THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA (XIV-XV

CENTURIES)
Author(s): Mansura Haider
Source: Central Asiatic Journal , 1984, Vol. 28, No. 1/2 (1984), pp. 57-79
Published by: Harrassowitz Verlag

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THE MONGOL TRADITIONS AND THEIR SURVIVAL
IN CENTRAL ASIA (XIV-XV CENTURIES)

by
Mansura Haider

Aligar h

The Timurid and the Mughal chronicles frequently refer to Tura or

Yasa as being the source of several aspects of their polity, ad-
ministrative policies and social behaviour. The glimpses of Mongol
traditions in Central Asia in XIV- XV centuries also indicate at
least to some extent a survival of the Mongol customs in the ter-
ritories ruled bay Chaghatai, the great guardian of the Yasa. Be-
fore examining the nature and the extent of the impact of the Yasa
on Central Asian institutions, it appears pertinent to ask whether
there really existed a document known as Yasa and, if so, what
precisely were its contents. The second whether the laws of Yasa
were themselves original and purely Mongolian or were simply a
conglomeration of multifarious impressions gathered from the vast
cultural and military zones joined together by the Mongols into
one big Empire. An attempt has, therefore, been made in this
paper first to discuss briefly the salient features of the Mongol
traditions, their gradual development in a mongol racial and eth-
nographic context, the sources of their influence and the contents
of the Yasa. This is followed by an attempt to analyse the subse-
quent impact of the Yasa on the succeeding generations and par-
ticularly upon the Timurid Empire.

Yasa and its Contents

The detailed descriptions found in various sources prove beyond

doubt the existence of certain laws of administration as evolved by
Chingiz Khan. Although Qazvïnï refers to the Mongol conques

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58 MANSURA HAIDER

and gives a detailed dynastic his

remotely mention anything c
firms that 'Chingiz Khan had
punishment for the infringeme
death.'2 Ibni-' Arab Shãh also s
written down in Uighur languag
of its contents.3
Not only the very early Mongol/Chinese works like the Secret
History of the Mongol refer to a 'Blue Book' but the Persian
sources also from Rashid'Uddin, Banakiti and Juwaini to Mir-
Khond refer to the Yasa of Chingiz Khan, Travellers like Carpini,
Marco Polo and Ibni Batuta also emphasise the influence of the
Yasa of Chingiz Khan. The codification of the Yasa and its preser-
vation in the treasury of the princes is specifically recorded; its
original text is said to have been preserved for three generations.4
Notwithstanding an initial aversion of Chingiz Khan for urban and
mercantile culture of the Chinese or Muslims, he had trained
Uighur, Muslim and Chinese officers to help him in administration
and thus he did have access to enough bureaucratic 'expertise' to
prepare a code of laws and conduct for the benefit of his own
heirs.5
The document compiled was, therefore, called as naubehatan
(new precautions and convictions) since it was supposed to serve
as a "valuable beacon highlighting the past and the light-house as
reminder for future generations." Adherence to these laws gave a
promise for future greatness and prosperity.6 The Yasanäma was

1 Hamdullah Mustaufì Qazvini: Ta'mkh-i Gûzlda ed. by Dr. Abdu'l-Husain

Nawâ'ï 1339, pp. 580-623; Nuzhatu'l-qulüb , Bombay ed.
2 Tabaqat-i Nãsirí Eng. tr. by Raverty, Vol. II, p. 1107.
3 I A Ajaib'ul-Maqdur Eng. tr. Sanders, London 1936, p. 321.
4 Juvainï: Ta'rïkh-i Jahãngushã , Leiden 1911, Vol. I, p. 17; The Commen-
tary of Father Monserrate , Eng. tr. by Hoyland, 1922 Appendix p. iii;
Barthold, Sochinenija' vol. V, Moscow 1968, p. 173; The Secret History of
the Mongols Eng. tr. by Weikwei sun, Aligarh 1975, introduction pp.
23-25.
5 Juvainï, p. 17; al-Juzjânï; Tabaqãt-i Nâsirï Eng. tr. by Raverty ii, p. 114;
Travels of Changchun, Medieval Researches, Vol. I.
Ibni Arab Shäh: Hakîkatu'l-Khulafâ' , I, 232; 'Ajäibu'l-Maqdür 586-588;
Sochinenija , Vol. II, p. 255; Barthold, Turkestan down to Mongol Inva-
sion ; Peter Brent, The Mongol Empire, London 1976, p. 43.
6 Fakhruddin Abu al-Banäkati: Tďnkh-i Banakatï , ed. by Jafar She'ar,
Tehran 1338, p. 372; Tarïkhi wassãf u'l hazrat, Tehran 1338.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 59

to be consulted on all important occasions e.g. at the time of selec-

tion of each new Khan, at the coronation ceremony for arrang
ments of army, at assemblies of princes and in affairs of manage-
ment7 etc. Similarly the amirs of the Tumans, Hazãrahs an
Sadahs were to come at the beginning and towards the end of each
year to listen to the Yasa to enable them to govern for otherw
"they did not deserve the leadership."8
With such details available about its codification, observance
and influence, the existence of the 'code of Chingiz Khan' can not
altogether be denied. The reason why the text has not survived
might be due to the fact that no attempt was made for its preser-
vation by the later sovereigns having a somewhat different reli-
gious and imperial outlook. Nevertheless, its continuance as a ver-
bal tradition passing from generation to generation though often in
a limited sphere and among a particular group with varying de-
grees of following is amply borne out by the sources.
While admitting that the Code was a reality, the confusion cre-
ated by available "raw material" on the clauses of Yasa and the
consequent hindrances caused for a reliable reconstruction of the
situation must also be taken into account. It ist interesting to note
that the much talked of and publicised Yasa was never seen or
used by those very historians who compiled its clauses on the basis
of oral tradition or by even those travellers who had emphasised
the influence, observance and transgression of Yasa. Although
Almaqrizi refers to AI Burhan as the one who had seen the Yasa,
the other sources do not mention any person who had seen or read
them.
The author of Mu'izz al-ansãb categorically speaks about the
preservation of Yasa while confirming that "no one outside his
family and that of the King had seen this book." It is, therefore,
not surprising that the contents of the Yasa are found only in
fragments scattered in various sources. Notwithstanding the
paucity of the material on the subject a study of the Yasa' s con-
tents as far as these have survived is essential for an understand-
ing of the nature of the polity Chingiz and his successors con-

7 Juvaini 16-18; $ubhu'l 'ashď, IV, pp. 310, 1-12-311.

8 Rashldu'd-din Fazl'uT-lah: Jami'u-t-tawãrikh, Tehran AH 1338, p.
435-436; Banâkatï 371-372.

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 60 MANSURA HAIDER

structed in course of time. Wit

data available on the subject, a sketchy picture can be drawn
which could assist us in examining the complexities of Mongol
Yasa.

The Secret History refers only to the two clauses of the Yasa i.
matters pertaining to the division of spoils and property and ma
ters concerning trials.9 Some details are furnished about Ching
reorganisation of bodyguards and guards. The author seems t
have concentrated more on the administrative "reforms" (as intro
duced by ögedei) which seem to cover the aspects like taxati
land system, tribute, and obligations of commanders.10 In dea
whith Chingiz Khan, he had merely confined himself to the polit
cal achievements of Chingiz Khan but omits any detailed informa
tion regarding Yasa or its contents and provided only meagr
particulars about administrative officers. The Secret History ,
cords very few cluses and surprisingly excludes the most imp
tant aspect of Chingizide administration, i.e. the military, fr
the purview of the Blue Book (Yasa). That Chingiz must have
down certain specific rules about his most favourite sphere of
ministration and that this must have constituted a part of Y
would seem to be most probable. The book covers the period up
1228 and these ommissions are therefore strange. It is signific
that only reorganisation of bodyguards and guards and the sub
quent selection of highest commanders from this group is discus
ed without adding much importance or even mentioning the a
old decimal system.

Some administrative officers have been described by the Yü

Tsh'ao Pi-shi.

1. 4 men carrying bows and arrows, later on called Korchi .

2. 3 Overseers of food and drink of morning and evening (later on
called bukawal or bawurchi).
3. One overseer of sheep pasturage ( Akhtachi ).
4. One overseer of preparation of carts (tergon) (later on called
yurtchi - captain of a thousand and looked after mares).
5. One cherki , overseer of the domestic staff.

9 The Secret History , 149-155.

10 Ibid., 178-180.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 61

6. 4 men to carry swords in one place.

7. 2 overseers of training horses.
8. 3 overseers of horse pasturage.
9. 4 far and near messenger, arrows, envoys.
10. 2 nobles elders or guardians of assembly, Chief advisers, also
to maintain order in Meetings.

There are only three later contemporary sources namely

Tďrikh-i Jahãngushã (compiled in 1259-1260) Jâmi'u't-tawârïkh
(comp, in 710 A. H.) and Tďrlkh-i-Banákatl (comp, in 717 A. H.)
which deal independently with the Yasa since Almaqrizi is be-
lieved to have copied the Yasa' s contents from al-'Umarï who had
himself copied it from JuvainL11 The later historians like Mir
Khõnd12 must have copied it from one source or the other. A
European traveller Gregorius Bar Hebroeus13 (died in 1286) had
compiled only some clauses "to remain concise" which are corrobo-
rated by JuvainL Carpini confirms that Chingiz enacted his laws
and promulgated orders to which the Tartars strictly adhere but
expressed his inability to codify the entire text of the Yasa partly
because "it would take us far too beyond the scope of our subject"
and partly because "they were not known" to him.14 Nevertheless
he recounts a few (though he says two) of these clauses which are
also found in Juvainï and Hebraeus. Juvaini also says that several
Yasas existed but he had confined himself to these few "to avoid
prolixity."15 Thus Rashid-u'd-din BanãkatI and Juvainï are the
only Persian chroniclers who are elaborate in giving us Chingiz' s
military and administrative laws and Banâkatï who dwells more
upon social norms recounts the Yasas pertaining to social life and a
few others regarding general administrative principles.

11 D. Ayalon. The Great Yasa of Chingiz Khan - A reexamimation, Studia

Islamica XXXIII, pp. 106-140.
12 Mir Khond: Rauzatu's-saffa , Tehran 1339, pp. 63-69.
13 Chronicon Syriacum , ed. by Paul Bedjan, Paris 1980, pp. 411-412.
14 aValamu'l-Islam: The History of the Mongols ed. Bertold Spuler, London
1972, p. 81.
15 Juvaini: text 16-17.

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62 MANSURA HAIDER

Compilation of the Ya

The Muslim historians like Rashïd u'd-dln, Juvainï, Banâkatï,

AlUmarï, Al-Maqrïzï and Mir Khõnd describe Chingiz Khan as the
author of these Yasas.16 The Secret History does not refer to Chin-
giz as the compiler and the law making of Yasa is attributed to a
certain Sigihutuhu (Shigi Khutughu)17 who had prepared "festge-
setzt" (the contents of the Blue Book) though after prior consulta-
tions whith Chingiz Khan. In The Secret History, the following
information is given by Yuan Chao Pishi: "Chingiz said to shigi.
Khutukhu - 'You became my sixth brother and have had your
share, just like my other brothers, enjoying the privilege of being
allowed to sin a hundred times without punishment. Now that I
have subdued all the peoples, I want you to listen and look for me.
No one shall he allowed to act contrary to what you say. If there
are cases of robbery or fraud, it will be for you to mete out punish-
ment, slaying those who ought to die and punishing those who
ought to be punished you are to decide all disputes arising out of
division of familiy property, and are to write your decisions on the
Blue Register, in which no one is to be allowed even to make
alterations.'"18

16 Rashïd u'd-dïn and Banâkatï stress that "Chingiz Khan extracted these
bilik" all by himself (azkhud istimbat kard) (T. Banâkatï 371; JT 435).
Juvainï is more exuberant in saying that "God Almighty bestowed upon
Chingiz Khan such faculties that he had no need to learn any thing from
the experiences of earlier rulers like the Khusraoes, the Pharaos or the
Caesars. All that had been written concerning the customs and usages of
those rulers was invented by Chingiz Khan from the page of his own
mind ... In accordance with his own mind, he established a rule for every
occasion and a regulation for every circumstance; while for every crime he
fixed a limit and a penalty" (TJ text 16-17). Both al-Maqrïzï and al-'Umarï
style Chingiz as the initiator of Yasa (manabďuhum wa musharrih-u'l-
Yasa lahum and al-Yasa aliati hîya sharťat-i Jingiz wa ja'alahu al-
Yasaq shari'atan liqawmi). Mï Khwänd also says that the Yasa and the
remnants of the customs found among the Mughals upto his days had been
laid down by Chingiz Khan (Habibu's-Siyar, iii, Tehran AH 1338, p. 18).
Carpini says that Chingiz "enacted his laws and promulgated orders to
which the Tartars strictly adhere" (al-Alamu's-Isläm, p. 81).
17 Sigihutuhu Noyon, a Tatar and an adopted son of Chingiz's mother was
appointed as supreme judge and ordered to codify decisions on legal mat-
ters. (Works of the Peking Mission, IV, 115; The Secret History , Eng. tr.
Waley, p. 285.)
18 Yüansh ao Pi-shi: The Secret Histrory oj the Mongols, Eng. tr. by Arthur

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 63

The date for the above order is given as 1206 which alongw
the other inferences drawn from various sources19 indicates tha
the need for such a code of law was felt as early as 1206 though
Yasas were continuously framed throughout the life of Chi
Khan and even afterwards by his successors. Incidentally no
tinction between the two sets of laws is clearly made. It is, h
ever, safe to presume that the tura or Yasa was exclusively
Chingizide Code of law and the Yasas formulated later on were n
included in the Chingiz's tura which was to "remain unaltered" f
all times to come.

On the eve of the rise of Chingiz Khan, a general anarchy pre-

vailed. Juvainï says that the Mongols at that time had no chief or
ruler and being divided into small groups they indulged in constant
warfare and evil deeds.20 This chaos crept into social milieu also.
Banâkatï says that the things have come to such a pass that "the
sons did not listen to the biliks of their father; subordinates did not
comply with the orders of their superiors; elders did not patronise
youngers and the youngers violated the advices of their elders; the
husbands did not trust their wives and the wives did not comply
with the orders of their husbands; mother-in-law did not like the
daughters-in-law and the latter did not respect the former ..."
such a break down of discipline resulted in various evil practices.21
Before the ascendency of Chingiz Khan, the Mongols as a people or
race were only half way through civilisation22 with their tribal set
up and pastoral economy and having "traces of the manners of
hoary antiquity."23 The characteristic features of the Mongol state
and society were "instability, complete lawlessness, lack of pros-
perity and peace with no rules to guide them.24 For Chingiz, there-

Waley, London 1963, p. 285; Works of the Peking Mission , IV, 115, here
Blue Register is replaced by black board and "later times' alterations" are
forbidden.
19 Juvaini, Eng. tr. 81.
20 Juvaini 15; also see Minhaju's-Siraj 936; Mir Khond 64.
21 Banakati, 340-343, 371; Rashiduddin 434-435; Minhaj 936, ii; Juvaini 3-16.
22 According to Rashiduddin these Tatars comprised 70000 tribes and that
their yurts and habitats were arranged on a tribal basis.
23 Works of the Peking Mission IV, 172; Trudy IV, 219-220. Banâkatï
340-343, 371; Rashiduddin 434-435; Minhäj 936. Minhäj also corroborates
that evils of depravity, robbery and adultery prevailed among Mongols.
Tabaqãt ii, 936.
24 Banakati 371; Rashiduddin 434-435.

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 64 MANSURA HAIDER

fore, the task was difficult and

he failed to find worthy men
Kung (highest counsellors of the Emperor in chou dynasty
1122-1249) and nine Kings (Officers occupying different parts of
administration).25 Chingiz had no glorious heritage or royal
lineage26 to sustain his claims to authority nor a well-organised
administrative machinery to control his Empire. Aware of these
drawbacks and with keenness to introduce a stable and efficient
administration, Chingiz apparently looked for means and ways to
acquire strength and to ensure a perpetual stability. This con-
sciousness is reflected in his letter to Chang Chun when he says
that "I have not myself distinguished qualities but as my calling is
high, the obligations incumbent on me are also heavy and I fear
that in my rule there may be something wanting. To cross a river
we need boats and rudder - like wise we invite sages and choose
assistants to keep the Empire in good order..."27 According to
Minhäj not only Chingiz Khan but his Mongol followers also real-
ised this deterioration in their plight due to their own "miscon-
duct" and were keen to "rectify" it through "a firm ruler and a
severe amir." They found Chingiz to be "capable" of this task.
Chingiz Khan therefore, "bound the whole of the people of the
tribes by pledges and oaths to obey him in all things and submit to
his command."28 Chingiz is said to have consulted Yelui Chutsai
also in his administrative affairs. Nevertheless, it is difficult to
identify categorically the person who had assisted and guided

25 Works of Peking Mission IV, 289; Bretschneider: Medieval Researches , I,

1887, pp. 35-39, 40-43.
26 bon of Yesugei - a chief of ten, Chingiz belonged to Qiyat clan of Alqanut
tribe; having lost his father at the age of 13, Chingiz suffered adversities
for 20 years. With his humble origin of being a black Tatar Chingiz rose to
prominence through his valour and organising capacity. Later on he not
only established matrimonial alliances with various important dynasties to
increase his strength but also subdued a number of Kings to attain power.
(Banâkatï 344; Qazvïnï 580-623; Tabaqãt 937-953.)
27 Works of Peking Mission IV, 289; Bretschneider 35-39, 40-43. Although
Chang Chun stayed with Chingiz Khan for 3 years he gives no detailed
information regarding his advice about Chingiz's administrative policy or
about the compilation of Yasa.
28 Tabaqãt-i Nãsirí , 937-953. A similar account is available in "Histoire des
Campagnes de Gengiz Khan " (Cheng Won Ts'in-tcheng Lou; tr. and anno,
by P. Pelliot and L. Hambis, Vol. I, Leiden 1951).

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 65

Chingiz in the formulation of his laws though its existence is

yond doubt. Similarly, it seems rather improbable that each
every single ordinance had been thought out and produced
Chingiz - particularly when he did not know any other lang
except the Mongolian and was oblivious of any other patter
living than a semi nomadic style and had, therefore, no idea
well organised civil administration. Presumably Sigihutuhu,
Yeluichuts'ai and Chang Chun had contributed to the laws of Yasa
which were based on old Turco-Mongol traditions and the already
existing local administrative principles.

The Sources of Influence on Yasa

These laws were neither "revealed" to Chingiz or dictated to him

by a parallel authority no were a sheer figment of his own imagina-
tion. While accepting that Chingiz had probably prepared the
Yasa himself (either independently or with the help of his ad-
visors), it goes without saying that he must have borrowed at least
some of these principles from his conquered regions also. A study
of Mongol precepts of administration and state policy shows that
some of these laws had existed there since time immemorial as
tribal nomadic customs, old Turco-Mongolian and Mongol prac-
tices or steppe traditions or even the state laws of big kingdom
which were already in vogue. The fact that there existed certai
customs and institutions - some at a primitive level, others mor
in a fairly developed form both among the Turks as well as th
Mongols is beyond doubt. Whether it was the consanguineal politi-
cal structure or the concept of patrimonial property, the customb
of inheritance or succession, the justice or trial of the convicts
every thing seemed to have a tinge of old customs and tradition
Lichi Chang categorically mentions the fact that to a great exte
the Mongols "had preserved the customs of the early ages."29 W
Kwei Sun had also concluded that "a few Mongol customs were
preserved without change while other were so twisted out of their
old shape as to be hardly recognisable. But a large number of
Yasas are original based on Chingiz' s conception of what was good

29 Siyuki, Medieval Researches , pp. 52-53.

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66 MANSURA HAIDER

and right for his state and his

lian laws Tsaadjin Bichik furthe
Although no definite inform
of Khaqan in Juvainfs history
amirs on penalty of death to
and that no court barriers were
commanders of the guard hav
on their own authority are av
divine theory of sovereignty
representative of God on earth.
ty of the Mongol Khan was so
repeated or exaggerated assertion. Carpini tells us that "The
Great Khan of the Tartars has extra-ordinary power over all his
subjects; nobody dares to settle in any part of his Empire without
his express direction. In fact he determines the places of residence
for the dukes ... If, moreover at any time or any place he gives
them an order, be it for war (or for peace) be it for life or for death
they obey it without question. Further it is important one should
know that all property is in the hands of the Great Khan so that
nobody dares to say: "this belongs to me and that belongs to the
other." But everything, household, cattle, chattel, and people is
the property of the Khan. Only recently he issued an order to this
effect."32 An echo of the same is found in the account of Marco
Polo.33
It seems that the Mongols, like most nomadic people, believed in
ancestral worship which became all the more sacred and fervent in
case of Chingiz due to his military and political achievements.
Juwainï refers to the human sacrifices offered to Chingiz Khan's
spirit. The new Khans like ögedei (1229-1241), out of respect for
his father ordered forty beautiful and decked up girls of the
families of Chingiz's close associates to be "despatched" along with
choice horses to join his spirit.34

30 The Secret History , Introduction, p. 23.

31 Riasanovsky, 91.
32 John De Plano Carpini, al-alamu'l-Islam, 82-83.
33 Marco Polo: The description of the World ed. A. Moule and P. Pelliot vol.
I, London 1938, p. 167.
34 Juwaini tr. Boyle I, p. 189 (Manchester 1958).

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 67

Among the idols of gods and spirits (ongon), a special ongon

representing the spirit of Chingiz also hung at the headquarters.
In 1253 Carpini also saw an idol of Chingiz Khan set up in a reve-
rent fashion on a cart outside the camp and they offered it many
presents and horses. The horses such offered were considered to
be so sacred that later on none could dare to ride or kill them for
food. To top it all, they made each of their visitor to bow towards
the South infront of Chingiz Khan's image. If any one refused, he
was killed as they did with Michael one of the grand .Dukes of
Russia.35 The standard of Chingiz also became a sacred object as
they believed his soul to dwell in it. In fact "Chingiz cult" was
followed in continuation of "ancestor cult." Not only Chingiz Khan
but his laws were also held in high esteem and were binding upon
the people.
These laws were very severe and draconian and their ruthless
enforcement regardless of the victims' status better be expressed
in Juvainï's own words "Their obedience and submissiveness is
such that if there be a commander of a hundred thousand between
whom and the Khan there is a distance of sunrise and sunset, and
if he but commit some fault the Khan despatches a single horse-
man to punish him after the manner prescribed: if his head has
been demanded, he cuts it off, and if gold be required, he takes it
from him."36
It seems that such an unquestioning submission was inherent in
Mongol concept of sovereignty. Minhaj says that "in conformity
with the usual customs in force among that people, these impor-
tant matters were caused to be ratified." Chingiz said "if you will
be obedient to my mandates, it behoveth that if I should command
the sons to slay the fathers, you should all obey."37 The concept of
divine Kingship existing both in the Turkish domain of 6th and 7th
centuries and in the pre-mongol steppe domain as reflected from
Orkhon inscriptions found its way in Chingiz's ideals of sovereign-
ty also. It was declared by Shaman Kökchü that the Blue Sky
(Möngkekök Tengri) had made Chingiz his representative on
earth.38 The clan itself was glorified as Altan Uruq (golden Kin)

35 al-'älamu'l-Islam, pp. 72-73.

36 Juvaini text 23, tr. 31.
37 TaN 937-953.
38 The Secret History Eng. tr. by Waley, pp. ¿44-Z4D.

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 68 MANSURA HAIDER

and was considered to be highly

the Turks to whom no one can
Even the much publicised claus
pattern of life in preference to a
was only an echo of Oghuz Khan (
maxim imparted to Osmanlis th
and never to remain settled,"40
firmed and conformed to it using
ers only as "raw material."41 Mos
institutions were borrowed from
language, the largest foreign com
suggesting a close cultural and l
proto- Altaic heritage.42 Strang
affinity between the Turks and t
immemorial so much so that in
described even as belonging to
not only because they drew their
tress but also because of their common ethnic and cultural charac-
teristics. Ibnu'l Asir stated in 1234 that more than half of the
Mongol army consisted of Turks.43 The custom reported by Marco
Polo of putting to death all the persons who met Khan's funeral
cortege on the way (to serve the Khan in the next world) which
was corroborated by former and later Mongol chroniclers finds its
parallel even three centuries earlier in Ibni Fazlän's account of the
Oghuz Turks who used to observe similar rites. In the same way
Chingiz's famous tugh (standard) though said to be designed by
Kökchü, 1206, was also styled exactly like those of Turkish
sovereigns for it was a white banner with nine pendants or yak's
tails that hung from the head.44
The military success in China and the subsequent matrimonial
alliances with the Chinese princesses brought another wave of

39 IA Eng. tr. 13.

40 Tawârïkh-i ãli-Saljuq As. Mus. Ms. No. 590, b, a, 28; Tďrlkhi Gûzïda ,
Lenningrad Univ. MS. 153, f. 472.
41 Barthold: Turkestan down to the Mongol Invasion , p. 461.
42 For interesting details cf. Larry V Clark's article "Turkic Loan Words in
Mongol language" Central Asiatic Journal XXIV. No. 1-2, pp. 36-59.
43 Ibnu'l Asir: Al-Kãmil fl at-tďnkh Tornberg ed., XII, p. 240; Jâmiu't-
Tawärtkh 57-71, 165-176.
44 The Secret History , Waley 285.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 69

new culture. Rashiduddin says that Mongol army was also ar

ranged on the Chinese pattern.

The Survival of the Yasa

Since the Central Asian regions with their multi-racial, multi-lin-

gual and heterogenous population could provide room for each new
creed or philosophy, the sharia and the Yasa could also co-exist
leaving the option open to the sovereign to choose one or to use
both according to the exigencies of time. Nevertheless, in no other
place demands for the observance of the Yasa were so pressing as
in Central Asia (the land of Chaghatai - the sole guardian and
preserver of Yasa). At the same time the precepts of Yasa could
not Weed out the tenets of Islam though they overshadowed it
occasionally.
Although the sources frequently refer to the violations of the
Yasa even as early as two years after the death of Chingiz Khan,45
the halo of Chingiz's prestige as the founder of Mongol power
continued to extract loyalty to the Yasa from the later genera-
tions. Not-with-standing denunciation of Tura by disillusioned
Muslim historians as "satanic" and by converted Mongol Muslim
Kings like Tarma Shirin as "one of the most despicable of all the
laws (siyasa)" or "being oppressive and hence forbidden by Muslim
law," Mongol sovereigns in general continued to honour Chingiz's
law. In Central Asia, the significance of this document was all the
more recognised as its ruler Chaghatai was declared to be the
guardian and preserver of Yasa.
Chingiz Khan had himself instructed that "if any one of our clan
act in violation of the approved Yasa, let him be admonished ver-
bally; if he do it again let him be persuaded by eloquence, if he does
it a third time, let him be sent to the remote place Baljuin Khuljar.
When he returns thence he will be attentive. But if he be not
brought to his senses let him be put in irons and imprisoned. If h
comes out of imprisonment good tempered and reasonable wel
and good. If not let his relations assemble and deliberate as to

45 Juvaim I, pp. 189-190.

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70 MANSURA HAIDER

what is to be done with him."46

in enforcing the Yasa and spar
from it.47 Immediately after
decreed that the ordinances and commands issued by Chingiz
Khan "should be maintained and secured and protected against the
evils of change and alteration and confusion. Anyone who con-
travenes the old and new ordinances" was to be punished and
persecuted "proportionate to his crime."48 Nevertheless Juvainfs
attempts to present ögedei as the one protecting and favouring
the Muslims tempts one to presume that ögedei was not all that
enthusiastic in the enforcement of the laws or the punishment of
the violators.49 Batu's emphasis on the observance of Yasa and the
fact that during Möngke Qaan's50 regime anything in contrast to
Yasa could not be countenanced also shows the anxiety over the
enforcement of this law at least in the first quarter of XIV cen-
tury. On the eve of Möngke Khan's accession, the armed revolt by
the descendants of ögedei had invited the following reaction "since
none of them dream that the Yasa of Chingiz Khan could be
changed or altered . . . nor was it painted in the picture gallery of
their imagination"51 shows that the adherence to Yasa was still
binding or at least a prevalent and desirable phenomenon and that
the Mongol regimes in Central Asia preferred if not "strictly
adhered to the Chingizid laws."52 Chaghatai and the other princes
had vehemently supported Töregene Khatun in her claims to the
Khanate and they pleade that the old Ministers should remain in
the service of the court, "so that the old and new Yasas might not
be changed from what was the law."53 Similarly, Sorqoqtani Begi
and her sons "did not swerve one hair's breath from the Yasa."54
But this does not mean that the Yasa was an immutable law or

46 Banakati 371-375; Riasanovsky: Fundamental Principles of Mongol Law ,

p. 89 clause 23.
47 Juvaini Eng. tr. I, 161-164.
48 Juvaini Eng. tr. 149, Rashiduddin: Jãmi ut-Tawãríkh, London 1971, p.
32; al-'ãlamu'l-Islãm 51.
49 Ibid.
50 Ta'rîkh-i Wassãfu'1 Hazrat , 577; Riasanovsky 91.
51 Ibid.
52 Marco Polo 180.
53 Juvaini tr. 240.
54 Juvami tr. 244.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 71

that it was not violated. The sources frequently mention the

change and alteration ( taghyïr wa tabdll) and oppositon and agree-
ment (khalafa and wafaqa) with regard to the Yasa. Berke had
been accusing Halaku of the violation of Yasa. Batu had also or-
dered that "whoever violates the Yasa shall lose his head."
The yard stick of Yasa was used to measure the incompetence of
Khan to oust him from power and for replacing him by a more
obliging Khaqan. The observance of tura was deemed to be a
qualification and the shortest and the safest route to power and
popularity. Rashïduddïn records that when the war of succession
ensued among Timur Qaan (673) and his brothers, the wise lady
Kukchin Khatun quoted Qubilai Khan to the effect that "the per-
son who knew the biliks of Chingiz Khan well would be enthroned.
All the princes should recite the tura (Yasa) so that the seniors
present could judge and decide."55 Timur was selected as the Kha-
qan for he could recite the Yasa better.
The princes always accused each other of violation of Yasa to
stress their supremacy. Gradually however, the old and new
clauses of Yasa were so frequently ignored that overlooking its
transgression seemed to be the only viable and ad visible course.
Nevertheless such references of allegations and counter allega-
tions of violation of Yasa at least testify to the fact that the Yasa
commanded a great deal of respect among the Mongols and Turco-
Mongols. It is further proved by the fact that the usual accusations
of violation of Yasa were raised on politically critical occasions; the
accession of a particular person whose candidature was criticised
or supported by various factions supposedly on ground of adher-
ence or non-adherence to Yasa and civil wars, in matters concern-
ing the division of spoils; when the finally determined share did not
reach the rightful claimant and so on. Nevertheless this charge of
the violation of Yasa occasionally had far reaching consequences.
Tarmashirin's example proves the point. His exile was probably
not so much due to his conversion to Islam as out of Mongol hatred
for him due to his attempts to establish a settled pattern of living
which was contrary to the principles of Yasa. Ibn-i-Batûtâ says
that "the reason why they (inhabitants of Transoxian) paid hom-
age to Buzum Oghly and turned away from Tarmashirin was that

55 Rashiduddm: Jâmi'u't-Tawârïkh, II, Leiden 1911, pp. 588-590.

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 72 MANSURA HAIDER

the latter no longer kept the

Chingiz Khan. He had produced
Yasag. It is the accepted code
who contravenes this law must be deposed. One of these laws
requires them to assemble once a year. That day is called Toi
which means the day of festival gathering. On this occasion, the
descendants of Chingiz Khan and the boys arrive from all regions
of the Empire, the 'ladies' and the generals were also present. If
any of the 'khans has changed anything with regard to the' pre-
cepts of this law, the notables go upto him and say: "You have
changed this and that, and done this and that." They take him by
the hand and lead him down from the throne, and put some other
descendants of Chingiz Khan in his place. If one of the grand amirs
had been guilty of an offence in his district, they judge him accord-
ing to his deeds."56
Apparently, it seems that the Mongols who settled outside Mon-
golia and Central Asia gradually lost their enchantment with the
Yasa. Marco Polo says:

"now (i. e. towards the end of the thirteenth century), the Mon-
gols have forsaken some of these customs, for those who fre-
quent China keep themselves very greatly to the ways and to
the manner and to the customs of the idolators of those regions
(China) and have very much left their law; and those who fre-
quent the Levant keep themselves very much in the manner of
Saracens and hold the faith and the laws of Muhammad."57

As against this, even in far off regions like the Empire of the
Mamluks the influence of Yasa is noticed. Sultan Baybars I par-
ticularly "followed the ways of the kings of the Tartars and most of
Chingiz Khan's ordinances relating to the tura and Yasaq."58 Both
Al-Maqrïzï and Ibn-i Taghribirdï refer to this fact at lenght. It
should, however, be noted that even in those far off regions where
some of the Yasas were forgotten, the Chingizid principles of

56 Ibn-i Batütä; After Ibn-i Batütä, Voyages ed. and trans. Charles Défre-
mery and Benjamin Raphael Sanguinnetti, Vols. II, III, 2nd ed. Paris
1877, III, 40-41; aVãlamu'1-Islãm , 205-206.
57 Marco Polo: The Description of the World , ed. by Moule and Pelliot, Vol. I,
London 1938, pp. 174-175.
58 Marco Polo, 167-174.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 73

military organisation, Burial customs, dwellings, extraordin

position of sovereigns were maintained.59
Timur' s deep faith in Tura obviously was a result of his appre
tion of Chingiz's statesmanship and his own ambitious plans
power. In his times, Tura, was dominant in many spheres but
simultaneous existence of sharia can not be denied. It should be
noted here that Timur had simultaneously used both (sharia and
tura) alternately in accordance with the exigencies of the situa-
tion. This explains why Haidar Dughlat had occasionally com-
plained that "the old customs and rights had fallen into disuse."60
The words of Ibn-i 'Arab Shãh prove beyond doubt the consider-
able influence of Tura in Timur' s Empire. Ibn-i 'Arab says:

"He (Timur) clung to the laws of Chingiz Khan, which are like
branches of law from the faith of Islam and he observed them in
preference to the law of Islam. Thus it is also with all the
Chaghatais, the people of Dasht, Cathey and Turkestan, all
which in fidels observe the laws of Chingiz Khan rather than the
laws of Islam and accordingly our Maulänä Hâfizuddïn Bazâzï
and Maulänä Sayyidinä 'Alâ'uddïn Mahomed Bukhäri and other
doctors and banners and leaders of Islam have given an answer
to all, that Timur must be accounted an infidel and those also
who prefer the laws of Chingiz Khan to the faith of Isläm and
also for other reasons. . ."61

Incidentally the same author had elsewhere commented that

Timur was united with the Mongols due to "double reason" first
race affinity and proximity second their religion which is called the
law of Chingiz Khan which was spread through both states.62 A
completely different picture of Timur emerges from Yazdi's ac-

59 al-Maqrïzï (1364-1442) says that the Yasas of Chingiz were introduced by

the Egyptian Sultans and particularly Sultan Baybars only "through the
fear of the Mongols or to placate the Mongol ally Berke Khan."
Saydah Fatima Sadiqa (Baybars I of Egypt, Dacca, 1956) contends the
statement by proving the extraordinary influence of 'ulama and transfer
of state power into the hands of religious teachers.
Taqïu'd-dïn Abu'1-Abbãs Ahmad Maqrîzï: Khittat , Vol. II, 219-222.
60 TR tr. 54.
61 IA Eng. tr. 299.
62 IA Eng. tr. 18.

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74 MANSURA HAIDER

count where he is depicted as

religious and righteous sovere
Amongst the deviations from Y
he transferred the sovereign a
town, which is not entirely c
benefits of a settled agricultu
mixture of nomadic and settle
elements to live upon their set
Khan though upholding the inte
ance with expediency. The th
military system, camp cities an
in Timur's Empire bear the sta
Unlike Timur, Shâhrùkh was n
tions conqueror nor a cool calcu
the support of various group
then prevailing in Central Asia
antagonistic forces in the social
more detached though apparen
sustained him in the tirade. In
Dai Ming, Shährükh categorica
Yarghu and qawďid-i chingiz khani and the enforcement of
shariat laws in his Empire.63 Nevertheless Ibn-i 'Ayab Shäh as-
serts that

"it is said that Shâhrùkh repeated the law and custom of Chingiz
Khan and ordained that they should make his rule flow along the
streams of the law of Isiàm, but this I do not consider true, since
it is considered among them all the purest religion and true faith
and if it happened that he should summon his chief men and
doctors to his palace and closing the door looks upon them from
his throne and proposes to them anything of this sort, truely
they would flee like assess to the gates."64

The sharp difference in Timur and Shährükh's personalities,

political perspective and individual approach is well reflected in
their administrative policies and state affairs. The Yasa which was
basically a stateman's guide for a military general lost its appeal

63 Matla'u's-Sa'adain, 16.
64 ' Aj ä'ib'u-1-Maqdur Sanders 299; Pers; tr. 53, 298.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 75

and the revival of Islamic forces dominated the scene in

Shährükh's Empire. Nevertheless remnants of Yasa still
not only in the Empire of Ulugh Beg but also in the Empir
Timurids, though a certain circumspection is noticed in
Ulugh Beg seems to have had a deep regard for Timur a
policies hence his regime again was characterised by a co
tug of war between the Yasa and Shara. Haidar Dughlat
Ulugh Beg had once expressed his desire to know all abo
and asked Khudäidäd (who knew much about the Yasa) to
him. Khudäidäd's reply was

"we have completely discarded the infamous turah of

Khan and have adopted the shar'lat. If Mirza inspite of his
common sense and good judgement approves the turah of Chin-
giz Khan I will teach' it to him that he may adopt it and forsake
the shar'ïat."

This in Haider Dughlaťs opinion nipped in the bud the Mirza's

desire to learn the Yasa. Although this may not be entirely correct
(as the later years of Ulugh Beg and his subsequent overthrow by
a more religious son proves), the above information indicates the
gradual reemergence of the sharia even among the Mongols and
that even at this time people knew about the clauses of Yasa.

Comments on Nature and Contents Of Yasa

Presumably, the vastness of the Mongol Empire and the

peculiarities of each conquered region had made it practically im-
possible for the Mongols to enforce their own language and cul-
ture. In fact, the Mongols being proud of their newly acquired
distinctive identity of military superiority but also being conscious
of their intellectual and cultural deficiencies had simultaneously
contributed to and borrowed from the conquered regions though
putting their own stamp during this process of assimilation with
various cultured civilizations. The Mongol administration as
noticed in various parts of Chingiz's empire seems to be fairly well-
developed and, therefore, not entirely based on Mongol polity.
Sufficient information is available to prove that most of the coun-
tries had been left under the charge of their former rulers with a

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 76 MANSURA HAIDER

system of tax-farming and wi

realising the revenue. In these
Central Asia, the Saljuq territo
and Lesser Armenia and others
ture persisted. Although in th
the Mongol grandees used to a
native officials managed the day
Since the people conquered by
culturally than the conquerors t
rules and regulations had already
it seemed that the necessity of f
ment with various forms of c
Chingiz to introduce a new cod
ably to organise and discipline h
a well-trained army to fulfil his
a powerful state to support an
Banâkatï says that Chingiz for
misi or hikmat) with imaginat
and bravery constituted the m
were given the task of supervisi
were appointed for shepherdin
ganisation of 'the people' and no
had excelled. A ready made and
existed in civil administratio
selected for themselves the m
supreme) in all the conquered r
ly deals with the military discip
norms and religious policy.
A careful study of the sources
army organisation, training and
Chingiz Khan (and appreciated by Persian, Russian and Chinese
sources equally) are continued with minor changes at least till 17th
century. A comparative study of the accounts of historians and
travellers coming down to us from various centuries prove the
point well. There is hardly any difference in the 'army organisation
as described by JuvainI, Rashïduddïn, Banâkatï, Bar Hebraeus,

65 TR tr. 69-70.
66 Banakatï 371.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 77

Chang Chun, Yüan Chao Pishi, Carpini, Marco Polo, Rubruck,

i Batûtâ, Alhasan the 'Arab, Ibn-i 'Arab-shah, Yazdï, 'Abdu'r-raz-
zãq Samarqandi and Clavijo67 for all of them describe almost the
same pattern. Even Babur specifically mentions about the fact
that "precisely as Chingiz Khan laid down his rules (about military
system) so the Mughals still observe them.68 Babur gives a de-
tailed account of these military norms continuing upto his times.
To mention a few; the formation of right, left, centre with their
respective particular tribes, system of dim (counting), the acela-
mation of nine standards set up as Khan dismounted, sprinkling of
qumis in their direction, the sounding of drums, Mughal quivers
and saddles of green shagreen leather, recitation before the battle
and so on. In the same way, the Chingizide pattern of hunting
(rasmi jirqa) also was religiously followed,69 though both seem to
be a continuation of old nomadic practices.
Similarly in court and social manners Babur certifies and jus-
tifies the continuance of tura that his forefathers "through a long
space of time had respected the Chingiz tura, doing nothing op-
posed to it, whether in assembly or court, in, sittings down or
rising up. Though it has not divine authority so that a man obey it
out of necessity, still good rules of conduct must be obeyed by
whomsoever they are left; just in the same way, that, if a fore-
father have done ill, his ill must be changed for good.
Although the conclusions are by no means final, it seems that in
military sphere, in certain social norms, court etiquettes, civil
rules, general conduct, justice, organisational and administrative
affairs and in court ceremonies, tura had some appeal for the
statesmen at least for two centuries; serving as a light house set
up by the ancestor statesmen, being utilised expediently and with
circumspection.
The Yasa's clauses lack pastoral asceticism. The acquisition of
wealth through booty is very well reflected in the luxuriant living
of Chingiz and his soldiers, Chingiz's claims of leading a simple life
have been proved incorrect by the advices offered to Chingiz by
Changchun for "fasting and observing certain rules"70 in order to

67 Juwainï, 18-25, Banakati 371-375, Marco Polo 167-174.

68 BN. tr. 155-162.
69 Rauzatüs-Safä, 68-69.
70 Changchun 65.

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78 MANSURA HAIDER

extend his span of life. The ru

tary aristocracy and bureaucr
Chingiz not only believed in livi
regal grandeur but also advise
sings of victory and success.
The racial concept seems to b
stitution presumably because
or elevated to sovereignty throu
race as most of them were his rivals and bitterest enemies. In-
stead, Chingiz was able to get the support of Turco-Mongol or
Turkish tribes and therefore the tribal groups and the concept of
tribal hegemony were more important to Chingiz as compared to
racial brotherhood. These laws were made for an exclusively pas-
toral society and military-based Empire. Having no concept of
agrarian economy, these laws were framed for the men of royal
family and military aristocracy completely ignoring the artisan
groups and agricultural community.
Although it is still precocious to suggest the factors which led to
the continuous perpetuation though in name only, of Yasa and its
principle, it can presumably be due to several reasons. In the first
place, Chingiz's own world conquering qualities had added weight
to his advices, imparting the laws a divine status in continuation of
the age-old custom of ancestral worship strengthened by personal
endowments of Chingiz Khan. Secondly Tura was believed to be
the binding and cementing force for self-preservation. Harvï de-
scribes how Chaghatai, seeing his brother ögedei Khaqan's over
whelming niceties with Muslims and Tajiks, apprehensively ut-
tered that "brother ögedei is befriending the Muslims quite in
contrast with the religion and habits of his father and relatives. If
he persists in this attitude, in a short time the Muslims would be
able to dominate and the country would go out of our hands."72
Chaghatai had not only personally warned ögedei against it but
had gone to the extent of hiring an old contemporary of Chingiz for
relating a false dream in which Chingiz had issued injunctions for a
general massacre of the Muslims and their religious leaders so that

71 Ibid., 71-73.
72 Saif b. Muhammad b. Ya'qub al-Haravi: Ta'rikh Namai-Herãt , Calcutta
1943, pp. 95-99, for similar comments in 'Arab Shäh cf. Sanders.

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THE MONGOL TRADITIONS AND THEIR SURVIVAL IN CENTRAL ASIA 79

"the Empire is held by him (ögedei) and his sons and does no
out of the hold of his relatives and family."73 The lip service paid
the Tura and emphasis on adherence to the Chingizid cult w
necessary for the Unity of the Mongols and for the solidarit
their Empire. Similarly Chingiz's instructions regarding having n
confidence on the Tajiks to his son Tuli is also recorded by Al
vi.74 Thirdly the clauses in Yasa regarding administration, the
of Kingship, attitude towards bureaucracy, military organisat
and policy of religious tolerance were sound principles alrea
tried and tested by various former rulers. Hence their continuan
was not only in conformity with the existing practices but a
conducive to political solidarity. Fourthly, Yasa provided a re
made solution, a most effective antidote, a handy and harml
weapon to get rid of undesirable elements be it a King or a no
A careful study of the sources shows that Yasa over a perio
several decades gradually turned into being nothing more tha
oral tradition to which lip service was paid by the princes for se
preservation, as a justification for expansionist ambitions,
supersession from other rivals by claiming strict adherence to
Tura. The sixth reason for the perpetuation of Yasa was its signifi-
cance as a parallelly accepted code of conduct.
Presumably Yasa was often used as a counterpoise against
shar'la. The influence of theologians and religious groups had cer-
tainly made the going difficult for an absolute sovereign as the
Mullas always interpreted the law and could use the yardstick of
sharia to beat him down. In such cases Yasa could provide a shel-
ter, an umbrella.

73 Nevertheless, Haris states that the truth was discovered as Chingiz did
not know Turkish and the claimant did not know Mongolian. Consequently
they were deemed to be incapable of conversing with each other. The
claimant was put to death. al-Haravï 99-101.
74 al-Haravi 51.

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