The History of Qazi Courts in Turkestan

Abstract

 The history of Qazi courts in Turkestan reflects the long-standing continuity of Islamic judicial traditions within the changing socio-political landscape of Central Asia. Functioning under the Kokand and Bukhara Khanates, the Qazi courts served as the main institutions of justice, administration, and moral governance, operating on the basis of Sharia law and Hanafi jurisprudence. With the expansion of the Russian Empire into the region during the nineteenth century, the Qazi courts underwent a significant transformation: their jurisdiction was restricted mainly to family, inheritance, and waqf-related matters, while their autonomy was gradually curtailed under imperial supervision. Despite these reforms, the courts remained vital to local governance, maintaining legitimacy through their role in adjudicating disputes, authenticating documents, and preserving community cohesion. Drawing on archival sources, legal manuscripts, and historical scholarship, this study examines the structural evolution, functions, and adaptation of Qazi courts from the pre-colonial period to Tsarist rule. The findings reveal a dynamic process of legal pluralism in which Islamic law coexisted with Russian imperial legislation, producing a hybrid system of governance. The endurance of the Qazi institution underscores the resilience of Islamic jurisprudence and its capacity to balance religious tradition with political transformation.