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Adam alemi
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Adam alemi
Article . 2020 . Peer-reviewed
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«Siyasat-ul Sharia» as a Synthesis of National Customs and Sharia

Authors: M. Isahan; A. Shagyrbay; S. Olzhabayev;

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

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

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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