From the history of the appointment, judgement and investigation functions of qadis (judges) in Turkestan

(1) Background: This article explores the historical evolution of qadi (Islamic judge) institutions functioning in Turkestan during the late 19th and early 20th centuries. It addresses the legal, administrative, and socio-cultural aspects of qadi courts, highlighting their influence on local governance, economic relations, religious life, and legal consciousness. The study raises a central question: how did the functioning of qadi courts reflect and shape the broader legal and societalframework of Turkestan under Russian colonial rule? (2) Methods: The research is based on a historical-legal methodology, and secondary historiographic materials. Comparative analysis was employed to evaluate traditional Islamic judicial ractices in relation to the colonial administrative system. (3) Results: Findings reveal that qadi courts retained a significant degree of autonomy and played a pivotal role in resolving civil disputes, conducting notarial procedures, and preserving ustomary legal values. Their procedures, legal foundations, and written rulings were instrumental in maintaining social order and legal continuity in the region. (4) Conclusion: The study concludes that the qadi courts of Turkestan served not nly as judicial institutions but also as vital instruments of cultural preservation and legal adaptation. Their legacy reflects a nique synthesis of Islamic jurisprudence and colonial legal influences.

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Publication Details

Journal
J Open
Published
2025-04-01
DOI
https://doi.org/10.70728/jopen.his.0125.001
Primary Topic
Emergency Medicine Education and Research
Type
article
Field-Weighted Citation Impact
0.00
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article

From the history of the appointment, judgement and investigation functions of qadis (judges) in Turkestan

Venera Khairullayeva, Baxtiyor M. Rasulov, Kakhramon S. Karimov
J Open
Emergency Medicine Education and Research
article

From the history of the appointment, judgement and investigation functions of qadis (judges) in Turkestan

Venera Khairullayeva, Baxtiyor M. Rasulov, Kakhramon S. Karimov
article en

Abstract

(1) Background: This article explores the historical evolution of qadi (Islamic judge) institutions functioning in Turkestan during the late 19th and early 20th centuries. It addresses the legal, administrative, and socio-cultural aspects of qadi courts, highlighting their influence on local governance, economic relations, religious life, and legal consciousness. The study raises a central question: how did the functioning of qadi courts reflect and shape the broader legal and societalframework of Turkestan under Russian colonial rule? (2) Methods: The research is based on a historical-legal methodology, and secondary historiographic materials. Comparative analysis was employed to evaluate traditional Islamic judicial ractices in relation to the colonial administrative system. (3) Results: Findings reveal that qadi courts retained a significant degree of autonomy and played a pivotal role in resolving civil disputes, conducting notarial procedures, and preserving ustomary legal values. Their procedures, legal foundations, and written rulings were instrumental in maintaining social order and legal continuity in the region. (4) Conclusion: The study concludes that the qadi courts of Turkestan served not nly as judicial institutions but also as vital instruments of cultural preservation and legal adaptation. Their legacy reflects a nique synthesis of Islamic jurisprudence and colonial legal influences.

J OpenVol. 1(01)
Kazakh Ablai Khan University of International Relations and World Languages (KZ), Kokand State Pedagogical Institute named after Mukimi (UZ), Andijan State Medical Institute (UZ), Andijon Davlat Pedagogika instituti
Openalex Percentile: Top 89%
Emergency Medicine Education and Research
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