ASTANA—Kazakhstan celebrates 380 years of a revered Kazakh judge and a master of the word, Aiteke Bi (bi—noble judge). His legal norms introduced to the Kazakh code of law played a crucial role in uniting the nomadic Kazakhs and putting an end to years of bloodshed.
Aiteke Bi, the chief bi of the small zhuz.
Aiteke Bi was the chief bi of the small zhuz, one of the three Kazakh tribal alliances, alongside Tole Bi of the great zhuz and Kazybek Bi of the middle zhuz. For nearly 30 years as chief judge, culminating in his time as an adviser to Tauke Khan, Aiteke Bi, who is widely admired, has helped shape Kazakh society through his sharp intellect and fairness.
Over three centuries later, his legacy in the foundations of the judiciary still serves as a reminder of the importance of the pursuit of justice.
The making of a great judge
Aiteke Bi was born in 1644 in what is now the village of Kyzylsha in Uzbekistan. He spent most of his life in the southern regions between the Syr Darya and Amu Darya rivers.
His family lineage was well-respected in the Kazakh steppe, with his ancestor Oraz Bi serving as one of the closest advisers to Amir Timur, the founder of a vast empire in Central Asia who made Samarkand his capital. Aiteke Bi’s grandfather, Zhalantos, was regarded as the third most prominent ruler of Samarkand, following Timur and Ulugbek.
The court of bis was a very reputable institution that resolved many disputes at an individual level as well as between the nomadic tribes. A wise bi was highly respected among the people and his decisions were strictly followed. Photo credit: e-history.kz
Aiteke Bi received a well-rounded education for his time. From the age of five, he was mentored by renowned bis around the household of his grandfather, Zhalantos. He later studied at the prestigious Ulugh Beg madrasah, where he mastered several languages, including Arabic, Persian, and Turkic. Upon completing his studies, Aiteke returned to his homeland and assisted his father in governing issues.
Aiteke Bi’s mastery of Kazakh wisdom, eloquence, and the scholarly traditions of his renowned ancestors earned him great fame and respect. At 30, his kinsmen recognized his talents and elected him a chief bi of the small zhuz. Later, Tauke Khan appointed him to represent the small zhuz in the Council of Khans. From that point on, Aiteke Bi regularly participated in the annual gatherings of Kazakh rulers and influential figures from all three zhuzes, first held in Ordabasy, and later in Kultobe and Ulytau.
Those meetings addressed strengthening national unity and resolving disputes between tribes and zhuzes. While Kazybek Bi was called the “goose-voiced Kazybek” for his powerful and resonant voice, Aiteke Bi was known for the sharpness of his reasoning, with his words often compared to the precision of a sharp sword.
Pioneering legal reforms with Zheti Zhargy code of law
With raging wars and mass migration, the 17th century provided a blueprint for an enlightened judicial system. Before the power to hold criminals accountable was written into the constitution, it had a long history in Kazakh nomadic law. The roots of the process date back to 17th-century Kazakhstan, when Zheti Zhargy (Seven Charters) code of laws was created.
In 1684, under the leadership of Tauke Khan and with the involvement of prominent statesmen such as Tole Bi, Kazybek Bi, and Aiteke Bi, Zheti Zhargy was enacted. This legal code not only strengthened the feudal system but also played a crucial role in fostering national unity within Kazakh society. Adopted at nationwide congresses near Turkistan, it embodied the patriotic will of the people.
At the foundation of Zheti Zhargy were the principles of adat (local customary practices) and sharia (Islamic law). There were sections on property and land, family-marriage relations with the rights and obligations, the law on punishment for various crimes, including the payment of qun (compensation for grave crimes) and the law on widows, which regulated the rights of orphans and widows.
Aiteke Bi, one of the main contributors to Zhety Zhargy, opposed the “life for life, blood for blood” principle and insisted on a just punishment. The introduction of payoff or qun helped to stop the chain of bloody vendettas between the Kazakh tribes.
In a chronicle “People’s Court of Customary Law of the Kirgiz of the Small Horde: Scientific Literature,” historian Leonid Slovohotov writes that the ransom for murder was set at 1,000 sheep for a man and 500 sheep for a woman. The higher the victim’s social rank, the greater the ransom could be.
Additional laws required two to three witnesses to establish the fact of a crime. In the absence of such witnesses, guarantors—individuals known for their integrity—could vouch for the accused. If no one could provide this guarantee, the suspect was punished.
It may conjure up images of violence or reprisal, but nomadic lifestyle also created a society that was, remarkably, just and non-tolerant to delays. A court decision was rendered in a few hours, sometimes days.
Aiteke Bi mausoleum in Uzbekistan
Aiteke Bi is buried 75 kilometers from Tashkent, in the Navoi Region of Uzbekistan. In 2009, Kazakhstan’s former president Nursultan Nazarbayev commissioned the construction of a mausoleum at his burial site. The complex, which spans six hectares and includes a mosque, a hotel, and a park, is now visited by many people from both nations who honor his legacy.
This year, a large-scale event commemorating the 380th anniversary of Aiteke Bi took place at his mausoleum in Uzbekistan. Photo credit: gov.kz
This year, a large-scale event commemorating the 380th anniversary of Aiteke Bi took place at his mausoleum, which was organized with the support of the Navoi Region’s administration.
“Our region is multinational. Kazakhs live in the districts of Tomdi, Konimex, Zarafshon, Uchquduq. Therefore, we understand each other well, know our past and understand the present. The depth of our cultural and spiritual ties is proved by the fact that important people from Kazakhstan attended this event. All this contributes to the further strengthening of our relations,” said Akram Mukimov, head of the Navoi Region Culture Department, reported Kazinform news agency.
According to the Navoi Region Tourism Department, the Aiteke Bi mausoleum is visited by 7,000-8,000 people annually. This year the number of visitors has increased significantly.
