THE LEGAL SYSTEM IN AZERBAIJAN IN THE 13TH–14TH CENTURIES

Abstract

This article explores the organization and development of the legal system in Azerbaijan during the 13th and 14th centuries. It focuses on the legal frameworks, types, and forms of law implemented by the states established in the region during this period, particularly the Ilkhanid dynasty, based on early written sources and scholarly research. The study aims to shed light on the evolution of legal thought in Azerbaijan, the structure and functions of the state, legislative authority, and judicial institutions, drawing on information from some of the earliest available sources.
The article also investigates the contributions of prominent scholars and statesmen who lived in Azerbaijan during the specified period and their influence on the legal system’s development. Particular attention is given to the specific features of the legal and judicial systems that played a vital role in Azerbaijan’s statehood history. Initially, the research examines the rules and legal frameworks employed by the Mongols in governance, legislation, and judicial affairs, specifically in relation to qaza (Sharia-based) and yargu (customary) cases, prior to their invasion of Muslim territories.
Subsequently, the article discusses significant changes introduced into the legal and judicial systems in Azerbaijan following the Mongol invasion, especially during the Ilkhanid rule. The findings indicate that the Mongol yargu laws held legal authority comparable to Islamic Sharia law in Mongol society. Judicial cases involving Mongol and Turkic tribes in the 13th–14th centuries were primarily adjudicated under yargu laws, while cases involving the local Muslim population were resolved in accordance with Islamic Sharia and fiqh principles. It is also noted that yargu courts were overseen by Mongol clergy, while Islamic courts were administered by Muslim religious authorities.