К истории юридической науки в Золотой Орде

Золотоордынское обозрение. 2020. Т. 8. № 4. С. 737–752.

Pochekaev R. Y.

Abstract: Research objectives: This article contains a characteristic of the jurispru-dence in the Golden Horde (Ulus of Jochi). The author considers basic stages of develop-ment of the Golden Horde’s jurisprudence and uncovers its scholarly centers located within its territory.
Research materials: This research was carried out on the basis of the classical and most recent works on the history of the Golden Horde and its specific aspects (including those that began to be studied by specialist only recently). It was also based on the sources including those which were introduced into scholarly circulation relatively recently; for example, works of medieval eastern authors that were not previously known to a wide range of researchers or were not typically employed as sources on the history of the Golden Horde.
Novelty of the research: Following the example of specific scholars (specialists and lecturers in law), the author characterizes basic directions of the development of the Golden Horde’s jurisprudence, while analyzing academic contacts of the Golden Horde’s scholars and the process of “academic mobility”. Also, the author pays attention to the Golden Horde rulers’ support of jurisprudence and the reasons behind its flourishing in the first half of the fourteenth century and its decline by the beginning of the fifteenth century.
Research results: The author has found that the Golden Horde’s jurisprudence was undoubtedly part of jurisprudence of Islamic Eurasia in general, but at the same time had specific “Golden Horde” features. These determined the basic stages and directions of its development and even had an influence on the life and activity of specific scholars. It pro-vides justification to speak of the original character of the Golden Horde’s jurisprudence and perspectives in regard to its further research: the study of the Golden Horde’s written monuments (legal and non-legal), biographies of specific scholars, etc.

Keywords: юриспруденция, мусульманское право, jurisprudence, Золотая Орда, Muslim law, Golden Horde, традиционное право, traditional law, мазхабы, международное научное сотрудничество, international scientific cooperation, maddhabs