SHIKHIKHUTUG IKH ZASAG LAW(Şihihutug'un Büyük Yasası (İkh Zasag))


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Baurjan D., Çelik S.

Antalya Bilim Üniversitesi Hukuk Fakültesi Dergisi, cilt.13, sa.25, 2025 (TRDizin)

Özet

The purpose of this study is to emphasize that, contrary to popular belief, Genghis Khan was not a leader with an
arbitrary despotic management approach. A key indicator of this is the existence of the Ikh Zasag (Great Restriction/
Act/Law), a set of principles and rules established by Genghis Khan during the first decade of the Mongol Empire.
Additionally, the existence of various councils (such as the Council of Nobles, the Kurultai, and the Judges) tasked
with safeguarding this law further supports this view. The Ikh Zasag was the oral law of the Mongols, publicly
announced by Genghis Khan in Bukhara. One of the aims of this article is to clarify the nature of this law. Although
the Ikh Zasag was never formally written or publicly released, its functions served as the actual law of the Mongol
Empire, which is another focus of this article.
The findings of this article suggest that the Ikh Zasag law played a crucial role in enabling the Mongol Empire to
grow in an orderly fashion. Indeed, the Ikh Zasag functioned as both a “law” and an “organizational system.” The
law itself was supervised by Genghis Khan and Shihihutug, the Supreme Judge of the Mongol Empire. Shihihutug
(1178-1260) is widely recognized as the author of the Secret History of the Mongols, a text that describes the early
Mongol society. In this context, Shihihutug, who played a pivotal role in the codification of Mongol law as a privileged
ruler in Northern China, will also be discussed in this article. Moreover, this study will examine Shihihutug’s role,
responsibilities, objectives, and judicial practices in the creation of the Ikh Zasag.
Our research sources include Arabic and Persian historical texts that have been previously utilized by other scholars
studying the Ikh Zasag law, as well as new sources concerning the Secret History of the Mongols and the history
of the Ikh Zasag. This article also includes an analysis of the legal development of the Mongols during the 13th and
14th centuries.