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63 While Ibn {ArabshÊh’s sarcastic overstatement needs to be tempered in the light of ShÊhrukh’s Islamicizing policies, it points not only to the perception on the part of the Muslim religious establishment of the cultural importance of the törä for the military elite on whom ShÊhrukh was dependent for the maintenance of his rule, but also to the fact that, 59 On ShÊhrukh’s madrasa and its curriculum, see Maria Eva Subtelny and Anas B. Khalidov, “The Curriculum of Islamic Higher Learning in Timurid Iran in the Light of the Sunni Revival under ShÊh-Rukh,” Journal of the American Oriental Society 115, no.

It is for these reasons that it would be so difÀcult to effect a transformation of the Chinggisid-inspired polity established by Temür, and that the Timurid transition to a centralized bureaucratic state on the Perso-Islamic model would remain elusive. Tensions between Islamic Law and the Timurid Törä There were many aspects of the törä that conÁicted with and even contradicted Islamic practices. 52 The yarghu violated the fundamental norms of Islamic judicial procedure in that the accused was presumed guilty rather than innocent, and testimony was not based on the use of impartial, certiÀed witnesses.

As an ad hoc court of investigation, the yarghu resembled a kangaroo court more than it did a court of law, and Islamic jurists disapproved of the indiscriminate use of torture, wholesale conÀscation of property, and summary execution that marked its proceedings. Another important area in which Turko-Mongolian customary law conÁicted with the SharÒ{a concerned dietary practices. 54 In fact, the problematic relationship of the yasa to the SharÒ{a was, in the opinion of Beatrice 52 For the yarghu under Temür, see Woods, “Timur’s Genealogy,” 101; and Manz, Rise and Rule of Tamerlane, 171–72.

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Mother Earth News October-November 2010 by Ogden Publications, Inc.


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