著者

磯貝 真澄

出版者

東洋史研究会

雑誌

東洋史研究 (ISSN:03869059)

巻号頁・発行日

vol.74, no.2, pp.386-355, 2015-09

---

This paper focuses on a dispute over a division of an inheritance "according to Shar'īa" among Turkic Muslims (Tatars, Bashkirs) in the Volga-Ural region of the Russian Empire in the late 19th century, and explains administrative procedures employed in the judicial settlement made by the Orenburg Muhammadan Ecclesiastical Assembly. The procedures employed in the Ecclesiastical Assembly, by its members, i. e. qādīs, and by imāms of mahallas under its jurisdiction, differed from those of Shar'īa courts under historical Muslim governments, e. g. that of the Ottoman Empire. On the whole, their judicial work followed the laws of the Russian Empire procedurally. At the same time, they followed Islamic law in general for substantive legal issues, even citing Arabic phrases from Islamic law books and writing those phrases into documents they prepared or examined. But, we need further studies to grasp the syncretic integration or combinations of the imperial law and Islamic law. Characteristics of the Ecclesiastical Assembly as a judicial institution were different from those of Shar'īa courts, and were similar to those of general courts of the Russian Empire before the "Great Reforms." We can say that the Ecclesiastical Assembly examined cases on the basis of written documents in ex-officio investigative-like fashion. In such an imperial judicial and administrative system, qādīs and imāms "proceeded with lawsuits, " making reference to Arabic books on Islamic law. And the Ecclesiastical Assembly as a council made its decisions, adopting qādīs' examinations and conclusions in most cases.