Seeking Justice at the Court of the Khans of Khiva

Paolo Sartori, Ph.D. (2006), University of Rome ‘la Sapienza’ is Senior Fellow at the Austrian Academy of Sciences. He is the author of Visions of Justice: Sharīʿa and Cultural Change in Russian Central Asia (Brill, 2016) and is the Editor-in-Chief of the Journal of the Economic and Social History of the Orient. Ulfat Abdurasulov, Ph.D. (2009), History Institute, Tashkent, is Senior Fellow at the Austrian Academy of Sciences. A recipient of many grants, he published in many scientific journals such as Iranian Studies, Ab Imperio, Eurasian Studies, Islamic Law and Society, and Der Islam.

Contents

Preface and Acknowledgments

Note on Transcription and Nomenclature

Glossary



Introduction

 1 Crime and Punishment in an Uzbek Khanate

 2 The Historical Setting

 3 Who Were the Yasāvulbāshīs?

 4 ʿArż as a Form of Governance

 5 On Protocol

 6 Documents

 7 What Was the Cost of the ʿarż?



Documents



1 Rescripts

 Document 1 28 Ẕī al-ḥijja 1328 / 30 December 1912. A Rescript by the yasāvulbāshī about a Dispute over Inheritance

 Document 2 9 Shavvāl 1328 /13 October 1913 A Rescript by the yasāvulbāshī about a Dispute over the Payment of Dowry

 Document 3 13 Shavvāl 1328 /17 October 1913. A Rescript by the yasāvulbāshī about a Dispute over Landownership

 Document 4 23 Ẕī al-ḥijja 1328 / December 25 1910. A Rescript by the yasāvulbāshī about a Marital Dispute

 Document 5 17 Ẕī al-ḥījja 1328 / 19 December 1910. A Rescript by the yasāvulbāshī about a Dispute over Debts
 Document 6 7 Shavvāl 1328 / 11 October 1910. A Rescript by the yasāvulbāshī about a Dispute over an Ancestral Undivided Property

 Document 7 17 Shavvāl 1328 / 21 October 1910. A Rescript by the yasāvulbāshī Instructing an Attendant to Investigate the Circumstances of a Dispute

 Document 8 13 Ẕī al-qaʿda 1336 / 20 August 1918. A Rescript by the yasāvulbāshī about a Dispute over a Contested Inheritance

 Document 9 7 Rabīʿ al-s̱ānī 1336 / 19 January 1918. A Rescript by the yasāvulbāshī about a Dispute over Landownership
 Document 10 24 Rabīʿ al-avval 1335 / 7 January 1917. A Rescript by the yasāvulbāshī about a Dispute over Landownership

 Document 11 17 Shaʿbān 1328 / 26 May 1918. A Rescript by the yasāvulbāshī about a Case of Murder



2 Reports

 Document 12 8 Shavvāl [?]. A Report by qāżīs to the yasāvulbāshī about a Marital Dispute

 Document 13 4 Rabīʾ al-s̱ānī 1335 /27 January 1917. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Custody

 Document 14 24 Ṣafar 1334 / 30 December 1915. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over a Dowry

 Document 15 Jumādī al-s̱ānī 1336 / March 1918. A Report by a Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 16 Rabiʿ al-avval 1335 / December 1916. A Report by a Provincial Governor to the yasāvulbāshī about a Case of Domestic Violence

 Document 17 27 Rajab [1330] / 12 July [1912]. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Water Rights

 Document 18 22 Jumādī al-avval 1335/ 15 March 1917. A Report by a Provincial Governor to the yasāvulbāshī about Maintenance Works of the Irrigation System

 Document 19 1328 / 1910. A Report by qāżīs to the yasāvulbāshī on Land Assessment Works

 Document 20 19 Ẕī al-ḥijja 1334 / 16 October 1916. A Report by a Provincial Governor to the yasāvulbāshī about a Marital Dispute

 Document 21 27 Ramażān 1336 / 6 July 1918. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Debts

 Document 22 16 Rabīʿ al-s̱ānī 1335 / 8 February 1917. A Report by Provincial Governor and the qāżīs to the yasāvulbāshī about a Dispute over Landownership

 Document 23 27 Shaʿbān 1336 / 08 June 1918. A Report by a Provincial Governor to the yasāvulbāshī about the Death of a Man Involved in an Altercation

 Document 24 Jumadī al-s̱ānī 1336 / March–April 1918. A Report by a Provincial Governor to the yasāvulbāshī about Malfeasance

 Document 25 7 Muḥarram 1336 / 23 October 1917. A Report to the yasāvulbāshī about a Case of Murder

 Document 26 19 Jumādī al-s̱ānī 1332 / 14 May 1330. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Landownership

 Document 27 1335 / 1916-1917. A Report by a Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 28 8 Muḥarram 1335 / 3 November 1916. A Report by qāżīs to the yasāvulbāshī about a Case of Extortion

 Document 29 9 Shaʿbān 1334 / 10 June 1916. A Report by a Provincial Governor to the yasāvulbāshī about a Dispute over Losses Caused by Yomut Turkmens

 Document 30 28 Ramażān 1336 / 7 July 1918. A Report by a Provincial Governor to the yasāvulbāshī about Malfeasance

 Document 31 10 Rabīʿ al-s̱ānī 1332 / 7 March 1914. A Report to the yasāvulbāshī about the Extinguishment of a Debt

 Document 32 15 Shavvāl 1328 / 9 October 1910. A Report by a Provincial Governor to the yasāvulbāshī about the Extinguishment of Debt

 Document 33 9 Rabīʿ al-avval 1335 / 2 November 1917. A Report by a Provincial Governor to the yasāvulbāshī about the Extinguishment of Debt

 Document 34 n.d. A Report of qāżīs to the yasāvulbāshī about a Dispute over Landownership

 Document 35 8 Ramażān 1336 / 17 June 1918. A Report by a Provincial Governor to the yasāvulbāshī about Rights on a Thoroughfare

 Document 36 Jumādī al-avval 1336 / February–March 1918. A Report by a Group of Officials to the yasāvulbāshī about a Dispute over Taxes in Favor of Yomut Turkmens



3 Notifications

 Document 37 8 Ramażān 1334 / 8 July 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Assault and Robbery

 Document 38 25 Ẕī al-qaʿda 1334 / 22 September 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 39 25 Ẕī al-qaʿda 1334 / 22 September 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Animal Theft

 Document 40 15 Jumādī al-s̱ānī 13[?] / [?]. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Armed Robbery

 Document 41 5 Rajab 1336 / 16 April 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery and Assault

 Document 42 n.d. A Notification by qāżīs to the yasāvulbāshī about a Case of Domestic Violence

 Document 43 Shaʿbān 1335 / May–June 1917. A Notification by a Provincial Governor and qāżīs to the yasāvulbāshī about a Man’s Death

 Document 44 18 Shaʿbān 1334 / 19 June 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Bride-Kidnapping

 Document 45 26 Jumādī al-avval 1336 / 09 March 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Bride-Kidnapping

 Document 46 7 Jumādī al-s̱ānī 1336 /19 March 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery and Homicide

 Document 47 17 Rabīʿ al-s̱ānī 1335 / 9 February 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Assault

 Document 48 22 Rabīʿ al-s̱ānī 1335 /14 February 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Animal Theft

 Document 49 22 Rabīʿ al-avval 1335 / 15 January 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Double Homicide

 Document 50 18 Rajab 1336 / 29 April 1918. A Notification by a Provincial Governor to the yasāvulbāshī about Multiple Cases of Robbery and Homicide

 Document 51 Dhī al-s̱ānī 1335 / September–October 1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 52 5 Shaʿbān 1336 / 15 May 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Dispute over Rights of Inheritance

 Document 53 12 Ẕī al-qaʿda 1336 / 19 August 1918. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Animal Theft

 Document 54 15 Jumādī al-avval 1335 / 8 March 1915. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Homicide

 Document 55 5 Jumādīʾ al-avval 1329 / 3 March 1911. A Notification to the yasāvulbāshī about a Case of Homicide

 Document 56 25 Ṣafar 1335 / 20 December 1916. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 57 2 Jumādī al-avval 1335 / 24 February 1917. A Notification by Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 58 27 Rajab 1339 / 5 April 1921. A Notification by a Provincial Governor to the yasāvulbāshī about a Case of Robbery

 Document 59 1334 / 1915–1916. A petition to the yasāvulbāshī regarding a Case of Robbery and Assault

 Document 60 1335 / 1916–1917. A Notification by a Provincial Governor to the yasāvulbāshī about a Dispute over an Unpaid Debt

 Document 61 14 Ẕī al-qaʿda 1337 / 10 August 1919. A Letter by the Turkmen Yomut Leader Junayd Khān to the yasāvulbāshī about the Appointment of a New qāżī to Solve Conflicts among the Ata Turkmens

 Document 62 8 Ramażān 1332 / 30 July 1914. A Notification by a Provincial Governor to the yasāvulbāshī about the Intention of the Disputing Parties to Solve the Dispute before the khan

 Document 63 24 Rabīʿ al-s̱ānī 1332 / 21 March 1914. A Notification by a Provincial Governor to the yasāvulbāshī about the intention of the disputing parties to solve the Dispute before the khan



4 Qāżīs’ Reports

 Document 64 n.d. A Report by a qāżī-raʾis about the Intention of the Disputing Parties to Solve the Dispute before the khan

 Document 65 7 Shaʿbān 1267 / 6 June 1851. A Report by a qāżī-raʾis to Authorities in Khiva about the Outcome of a Conflict at a Local Bazaar

 Document 66 n.d. A Report by a qāżī to the Royal Court about a Dispute over Land Ownership

 Document 67 n.d. A Report by a qāżī to the Royal Court about an Unspecified Dispute

 Document 68 n.d. A Report by a qāżī to the Royal Court about a Conflict over an Unpaid Fee and an Ensuing Case of Assault

 Document 69 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide

 Document 70 n.d. A Report a qāżīs to the Royal Court about a Case of Homicide

 Document 71 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide

 Document 72 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide

 Document 73 n.d. A Report by a qāżī to the Royal Court about a Case of Homicide



 Facsimiles

Bibliography

Index of Places

Index of Proper Names