AITEKE BIY BAIBEKULY – Institute of History and Ethnology named after Sh. Sh. Ualikhanov

Aiteke biy Baibekuly (1644-1700) is an outstanding Kazakh statesman, ‘Orda biy’, who was a member of Khan’s council during the reign of Tauke khan ( 1680-1718). He was one of the authors of ‘Jety Jargy’ the set of laws of the centralized Kazakh khanate, as well as Tole biy, Kazdauysty Kazybek biy and other biys. Aiteke biy had a great influence on Kazakh state and foreign policy decision-making during Dzhungar invasion ‘The years of the Great Disaster’(‘Aktaban shubyryndy’).

Biography

Aiteke biy Baibekuly was born in 1644 in Kyzylsha (the territory of the present-day Uzbekistan) in a noble family (‘tekti aulet’ – a noble family that played a great role in traditional Kazakh culture, because it was recognized that these people had a special mission to serve the People). Aiteke was from the Kazakh clan of Tortkara, Alim tribe of the Kishi (Junior) Zhuz. There were famous people in Kazakh history such as: Oraz biy (1299-1385), who was one of the advisors of Amir Timur (the founder of the Timurid state who proclaimed Samarkand as the capital of his empire), Aksha khan (Khan of Kokand) (1622-1635) and Jalantos (1576-1656) (a ruler of Samarkand) who were in his bloodline (‘Shezhire’). In his childhood, he was brought up at the court of Samarkand 17 where Jalantos Bahodur was a ruler. He got his education in Ulugbek medresse and lately in Sherdor medresse, in Samarkand (according to other sources he got education in Bukhara). By a stroke of luck Aiteke biy was an observer of important political decisions at the Timurid Court where he grew up in the atmosphere of exquisite aristocratism and he got a degree in Islamic law, Logic, History, Astronomy, maths and rhetoric, which were compulsory subjects in medresse. He was fluent in Arabic, Persian and Chagatai languages. In addition to this, he absorbed the values and cultural traditions of the Kazakh nomadic society. Patriotism, critical thinking and devotion to his People were his credo. At the age of 25 he was elected as the supreme biy of the Kishi (Junior) Zhuz and some parts of Uzbeks and Karakalpaks. Kazakhs held meetings in Ordabasy, Kultobe and Ulytau to discuss main issues of common activities and development of Kazakh statehood. Sultans of all tribes, honorable biys, jyrau and batyrs were called on these meetings. All of them made important decisions concerning the life of the Kazakh society of that time. During the rule of Tauke khan people said: ‘ Kultobenin basynda kunde kenes’(‘There daily meetings on the top of Kultobe’). Aiteke biy was invited to the Khan’s council as a supreme biy of the Kishi (Junior) Zhuz. Tauke khan entrusted seven famous biys, including Tole biy, Kazdauysty Kazybek biy and Aiteke biy, with the task to create ‘Jety Jargy’ (a legal base of the centralized Kazakh state). Aiteke biy was an advisor of Tauke khan as well as he participated in war against Dzungars. It’s known that he was in Kazakh troops and tried to repel Dzhungarian invasion of Sairam city. In 1683, he was the head of 5000 armed troops and won a battle against Dzhungar commander Galdan-Boshaktu. During the speech at the Khan’s council, Aiteke’s words were very poignant. And there’s a lot of evidence that he could settle disputes between tribesmen and he also could foresee wise political decisions. However, feuds, ongoing disputes among tribes and tragic consequences for people after Dzhungar invasion had its impact on the destiny of a talented political figure. Aiteke biy begged for the death because he didn’t want to see the oppression of his People. He left Khan’s council and moved to his homeland near Nuraty. Aiteke biy died in 1700 at the age of 56.

Merits

First, with regard to the achievements of Aiteke biy, people traditionally mention his law-making as one of the authors of ‘Jety Jargy’(‘Seven Laws of Tauke khan’). It is commonly known, that there were several variants of legal regulation in Kazakh nomadic tradition that were based on current social demands. After self-proclaimed Kazakh state, due to Kerei and Janibek sultans split with Abulkhair, a new political and legal reality had emerged from some parts of the statehood of Dzhuchi and Chagatai. The former ‘Yasa’(‘Zhasau izi’)-(‘Tribal law of Genghis khan’) was supposed to be changed in accordance with new statehood. Thus, this task was accomplished by an outstanding Kasym khan, son of Az-Janibek. It was Kasym khan who draw up and invigorated ethic, moral, socio-legal norms of society and that contributed to the strengthening of unity at a higher level in comparison with tribal ties. He achieved his aim and created a state of nomadic civilization that differed with lifestyle, defined external borders, movement routes, mandatory taxes to the state funds, judiciary and he also regulated mechanism of community mobilization in case of wars and natural disasters. The set of laws that was drafted by Kasym khan people called as ‘Kasym salgan kaska zhol’(‘Shining path of Kasym khan’). This set of Laws consisted of 5 core sections: 1. The Property Law. It contained provisions on resolving disputes concerning land, cattle and property. 2. The Criminal law. This law considered different types of criminal offences and punishment. 3. The Military law. It stipulated obligation to maintain army in wartime, military duty, principles of units’ establishment and division of the spoils of war. 4. The Ambassadorial custom. This section considered issues of international law and Ambassadorial etiquette. 5. The Law of Community (‘Zhurtshylyk’). This section was dedicated to obligations of communities to render mutual assistance as well as to the rules of organization of celebrations and palace etiquette. The described political system was unstable and was based only on the personal authority of the ruler. This was obviously demonstrated during the second third of 16^th century, when every sultan tried to proclaim himself as a Khan. It was the first law in the history of Kazakhs, created on the basis of national traditions and the wisdom of nation. Consequently, Yesim khan suggested improvements in a new Legal code (‘Esim khannyn yeski zholy’)-(‘Ancient path of Yesim khan’). Finally, the political system of Kazakh state was changed fundamentally. The idea was to restrict political power of Chingizides and give more power to Kazakh-nomads, such as biys and senior representatives. There was some kind of ‘Revolution of biys’ that restricted political rights of Chingizides and gave more rights for community and its leaders. A new system was accepted by people because norms of ‘Adat’(‘customs’) were more acceptable in comparison with Sharia law, due to stockbreeding. This system restricted power of the Khan and engaged a large number of people in governing a state. The power of khan, biys, batyrs and their mutual responsibilities and rights were defined in Yesim khan’s legal act. Actually, it was a ‘Revolution of biys’ because khan restricted the power of aristocracy and referred to biys (Steppe judges). Maslikhat remained as the supreme legislative power. It consisted of all representatives of Kazakh communities and more powerful sultans. Maslikhat met once a year in Orda Basy, Kultobe and Ulytau. The weakening of khan’s role in political system caused changes in the principle of khan’s election. Although the principle of meritocracy remained in force, in fact, Kazakhs moved to the inheritance of Khan’s title till the beginning of 18^th century. Zhuz organization was introduced in the early 17^th century instead of ulus system when all Kazakh lands were divided between 3 economic-territorial units – zhuzs. Biys were the heads of Zhuzs, so called leaders of more powerful and numerous communities. In fact, all authority belonged to these biys. They were members of the Council of biys, that constrained the power of Khan. The authority of biys was based only on personal authority, where khan depended on them and he couldn’t influence on biy’s election. Aiteke biy was one of the most authoritative members in this Council of biys and he also was a leader of the Kishi (Junior) Zhuz. Knowing all norms of Kazakh nomadic law, Islamic law and understanding the legal system of other neighboring states, Aiteke biy, having participated in creation of the new set of laws “Jety Jargy’, made essential legal changes. The acceptance of the new set of laws was due to the following: 1. aim to strengthen internal political unity of Kazakhs and to establish a centralized Kazakh state. (Unity was necessary due to the growing Dzhungar threat). 2. aim to formulate common legal framework of Kazakh society that was relevant. ‘Jety Jargy’ consists of civil law, administrative and criminal regulations, marital relationships and sections about taxes, religion etc. The main principles that Tauke wanted to use in order to unify Kazakhs were: the principle of obedience to the elders (children need to obey parents, wife must obey to her husband; the people must obey to the ruler); the principle of shared responsibility (responsibility for a tribe and responsibility of the tribe about person). Criminal punishment was based on the principle of ‘measure to measure’, however, blood revenge could be changed to other punishments, such as: banishment, aiyp, kun,dure (strokes from the scourge) and death penalty.

However, death penalty was imposed in very rare cases. There were no prisons and places of imprisonment. Tribal banishment (when a tribal member was banished and it was amounted to a death sentence because this person couldn’t get support from own tribe anymore) was in common practice. Social ranking and social stratification were reflected in ‘Jety Jargy’ as can be seen in articles about different level of elites’ and individuals’ responsibilities. Most people were free legal subjects. Only slaves depended on their owners who could take their life. ‘Jety Jargy’ consisted of the Land Law (jer dauy) about resolving disputes about wells and grazing areas. The Family and Marital law that set up the procedures of conclusion and dissolution of marriage, duties and rights of spouses, as well as property rights of family members. The Military law regulated military mobilization in time of war, formation of units and election of warlord. The provision of proceedings regulated the order of court examination. The Criminal law set up punishment for various crimes except killing. The law about ‘Kun’ set up punishment for killing and grievous bodily harm. The law about Widows (Jesir dauy) regulated property priorities and personal rights of widows, helpless orphans, social and relatives’ responsibility. It’s worth noting that Islamic canon was reflected in ‘Jety Jargy’. For instance, a person who was stoned to death for apostacy. However, there were other prohibitions among nomad tribes, for example, there was death-penalty for incest. According to Kazakh law in-and-in marriage to the seventh generation was prohibited. Being an expert in Islamic law, Aiteke biy, could adopt different canons in Kazakh nomadic tradition. Due to the wisdom of Tole biy, Kazdauysty Kazybek biy and Aiteke biy, ‘Jety Jargy’ became a combination of centuries-long experience in legal regulation of nomadic life, ideal statebuilding of nomads that was reflected in Asan Kaigy’s ‘Jeruiyk’ (The promised land’) concept. Shokan Valikhanov called Asan Kaigy ‘the great steppe philosopher’. The activity of Aiteke was aimed at realization in ‘Jety Jargy’ the Kazakh dream about equitable social order, national unity, security and prosperity in steppe. This side of his nature found its reflection in his public speaking during meetings at the Khan’s council. Once upon a time, Aiteke asked people who gathered at the meeting: ‘Will hero reach the aim if he doesn’t lead his people to the happiness? Will people recover poise if they don’t praise their hero?! Will there be any happiness and success if a worthy man is the support of the nation and worthy people are his support? If you don’t honor the hero you will humiliate yourself. If you put the wrong man on the throne, you will court disaster. A bad man has an eye on other man’s while a worthy man thinks about the future. If you have an eye on other man’s, you will experience a failure. People will bless you if you provide for the future of people. A worthy man never goes wrong because he follows the wisdom of the Fathers. Worthy People never lose the way if their path is the path of honour!’ Aiteke promoted integration of three zhuzs against Dzhungars’ invasion and he also promoted balanced relations with Oirats and Russians. During the meeting in spring 1699, he addressed to the famous Kazakh bais and heads of the tribes and said: ‘ …You are few. People won’t save you wealth. Despite you are wealthy, you didn’t change lives of people for the better. All sultans, tore and tribesman take bribes and being tempted with chapans from Bukhara, Khivans and gifts from Orus (Russians), they betray their people. Some ambitious and power-hungry rulers find their own profit even in hostility against Dzhungars as well as they are engaged in treacherous intrigues and try to come closer to the throne. National unity is the ultimate goal of biy. Finding a solution avoiding entering into allegiance is the goal of the ruler. Dzhigit, who lost his native land, is miserable. People, who lost their mother earth, are miserable. An insidious enemy have no sympathy for others. We must consider war-like situation and define the exact places where our people live during summer, winter and spring-fall ranges. All rulers must create armed troops, citizens in arms and concentrate army posts on definite places near dangerous borders. We should train an army in these places. It is essential to relocate auls with large number of livestock deeper to the sands of Kyzylkum and Karakum to avoid, first of all, plundering inroads, then, if necessary, all of them must supply our warriors with provisions, transport and brave fellows.We should buy a sufficient quantity of modern weapon avoiding entering into allegiance. In addition, it’s necessary to declare a special situation and we should be taxing bais, sultans, tore and tribal chiefs in the form of horses, camels, wool and skin of animals in exchange for weapon. People support this and for the sake of peace they feel generous. To strengthen defense capacity, I suggest to create a group of people at the khan’s council which could choose a worthy man who could be responsible for security of our people. If we don’t foresee troubles and threats people won’t forgive us’.

Thus, Aiteke was a sincere patriot, representative of the people, wise man, who proposed solutions and could foresee troubles concerning riskiness of colonization. People still remember his proverbial expressions that demonstrate his sincere love to his people: ’If you are rich, make a difference for your people. If you are a warrior, overcome your enemy. If you are rich and don’t make a difference for your people, or if you are a warrior and don’t overcome your enemy, then, you will be a stranger among your own people’. Due to his wisdom Kazakhs managed to ‘die and be reborn’ several times (‘Myn olip, myn tirilgen halyk’) and to save their statehood. Aiteke biy said: ‘My life belongs to the people and only my death belongs to me’ (‘Omirim ozgeniki, olim gana ozimdiki’).

There some examples of his poetry:

‘There is no mind in anger.

An inflamed with wrath will be washed away,

Anger is a rapid mountain stream,

Mind is infinitely quiet,

Gold will stuck in such stream.

Two different people shouldn’t become relatives.

If you became relatives, then, don’t say angry words to them.

If someone traduces, he won’t be able to avoid troubles.

Only compatibility leads to prosperity and success.

As you welcome your brother with respect when he comes,

As you greet your guests.

If you have a smart younger brother

Like a bird’s wings,

You will be calm and happy.

If the elder brother has such a happiness,

Then, the duty of this younger brother is to cope with tasks quickly,

And the duty of the elder brother is to bring up the younger, isn’t it?

However, if they quarreled , it’s like a fire’.

There are some words in people’s memories: ‘Aiteke speaks ardently, accurately and reveals the truth, Kazybek biy speaks with the deep meaning and Tole biy talks and arrives at the truth’ (‘Aiteke zharyp aitady, Kazybek kazyp aitady, Tole tauyp aitady’).

Memory

Aiteke was buried in near Tashkent (Republic of Uzbekistan) where his ancestors Oraz, Tokpan, Seitkul and his father Baibek were buried. According to other sources, he was buried in Aiteke biy Mausoleum in Nurat city, Navoi region, Uzbekistan. Local population consider this place as a holy. The name Aiteke biy was recorded deservedly to the Kazakh history and law. There are a lot of streets, monuments in all cities and regions of Kazakhstan named after Aiteke biy. Law faculties at Universities pay a special attention on the study of the ‘Jety Jargy’, Tole biy, Kazybek biy and Aiteke biy. His name was associated with honour, dignity and justice.

In 2003 a postage stamp honouring Aiteke biy was released in Kazakhstan.

The leader of the Nation N.Nazarbayev said about three famous biys who lived in 17^th-18^th centuries, whose names were connected with the echoes from the ‘Golden age’ in justice of the Steppe: ‘ They became an imperishable icon of unity, their passionate speech mesmerized future generations like sacred books… We can talk a lot about famous life of these three great people, about their actions for the sake of honour, dignity, glory of the people and their natural leader talent, readiness of speech and higher justice’ [8].