Eliminating the Deprivation as the Essential Factor in the Mongol Legal and Judicial System: Genghis Khan, the Embodiment of the Law (7th-8th Centuries AH)

The state founded by Genghis Khan in Mongolia at the beginning of the 7th century AH (13th century AD) cannot be compared with the previous period of tribal conflicts and discords in terms of the judicial system. During his rule, Genghis Khan addressed not only military matters but also paid attention to the legal and judicial basis of Mongol society. Based on a descriptive-analytical approach and using documentary sources, this article aims to examine the Mongol basis and the perception of the concepts of rightness and justice in Ilkhanid Iran. The study shows that the most basic source of law in the Mongol judiciary and legal system was the “elimination of deprivation”. In other words, from a Mongol perspective, the concept of rightness corresponded with the elimination of deprivation rather than justice. This perception was in contradiction to the worldviews of conquered nations, particularly the Muslim Iranians. Even after their conversion to Islam, the Mongols continued to view Genghisid Yasa and Yusun as the primary source of rightness and justice. From this perspective, they both were “the embodiment of the law”. At the same time, the Genghisid dynasty conceived tribal obedience as the realization of justice.