Correlation of public and private law in resolution of disputes and conflicts in Uzbek khanates in 16th–19th centuries

The paper investigates various methods of resolving interpersonal and collective disputes and conflicts used by the Uzbek khanates in the 16th–19th centuries. Significant growth of the global Muslim population and the enhanced role of Muslim states in the political, economic, and financial sectors inevitably contribute to a rising tide of interest to the fundamental principles of Islam expressed in Sharia law and scientifically and practically reflected in fiqh based on the Quran and Sunnah in legal science. According to the legal dogmas of Sharia and the religious dogmas of Islam, which govern the life of Muslims submitting to God, the faithful were first supposed to try to amicably resolve any dispute between Muslims through by themselves, through mediation or negotiations involving respected representatives (relatives of the conflicting parties, aksakals of the mahalla and villages, amins of the amlaqdars, ministers of religion), or an arbitrator chosen by them. If it is impossible to resolve a dispute at the lower level, Muslims used the right to appeal to both the religious court of the qadi (magistrate) or the court of the biys (for nomadic peoples) and the administrative court of the hakim (bek) or the court of the ruler (khan or emir). The paper discusses the procedural features of consideration, methods, techniques, and legal framework for resolving pre-trial disputes and conflicts in the Uzbek khanates and focuses on pre-trial and, in a broader sense, extra-judicial conflict resolution as the main method to find a compromise between the disputing parties. A conclusion is also made that the disputing parties may use the right to choose jurisdiction if it is impossible to resolve the dispute at the lower level.