June 8, 2011 15:25 Research Publishing : IJAS Sample ijas-0403 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 INTRODUCTION The most significant historical documents of the pre-Islamic Turks are the Inscriptions of Orkhon dated from 732 to735.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-Tegin, 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 Turkish language. 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 93 June 8, 2011 15:25 Research Publishing : IJAS Sample ijas-0403 94 Ismail Mangaltepe Khazars, the Uighurs, the Pechenegs, and the Cuman-Kipchaks, who brought forth the Turkic legal system. For over a 5000 year old Turkic 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 Orkhon Inscriptions 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 Individual Rights and Responsibilities at Pre-Islamic Turkic History 95 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 China, 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 Women were always beside their husbands in any social relation or political gathering, even during the war. It had been informed that woman were even playing ball with men, women June 8, 2011 15:25 Research Publishing : IJAS Sample ijas-0403 96 Ismail Mangaltepe wrestled with men, women went hunting with men and women skied with men and rode horses and used arrows (Altheim: 41).