym Kambatyrovna, candidate of juridical science, associate professor of department of theory and history of the state and law, constitutional and administrative law, law faculty, Al-Farabi Kazakh National University E-mail: [email protected]
The case decisions of Kazakh biys about the cost dispute
Abstract: As the title implies the article describes how the cost disputes were resolved in traditional Kazakh society. Author lists the norms which the cases were regulated by. It is specially noted Tauke khan’s “Zhety zhargy”. It is spoken in detail the resolution of some particular cases. It is reported the values of payments relatively to the social status of the object of crime. Author, also, names the principle of “blood to blood, soul to soul”, which was in force very long time in the Kazakh environment. Much attention is given to the example, where Tole biy resolves cases on cost disputes wisely and very skillfully. Overall, the article shows the resolution of cost disputes, making as example some particular cases.
Keywords: traditional Kazakh society, cost dispute, Zhety zhargy, principle, sultan, biy, kun.
The systems of the principles and norms which devoted to human’s life and their health started being formed from birth of the Kazakh customs and rights. These norms in the beginning to be grouped in the principle “blood-blood, soul- soul”, and then they were forced out by institute “payment of cost”. The thought that the person has to pay material payment for murder of the person or for commission of a trauma was the cornerstone of payment of cost.
In traditional Kazakh society cost disputes were solved on the norms shown in “Kasym khannyn kaska zholy”, “Esym khannyn eski zholy” and “Zhety zhargy” of Tauka khan. Therefore we have to show types of punishments which were intended for murder or for commission of a trauma. For example, the famous Russian scientist A. I. Levshin referring to “Zhety zhargy” writes: “under these resolutions, relatives of the killed have the right to deprive of life the murderer, and chopped off a hand, a foot, an ear and other has to be deprived of the same part of a body. However punishments can be softened on sentences of judges or according to claimants, and then the criminal is punished only established for any crime by a payment. The murderer returns himself life, paying in kun, that is giving for each killed man 1000, and for the woman of 500 rams. Any member who studied or chopped off to another pays similarly a certain number of cattle. The thumb costs 100 rams, a little finger 20, and so on”. And the famous researcher of “Zhety zhargy” N. Oseruly continued this chain as follows: “For the pricked-out two eyes — an overall cost; for one eye
floor of cost; for two ears floor of cost; by two hands — an overall cost; for disability — an overall cost; for each finger — the one tenth cost; for a emasculation an overall cost; for the cut-off two breasts — an overall cost; for only the noticeable baby — one nine of a penalty; till 5 months — three nine of a penalty; since 5 months before emergence on light floor of cost; from emergence on light — an overall cost”.
“Zhety zhargy” established that for murder of sultans and Hodge the cost of a penalty makes seven costs. Exact punishments for other types of murders and injuries are also established in this law. A. I. Levshin claims: “If the wife destroys the husband, she by all means indulges in the death penalty from which the patch kun if relatives don’t forgive her. Pregnant wives who aren’t punished for murder of husbands are excluded from this rule, but forever indulge in contempt and are esteemed by the disgraceful. If the husband kills the wife, he can get rid of execution if he have paid kun”.
We gave examples about murders and perfect injuries from the articles “Zhety zhargy”. Their main essence — the principle “blood-blood, soul-soul” was in force very long in the Kazakh environment. The principle of payment of cost was in parallel used with them, they supplemented each other, they competed with each other.
They were the main twin principles ofthat time. It can be noticed from decisions ofbiys that time. For example, we will consider decisions to Tole biy about cost dispute. Tole biy was not only the son of the time, but also one of authors of “Zhety zhargy”. We will consider decisions of
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The case decisions of Kazakh biys about the cost dispute
Tole biy about cost dispute according to the data which orally remained in the people. In one of data it is said that Tole biy participated in cost disputes and very skillfully solved them. The decision of Tole би about these disputes extended in the people with the word as “Almasyn bolsa moinym bar, asylyn bolsa koinym bar”.
This story has two versions. One of them wrote N. Torekulula. The second of them wrote A. Nysanala. “One batyr from the people of an oshakta killed the Dzhigit from the village of Kulnazar during a horse stealing. Here so cost dispute began” — N. Torekulula’s version so begins. It continues: “Boribay the poet a sort from Akbur anti-terrorist operation sang of this history as follows: «Oshakty Kulnazarga kyn bermeksin, alty atan, alpys zhulky pul bermeksin. Tulumdy kyz, aidarky ul bermeksin. Kulnazar kelip oldi auyilina, ishim ottai kuiedi bayirima. Eger de pul bermesen, kyn bermesen, Esekem tanba basar sayirina». Eseke who is called by the poet, it is Espembet batyr. People from an oshakta didn’t listen to it. Years passed everything. Edige who was only 14 got onto a horse singing of this dispute”.
In A. Nysanala’s versions Edige’s arrival to Tole biy is described in a different way: “... Oshakta’s Dzhigits from a first zhuz killed Kulnazar from Zhadiger of an average zhuz, they didn’t pay cost, in this regard four persons from a sort Zhadiger came to Tole biy, but it didn’t begin to spoke normal with them. He listened to the first claimant and gave the right hand, then having listened to the second gave the left hand. — Unless there was a word after them? — third claimant said about himself and started talking, but Tole biy in reply to it extended top of the lip, and in reply to the fourth claimant lower of the lip. All four couldn’t wait from Tole biy the necessary answer and went home. When they told all event Aydabol Edige biy said: — Thus Tole biy estimated all of you. When exorcized the first yours he gave two hands, he wanted to tell that you are “bouncers”. When exorcized the following yours it extended two lips, he wanted to tell that you “dismiss gossips between two brothers, you can’t finish dispute and start talking about good”. The people directed Edige to Tole biy.
We noticed from this versions that Tole biy was the judge of the time. Also it is noticeable that Tole biy didn’t answer whom — got, and received only the elite.
On stories Edige “.brought together near ten people and started on a way. When came to the village Tole biy left to them towards, greeted and passed with the words “Almasyna moinym bar, asylyna koinym bar”. Edige told “Tole biy, you don’t look in my party?”. Then biy answered: “When the law from you, equipment from
us”. Edige: “Tole biy thus finished dispute. Tomorrow it to prepare a dowry and the bride. Tole biy actually gave to him the bride and sent them to the homeland happy”.
In N. Torekulula’s versions dispute to end differently. Roofing felt biy resolved dispute thus: “Alty atasyn arka-lap zhyrgen kim bar? Zheti atasyn zhetelep zhurgen kim bar? Almasyn bolsa moinym bar, asylyn bolsa koinym bar. Byl daydin kesimi osi bolsa kaitedi, agaiyn!
Edige the first understood the decision of Tole:
- Oh, respected by all biy! Who possesses force, felt belongs to it who possesses a mouth, the word belongs to it. The told word — the shot arrow, it won’t come back. The law was from you, now and zhabyk let will be from you! — Edige told. Next day the people of an oshakta Mamay Zhadiger married one girl to the village”.
There are two objects who should pay attention. First that to Tole was ready to dispute in advance and found the fast solution. In two versions didn’t begin to speak to Tole much, and finished dispute very quickly — “Almasyn bolsa moinym bar, asylyn bolsa koinym bar”. Tole wanted to tell that the people of an oshakta didn’t admit the guilt, they were ready if payment of cost or bloody revenge deytvovat. Roofing felt at once understood that Edige didn’t come with intention “blood-blood” therefore it gave it cost and having told “asylyna koinym bar” he meant that in cost there is also a girl.
The second object, on A. Nysanaly’s versions Tole told to Edige “if the law is from you, zhabyk let will be from us”. Probably it to Tole wanted that Edige himself made the decision on payment of cost.
And on the version of N. Torekulula Edige tells this word to Tole biy. Because in this versions the decision about payment of cost speaks itself to Tole. Edige speaks to Tole: “The law was from you, now and zhabyk let will be from you”. The law means the power, word means as the decision.
Generally this dispute proves that to Tole biy could solve the whole problem in a word which didn’t find the solution between the whole people during many years.
One more of decisions in which Tole biy dispute Abilkhayr who arose in connection with death of the khan participated. The Russian materials gave the chance to restore a picture between Abylkhayr khan and Barack sultan. First, dispute between two generations Chingis khan began for a long time. Secondly, Abylayr khan was close with russian officials, Barack sultan couldn’t see it. Thirdly, Abylkhayr robbed Barack’s caravan going with Hiya. Fourthly, maintaining the power by Karakalpaks in the Younger zhuz became the reason of big dispute. Dispute ended with death Abylkhayr khan.
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Section 2. Science of law
Not only Barack is involved in murder Abylkhayr khan. Others also were incited against Abylkhayr. Among them there were also Barack’s sons-Kayyp and Syrymbet batyr. And Barack struck with the hands the last blow and did it.
The first court of the biy found Barack guilty, on “Zhety zhargy” he had to pay seven costs. But Adylkhayr took to his sons only two costs and then the sons of Ab-ylkhair khan killed Syrymbet batyr.
Abylkhayr’s sons didn’t stop it. They wanted to revenge Barack sultan. Therefore Barack sultan in the second time addressed to court of the biy. This time he asks that to Tole biy solved this problem.
And according to N. Torekulula, sons Abylkhayr khan addressed in the second time to Tole biy. It brought together Ayteki biy, Syrymbet biy, Eseykhan biy, Zhalgan biy, Dosay biy, the Daba biy, Kabek biy and others. Then he carried out court. The court lasted for a long time. According to the decision to Tole biy, Barack biy wasn’t punished.
Tole biy second time helped to Barack biy. Roofing felt recognized the second court of biy correct and considered wrong, to punish Barack biy in the second time. It could apply correctly the decision as “Bir koidan eki ret teri
sypyrylmaidy” Here so court of the biy Barack biy made the decision regarding. It executed the decision, that is gave to Sons two costs. Then they killed his son. After that the court didn’t begin to apply any measures about Barack.
As we see, the court of biy functioned for the good of national unity. In their decisions the purpose biy lies. Also they could apply skillfully the principles and norms which arose in the Kazakh society.
One more news from outside biy became Tole that he adopted the new law about the person, died in cold. It introduced the following law for the person who didn’t help umerashchy with cold. If he was in a wolf fur coat that it has to pay a cost floor if in a mutton fur coat that it had to come true. Under this law in materials in committee of Semey area it is told: “... Tola investigating case of the frozen person who didn’t rescue passing, it was expressed about the last that he has to pay У2 kun for frozen if was itself in a wolf fur coat and has to be acquitted if was in a mutton fur coat”.
These materials show that decisions were made on “Zhety zhargy” and other principles, and on new samples of decisions.
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Murabildaeva Meruert Alimahunovna, Al-Farabi Kazakh National University, master student 1st cours, Faculty of Law E-mail: [email protected] Useinova Karlygash Rakhimzhanovna, candidate of law science, department Theory and History of State and Law, Constitutional and Administrative Law
The history of development civil society
Abstract: Legal state law protects interests all the people, the interests of social groups and represent the freedomlegal state law protects interests all the people, the interests of social groups and represent the will of the people. It is known in legal state of each article, each point of law has the advantage.
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