DOI:
Keywords
Sayasat-Ul Sharia, Law, Statute, Ulys, Decision, Norm, Provision, Sharia, Crime, Punishment
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.