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Paper Information

Journal:   JOURNAL OF HISTORICAL STUDIES OF ISLAM   spring 2018 , Volume 10 , Number 36 ; Page(s) 91 To 111.

Investigation of the Judicial Process and Legal Procedures in the Transoxiana Area on the Verge of the Russian Invasion Case Study: Bukhara Tribal Ruling

* Department of History, Arak University
The main purpose of this paper is to understand the main components in the formation of procedures and mechanisms of the judicial system of the Transoxiana area before the domination of the Russians. The area was mostly under the rule of three tribal rulers in Bukhara, Khoqand and Khiva. The Menghit's Government (1199-1339 AH) in Bukhara was more important than others in terms of regional influence. For this reason, this tribal ruling is at the center of this study. Accordingly, it has been tried to investigate the legal characteristics of the Transoxiana area in order to answer the question that which patterns and procedures have been followed by the Bukhara tribal ruling during the Menghit's Government? The findings show that the ruler's authority along with the two elements of tradition and religion were the most prominent patterns of governing the judicial structure of the society in Transoxiana. At the same time, judicial systems in the urban regions followed relatively different structures than the judicial structures of the migratory groups.
Keyword(s): Transoxiana,Bokhara,Judicial process,legal procedure,punishment
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