RELIGIOUS AND ISLAMIC STUDIES

«Siyasat-ul Sharia» as a Synthesis of National Customs and Sharia

Vol. 4 No. 86 (2020), RELIGIOUS AND ISLAMIC STUDIES
Vol. 4 No. 86 (2020)
2020-12-26 Number of views: 140
Olzhabayev Sultankhan
Nur-Mubarak Egyptian University of Islamic Culture
Isahan Muhan
Nur-Mubarak Egyptian University of Islamic Culture
Almasbek Shagyrbay
Institute for Philosophy, Political Science and Religius Studies e-mail: almasbek85@gmail.com

Keywords

Sayasat-Ul Sharia, Law, Statute, Ulys, Decision, Norm, Provision, Sharia, Crime, Punishment

Abstract

The article provided new materials for the study of the main provisions of the “great YASA” which was the basis of the historical-legal sources of the Kazakh people “Righteous path of Kassym Khan”, “Zheti Zhargy” of Tauke Khan, in addition, the proposed legal framework and preconditions of interconnection with the requirements of Sharia.
The study shows the changes in the history of the country’s rule and the adoption of Islam by the descendants of Genghis Khan, provides scientific links to the legal synthesis of political processes in a nomadic society. In addition, opinions on the emergence of the term “sayasat-ul sharia” in the science of sharia are studied and shown. In Kazakh society, there are examples and grounds for using “sayasat-ul sharia”.
For scientific conclusions, Tauke Khan’s “Zheti jargy” was taken as a basis, the legal sections of the law and some of its norms were compared with the prescriptions of Sharia. Criminal penalties for attempted murder in the law “Zheti Zhargy” and punishment (retribution) in Sharia were taken as a basis, features and similarities were analyzed, scientific conclusions were given. Scientific hypotheses are proposed that “Zheti jargy” is the result of the synthesis of two legal cultures.

How to Cite

Sultankhan, O., Muhan, I., & Shagyrbay, A. (2020). «Siyasat-ul Sharia» as a Synthesis of National Customs and Sharia. Adam Alemi, 4(86), 90–98. https://doi.org/10.48010/2020.4/1999-5849.09