From the history of the appointment, judgement and investigation functions of qadis (judges) in Turkestan

Abstract

 (1) Background: This article explores the historical evolution of qadi (Islamic judge) institutions functioning in Turkestan during the late 19th and early 20th centuries. It addresses the legal, administrative, and socio-cultural aspects of qadi courts, highlighting their influence on local governance, economic relations, religious life, and legal consciousness. The study raises a central question: how did the functioning of qadi courts reflect and shape the broader legal and societal
framework of Turkestan under Russian colonial rule? (2) Methods: The research is based on a historical-legal methodology, and secondary historiographic materials.  Comparative analysis was employed to evaluate traditional Islamic judicial  ractices in relation to the colonial administrative system. (3) Results: Findings reveal that qadi courts retained a significant degree of autonomy and played a pivotal role in resolving civil disputes, conducting notarial procedures, and preserving  ustomary legal values. Their procedures, legal foundations, and written rulings were instrumental in maintaining social order and legal continuity in the region. (4) Conclusion: The study concludes that the qadi courts of Turkestan served not  nly as judicial institutions but also as vital instruments of cultural preservation and legal adaptation. Their legacy reflects a  nique synthesis of Islamic jurisprudence and colonial legal influences.