“EREJELER” AS AN ATTEMPT OF CUSTOMARY LAW CODIFICATION OF THE KYRGYZ PEOPLE AND ITS ANALYSIS FROM THE PERSPECTIVE OF ISLAMIC LAW

Annotation In this article, the customary law that named “Ereje-6” of the Kyrgyz people who had to the so old history to the Christ, was discussed in the perspective of the Islamic Law. Exactly, the customary law that consisted in the rural and mountain region after the legalization that had the Kyrgyz people to settlement of the date 17-19 cc. After the giving a short portrait of the history of the Kyrgyz people, we had talk about their retreating to the rural and mountains territories from the Chinqiz Khan’s damination that happened after the 1212 and after the Tsarist Russian Empire’s occupation, also after these progress we talked on the customary law customs that constitutived from the 8 cc. to the 18 cc., and their factors witch effected for the institutionalize of the customary law, and its importance in the all steps of the life in the society. After the all these themes, we had to talk on the Kyrgyz people’s perception of a law and the judicial system that established according to their nomadic life conditions, and the structure of this judical system and the functioning, and officials who were working in this structure, and their designation, dismissal, salary, and the judgment mechanism, and the matters that discussed in the courts. And we had to give the short portrait of the “Erece”. The “erece” is meaning social character that all society needs to it and its inevitable subject as a part of the law. Actually, we talked the themes of the “Erece” like; the transcribing of this “Erece”, and its customs that accepted as a code of the law, and its interpretation between the paragraphs. Therefore, we talked on the biys and manaps who directed the all Kyrgyz people and on their chanching the some paragraphs of this codificasion in the kurultay as a appropriate to the Kyrgyz society, and its chanching philosophy and its factors. Finally, we discussed the biys and manaps authority on the “Erece-6” that written in the Karakol in 1907, also we talked on the changing of the Kyrgyz customs to the code of the law, and biys and manaps comply to Islamic law while they making the custom to the code of the law. Actually, we focused the portrait of fourty items of the “Erece-6” that compared with the Islamic law, and all these items of “Ereje-6” was discussed as a part of law, finally we had to knowledge its quality in the some subjects. Therefore, the Kyrgyz people were disregard the Islamic law although after they accepted the Islam and they were prioritizing the customary law that was working for the interests of the people. In fact, they were to care about the law system that keeping the person in the center all time. Shortly, we have to discuss on the intermingling character of the customary and Islamic law system, and this so important for the Turkic people as a historical mirror. And in the context of this idea, we have to witness of the implementation of the two law system in the all period of life, and we achieved to the so more important fictions and results. Keywords: Islamic Law, Kyrgyz, Ereje, Customary Law, History.