Hanafi Legal Documents in Transoxiana

Abstract

The article is based on most recent accomplishments, conclusions and methods in World Islamic and historical sciences. The historicalcomparative method was applied to study the sources including various manuscripts of Law and many other sources written in Arabic that are available in the Fund of Manuscripts of the Institute of Oriental Studies under Academy of Sciences of the Republic of Uzbekistan. It relys on recommendations, conclusions of research works and the conceptions related to the history of civilization of the Central Asia that were stated by leading scientists of our country and foreign countries such as Schacht Joseph, Monika Gronke, Ulrich Rebstock, Chehata Chafik, Emile Tyan, Chalmeta P; Carriente F, Riberta J., Asin, Jeanette A. Wakin, Michael Thung, Wael Hallaq, Carl Brockelmann. The aim of the article is to illuminate the role of literature on juridical documents in the development of divinity science in Transoxiana in XXIII centuries. Moreover, to illum inate the importance of such works in regulating the social relations of the cultural life of our society. To highlight the historicaljuridical forms, the oretical and practical foundation of juridical documents functioning in the world of Islam and Transoxiana in XXII I centuries that was the important part of the social life. Keywords: Abbasids, waqf, fiqh, faqih, shurūt, mahdar, sijill, qādī, fatāwa, Transoxiana, Hanafi, madhhab. The scholars of Hanafi madhhab in such big cities of Central Asia as Bukhara and Samarkand were actively involved into socialpolitical life during 10 th �13 th centuries. And the introduction of Hanafi madhhab into this area and the way of its development was studied by many Western scholars (Gronke, 1982). It is known that faqih (Islam lawyers) were the main executors of social and political government of a society in Transoxiana during the 10 th �13 th centuries. The specific feature of that period was that, Sultan appointed both rais (who was occupied with religious affairs) and amīr (the representative of the government) in one city. Rais made policy to strengthen Sunnism in the territory of the occupied countries. Here faqih family members as Āli Burhān(1) family assisted them. They also paid much attention to weaken their political enemies, especially shi'a groups who were near the capital of the country Khurāsān . In order to accomplish these tasks they used Hanafi scholars of Khurāsān and Transoxiana. Those scholars made a lot of afford to strengthen Hanafi madhhab in Central Asian countries and decrease shi'as status. The ruling dynasties as Samanids, Karahanids, Gaznavids and Saljukids Sultans in order to obey the people made benefit of Islam faqihs' participation in it. The period which the article will cover is considered as the second part of development of Islamic History in Central Asia. That is mutual impact and assimilation of Islamic cultures. The article will also deal the activities of qādī and qādī courts which were as means between Sultan and his people in social life of Transoxiana during 10 th �13 th centuries. Judicial-legal problems in Islam were always connected with the level of statehood development, the complexity or simplicity of relations in society. That is why qādī 's activity was developed in specific level in every period. And beginning from the 10 th �13 th century in the territory occupied by Arabs, qādī courts become an