MAIASP. 2021. No. 13

R.Yu. Pochekaev (Saint Petersburg, Russia)

Who could be and who could not be judged by Girays: On court and trial in the Khanate of Crimea

DOI: 10.53737/2713-2021.2021.55.38.024

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Pages: 768778

The article is an analysis of the judicial functions of khans of the Crimea since 15th to 18th c. Basic levels and directions of the khans justice as the supreme court of the khanate are clarified. Besides that khans are also characterized as organizers of the court of divan, beys courts and courts of qadis in accordance with Shariat. Author attempts to answer the question why the justice of Crimean khans was substantially limited in comparison with monarchs of the Mongol Empire and the Golden Horde. At that specific feature of political statement of the Crimean Khanate (as a vassal of the Ottoman Empire and a state with unstable political situation), religious situation in the Crimean Peninsula are taken into account. The sources for the study are official documents of the Crimean Khanate such as khans yarliks, court registers, historical chronicles and notes of foreign travelers who visited Crimea in 16th 18th cc. Author finds that khans of Crimea de-jure saved Chinggisid traditions (as supreme judges in the khanate), but were substantially limited in their court power de-facto because of feudal aristocracy and courts of qadis. Nevertheless, several kinds of cases as before remained in their competence. Also khans had wide potentialities in the field of organization of the court system of khanate.

Key words: Khanate of Crimea, khans power, court and proceedings, traditional law, Islamic law, yarliks of khans, travelers notes.

Received December 16, 2021

Accepted for publication December 30, 2021

About the author:

Pochekaev Roman Yulianovich (Saint Petersburg, Russia). Dr. habil. (History), PhD (Law), Professor, National Research University Higher School of Economics

E-mail: rpochekaev@hse.ru