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International Journal of Arts & Sciences, CD-ROM. ISSN: 1944-6934 :: 4(3):93-99 (2011) Copyright c 2011 by InternationalJournal.org

INDIVIDUAL RIGHTS AND RESPONSIBILITIES AT PRE-ISLAMIC TURKIC HISTORY

Ismail Mangaltepe

Istanbul University, Turkey

Research in fundamental rights and freedoms has significantlydevelopedin the last three to four decades. This article explores the individual rights, individuals’ relations with the state and power, and individuals’ responsibilities to society and the monarch within the pre-Islamic Turkic states. The article first explains the findings then examines the pre-Islamic Turkic legal system. Through examples, the article will trace the development of human rights in the Turkic history, Turkic society's fundamental individual rights and freedoms, economic rights, as well as the responsibilities of individuals towards the state and theexpectations from the monarch. The article will conclude with an opinion section.

Keywords: Turk, Legal Tradition, Business, Religion, Women.

INTRODUCTION

The most significant historical documents of the pre-Islamic Turks are the Inscriptions of Orkhon dated from 732 to735. These are more specifically named Bilge Qaghan, Kül-, and Tonyuquq Inscriptions. These incriptions are the first recording of Turkic names in actual text. The historical monuments of the Qaghan has rich information on the rights and responsibilities between the state and the people. They provide information of the state structure, tradition, civilization and culture. Furthermore, the inscriptions are depictions of Turkic historical art. These monuments are valuable treasures because of their written works and structural impeccability. Many legal documents were created and published in the Uighur Period. Portrayals of legal text being bought and sold, sureties, adoption of children and other commercial procedures were presented (Izgi:51). Uygur legal texts included sections about purchasing and sales, adoption of children and other commercial procedures. This research also benefited from the first writer of Islamic Turkic literature and poetry of Yusuf Has Hacip and his book, Kutadgu Bilig . A politically important text, Kutadgu Bilig, literally means “knowledge that gives happiness.” In his book Yusuf Has Hacib, a great Turkic thinker and a statesman, had detailedTurkic traditions and cultural life. He used previously written works (Yuvalı: 128) . The Enlightenment of the Turks continued with another master work, Divanu Lugat-it Turk dated from A.D 1072-1073. In this dictionary, the author Kasgarli Mahmud aimed not only to teach Turkish to Arabs and but also to show the superiority of . It also pertains information regarding the Turkic history, geographical distribution of Turks, their physical characteristics, specifically height, Turkic dialects, and their living patterns. Before and after the formation of Islam there were many Turkic states: the Huns, the Tabghach, the Gok-Turks, the Avars, the Bulgarians, the Kirghiz, the Turgishs, the Qarluqs, the

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Khazars, the Uighurs, the , and the Cuman-, who brought forth the Turkic legal system. For over a 5000 year history, the Turks constructed many different states in different continents through their immigration routes. Like other states of the time they initially were not following any written legal system. Therefore, it was very difficult to understand legal rules. AlthoughTurks produced many historical and archeological monuments and other written documents to aid in the determination of any sort of legal system, they are unfortunately insufficient to understand comprehensive legal systems.

ACCEPTED TRADITION (TÖRE)-LAW

For centuries the use of the term ‘Töre-Yasa' has been used in law ( İnan: 222) and in the classic text of Ka şgarlı Mahmud’s Divanü Lûgat-it-Türk it means “görenek, adet” or custom and practice as such is used in expressions like “vilayet bırakılır, görenek bırakılmaz”, “you may leave your province of residence but you never leave your customs” (Ka şgarlı Mahmud, III: 221). In ancient Turkic societies the word Töre or tradition was used with the term ‘il’ or state with the intention of showing importance to legality (Gökalp: 13). There have been three main routes observed for the establishment of this Turkic legal system.

1. The gradual legality of public customs and practice. 2. The creation of laws by public demands and by the approval Hakan. 3. The integration of the general assemblies’ decisions into traditional law as part of the legal system. The traditional law changed over the time and in various places. Qaghans, with the permission granted from the general assembly, had the right to amend traditional laws and make new laws (Arsal: 288). The laws that were unchangeable involved: justice, kindness-helpfulness, equality, individuality and humanity. The establishment of traditional law in inscriptions states that; “Türk milletinin ilini (devletini) töresini (kanunu) tutu vermi ş, düzenleyivermi ş” ”traditional law gave and organized the Turkic state” (Kül-Tigin (KT) East Side: 1), “ İli tutup töreyi düzenlemi ş””it held the state and organized the law” (KT, East Side: 3).

BASIC RIGHTS AND FREEDOMS

Where is order there is law, where is law there is justice. Societies that function with justice are those with a high level of civilization. Before the time of Islam the Qaghan’s referred to the public as “milletim (budunum)” or their ‘people’ (Kül-Tigin (KT) South Side: 1). Here there is the emotion of possession and being as one. The stated that an individual expects his economic conditions to get better by the hand of the state. Economic wellbeing of his people was the Khan’s main duty. The Khan had completed his duty, thus proudly giving this statement : “After becoming the Khan, I gathered the nation and then I turned the poor nation into a rich nation. In number, fewer nation, I made it more” (Kül-Tigin (KT) South Side: 10). In Turkic states, individuals lived under large freedoms. Being free and individual had great importance in Turkic states. Sometimes overuse of these freedoms caused lack of discipline and the authority was neglected. Thenthe warnings came on the written documents, “Turkic nation, who may destroy your state or custom? Turkic nation, abandon, be regretful! Because of not June 8, 2011 15:25 Research Publishing : IJAS Sample ijas-0403

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following the discipline you made mistake against your state and Khan, you put yourself down” (BK, East Side: 19). One of the fundamental rights and freedoms was personal property. Personal ipproperty ownership right was blocking the rise of privileged groups and slavery. While some societies forced poor people to work in the agricultural fields, the Turkic states had never appealed to this inhumane practice (Kafeso ğlu: 237-238). The Turkic Steppe Culture did not provide an environment for a class formation. The privileged groups only occurred because some held enlarged lands, or they were military personnel or a member of a religious group. These three factors caused class differences in societies. The Turks had used a merit system for upward mobility. Jobs were given to those with capabilities. Turks’ Political Reference Book, Kutadgu Bilig ,stated that an individual’s career depends on himself, there is nothing to block him, this idea is explained with these couplets:

1. “A service provider (meaning citizens) might be smart and honest, and very quickly they catch up to their futures” (Kutadgu Bilig: (Couplet) 4045). 2. “If he knows how to write and calculate he becomes treasurer, if he is good in understanding and clever, he becomes a bureaucrat” (Kutadgu Bilig: (Couplet) 4048). According to Priscus’ writings, during the time of Attila, some Romans lived in the Hun’s country. Priskos was part of an ambassador group, who were sent to Attila . Priskos narrates that there was a rich Roman person staying with Attila, Priskos asked him as a Roman what he was doing here. The Roman stated that I feel myself free here, after the war everyone may live a peaceful live according to their wealth. In Rome taxes are very heavy and law was not used equally to citizens. If you have money you get advantage in the court. However, here I feel in peace (Priscus: Frg, 8). In addition, when Chinese generals lost a war, they were not going back to , because if they returned to China, they would be killed. Therefore, they were living in the Hun country. The Hun state accepted some of them as generals and provided them with military forces (Türkeli: 85).

FREEDOM OF RELIGION AND CONSCIENCE

Turks believed in a Sky-God (Gok-Tanrı). According to this belief; only God could do everything. He helps and permits to raise the Turkic nation and constructs the Turkic state. This kind of understanding helped Turks respect other beliefs. This belief existed before and after Islam. Turks were never disrespectful to other beliefs and there were many Buddhist and Monist temples and shrines as well as Churches next to mosques in their countries (Güngör: 208). The Uygur state had always had freedom of conscience and religion. The Turkic belief rejected discrimination based on ethnicity, language or religion. They were secular. They never touched local cultures in anyway (Çandarlıo ğlu: 124). Even during the times of war, they showed respect to other beliefs. The famous Byzantine historian Theophylact Simocatta explains how Avar Turks helped Romans by giving food and congratulated their Easter (Theophylact Simocatta: VII, 13, 2-5).

WOMAN RIGHTS

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wrestled with men, women went hunting with men and women skied with men and rode horses and used arrows (Altheim: 41). the Orhun Monuments states that, “God gave duty to Khan and his wife (Hatun-) to protect and administer the Turkic nation it (KT, East Side: 11). In Turkic states, Hatun had a strong position. Some of them involved administering the Turkic state or taking care of visiting ambassadors on behalf of the Qaghans or attending state meetings (Kafeso ğlu: 270). The Uighur documents have many female names; it shows that women were very active in social life. (Korkmaz: 66). In Turkic societies family was seen as a fundamental part of society. Therefore, it was unacceptable for a family to be enslaved or to have female slaves. In the Orkhun monuments evidenced that Turks did not like slavery or female slavery, “His son had to be an administer to Chinese, unfortunately he is a slave of Chinese, his daughter became a female slave, and she had to be a Hatun” (KT, North Side: 9). Women and children had their own belongings and property. When women got married what they brought with them, their husband did not have the right to use them without his wife’s permission (Donuk: 165). Crimes against women were accepted as one of the heaviest crimes and punished heavily, especially rape that broke the honor of women (Kafeso ğlu: 292). In the Book of Traveler, İbn Fazlan wrote that in Oghuz punishment of adultery was sentenced with the cutting off of two pieces of the body ( İbn Fazlan: 35).

ECONOMIC RIGHTS OF AN INDIVIDUAL

In Turkic family, private property ownership was a fundamental rule, families could freely possess items and properties (Arsal: 137). Every Hun had his own land. The Huns were busy with agriculture (Arsal: 220). Nomadic Turks’ wealth came from their animal herds. Gok-Turk Khans attacked other nations in order to increase the wealth of their own poor people and to feed them: “When I was a Qaghan, my nation was starving, they were poor, in order to feed them, I fought in the north with Oghuz, in the east with Kitay (Qitai), and Tatabi, in the south with the Chinese twelve times. I brought a naked nation into a clothed nation, a poor nation into a wealthy one” (KT, East Side: 28-29). In order to improve the economic conditions of his own people (a few thousand tents) Gok-Turk Qapaghan Qaghan brought 100,000 measured wealth, including 3,000 agricultural machines from China to his country. (Ta şağıl 2004: 24). Uighurs had institutionalized the trade transactions. They arranged a legal basis for loans and liens. These contract samples in the Uygur documents includes barter-rent-loan-pledge- purchase and sale. These contracts defined the parties , explained the subjects , and stated execution types. Moreover, the witnesses were recorded, contracts were dated , and the document makers’ signatures and seals were placed in the documents ( İzgi: 55). Khazar Emperor did not have the right to interfere with individual properties. Everyone was free to use their own possessed items or properties. Nevertheless, they were paying tax to the state (Dunlop: 250). According to legal documents, it is clear that Turks established full ownership rights on their properties. An individual was the sole owner of his property. He could use it rent it or sell it. Also when an individual died these properties were passed to his inheritors (Arsal: 341). Possessing properties with full ownership rightswas one of the main signs of free economic environment and it shows that the legal system protected individual rights.

RESPONSIBILITIES OF AN INDIVIDUAL

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things for his people or his country he had to be respected. Qaghan expects obedience from his people (KT, BK, T). Absolute obedience did not mean following Qaghan unconditionally. Among the Turks, Qaghan had to take care of his citizens; citizens did not take care of Qaghan (Ta şağıl 1992: 104). The state council had a meeting once a year. The administrators and the people of the land discussed issues there. It was akin to a direct democratic system. Another duty of an individual was not to abandon his own country. The Turkic nation believed that they had to live around their motherland and area to be happy. They did not like when people left their land. They feared that enemies would occupy their place. They always thought enemies may destroy them because of their abandonment. The Orkhon Inscriptions explains this situation of leaving their homeland:

1. “Turkic nation you get used to being full. Because you did not listen to your Qaghan and abandoned your homeland and went everywhere. You were killed and destroyed” (KT, South Side: 8-9). 2. “Because of disobeying orders, you made mistake against your state and you knew your Qaghan took care of you” (KT, East Side: 23-24). 3. “When Turkic nation resides in Otuken land and if they do trade around here, they will not have any serious problems. If you live in the Otuken forest, you will have your own state forever” (KT, South Side: 8). As depicted on these three esoterical arguments that living in your homeland and obeying orders of Qaghans was a part of survival. When they do not obey Qaghan’s orders and leave the homeland, what they would face was unknown. Another duty of the individual was paying tax to the state. As it is known that without tax income states cannot survive. Turks had a common cultural life, thus they believed that in order to have a proper state service, they regularly had to pay their taxes. To increase state incomes, rulers prepared a good environment for trade activities. In addition, states signed agreements with neighboring states (KT, South Side: 4, 8). The Hun and the Byzantine agreements had included some provisions regarding commercial transactions (Kafeso ğlu: 326-28, and see, Dunlop, İbn Fadlan). Moreover, individuals had to be so careful about neighbor state activities. It was a duty for being a good citizen in the eyes of Turkic states. The Turkic history documents point out that especially the Chinese invited Turks into China and then they assimilated them. Qaghans gave warning to their people about Chinese trickery and conspiracies:

1. “The Chinese have pleasant words, their silk is soft, with these pleasant words and silk they fool the Turkic people and bring them closer to themselves. Then, they plan evil things and the Turkic nation believes these pleasures and dies (KT, South Side 5-6). 2. “The Chinese nation is fishy and foolish. They bring brothers to become enemies. The Turkic nation lost their state and the Turkic Qaghans left the Turkic name” (BK, East Side 6-7). The Roman Emperor Justinianus (527-565) had a fear that the Turkic tribe Kutrigur that were banished could come back and reposses the Thrace . Moreover, Justinianus asked Utigur leader Sandilkh that if they destroyed Kutrigur the Roman Empire would send them yearly income instead of the Kutrigur leader Zabergan. Normally, Sandilkh wanted good relations with the Romans however, he believed that it was very bad to destroy his ethnic brother and he replied June 8, 2011 15:25 Research Publishing : IJAS Sample ijas-0403

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that: “They do not only speak our language, or live in tents like us, or live like us, or dress like us, even if they follow another leader, they are still our relatives”(Menander: Frg.2). Here the Byzantine Emperor demonstrated how they triggered and made enemies of the Turkic tribes, made them fought against each other and made them destroy each other. The Qaghans’ warnings come to mind and show how right they were. Sandilkh’s historical response was that individuals should be careful so that they would not get assimilated, not lose strength nor lose their state (Mangaltepe: 39).

CONCLUDING REMARKS

Since the ancient times Turks had legal rules called Töre. Steppe cultural life helped them gain the organization to construct a state in a short time. They looked for ways to make lonlasting states and established an administrative basis for this, such as, councils, laws and justice systems. Before and after Islam, within Turkic history the beneficiary of individuals was priority. An individual’s basic rights and freedoms were part of society’s accepted norms. Each individual had the right to believe what they liked and live as they pleased. As seen in the Khazar society freedom of religion and conscience was practiced among the Turksin the same manner. Economic freedom was also a part of steppe culture. Persons were free to possess share,rent or sell their properties. Women were always beside men and were never behind them or were never considered as the second class. They were never bought or sold. When women got married they had their own possessions and their spouses could not interfere in them . Women had many freedoms and were independent from their husbands. As a result, when we review old Turkic written documents and the Orkhon Inscriptions we will see similarities between these documents and universal declaration of human rights provisions. For example, the universal declaration of human rights acknowledges freedom of humanity, freedom to live, freedom to be equal before the law, freedom of conscience and religion, freedom to use public service equally. -. These principles were seen thirteen century ago in Turkic töre-accepted customs. It shows that the Turks largely contributed to the improvement of world civilization and the Turks were one of the first nations who brought into life personal rights and freedoms.

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