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Historic-Legal Aspects of Forensic System in Kokand Khanate

Author (s)

Muhitdinov Alisher Abduvakhidovich

Abstract

The article dwells on the system of forensic machinery formation in Kokand Khanate, its frameworks, hierarchy of judicial corps, legal proceedings on criminal cases and application of penalties in reference to the formers; the author describes also the places assigned for freedom privation [zindan (Moslemic jail)]. It is underscored that legal proceedings beset with felonies were effectuated both according to the norms of shariat based on Sheikh Burkhoniddin Ali al-Marghinani’s composition “Al-Hidoya” and in conformity with diverse kinds of sanctions established by local governors; the formers not infrequently breaking Shariat norms. Kazi’s (Moslemic judge) verdict on all the affairs was based on personal and witnesses evidences, oath of allegiance, written proofs; mufti’s rivoyat (statement) serving as an undoubted assertion too. The author gives also a describtion of carrying a sentence into effect.

Keywords

Kokand khanate, forensic system, “Al-Khidoya”, Sheikh Burhoniddin Ali al-Marginani, mingbashi, sentence execution order

References

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