Visions of Justice: Sharīʿa and Cultural Change in Russian Central Asia PDF
Preview Visions of Justice: Sharīʿa and Cultural Change in Russian Central Asia
Visions of Justice Handbook of Oriental Studies Handbuch der Orientalistik Section Eight Uralic and Central Asian Studies Edited by Nicola Di Cosmo Volume 24 The titles published in this series are listed at brill.com/ho8 Visions of Justice Sharīʿa and Cultural Change in Russian Central Asia By Paolo Sartori LEIDEN | BOSTON This is an open access title distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 (CC-BY-NC-ND 4.0) License, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Cover illustration: “Triangle Comedy”, Mushtum 23 (1937): 11. Library of Congress Cataloging-in-Publication Data Names: Sartori, Paolo, 1975– author. Title: Visions of justice : Sharia and cultural change in Russian Central Asia / by Paolo Sartori. Description: Leiden ; Boston : Brill, 2016. | Series: Handbook of oriental studies. Section eight, Uralic and Central Asian studies ; Volume 24 | Includes bibliographical references and index. Identifiers: LCCN 2016034428 (print) | LCCN 2016035432 (ebook) | ISBN 9789004330894 (hardback : alk. paper) | ISBN 9789004330900 (e-book) | ISBN 9789004330900 (E-book) Subjects: LCSH: Law—Asia, Central—History—19th century. | Muslims—Legal status, laws, etc.—Asia, Central—History—19th century. | Islamic law—Asia, Central—History—19th century. | Muslims—Legal status, laws, etc.—Russia— History—19th century. Classification: LCC KLA477 .S27 2016 (print) | LCC KLA477 (ebook) | DDC 340.5/90957—dc23 LC record available at https://lccn.loc.gov/2016034428 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface. issn 0169-8524 isbn 978-90-04-33089-4 (hardback) isbn 978-90-04-33090-0 (e-book) Copyright 2017 by Paolo Sartori. This work is published by Koninklijke Brill NV. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi and Hotei Publishing. Koninklijke Brill NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid-free paper and produced in a sustainable manner. Contents Acknowledgments vii Note on Transliteration and Nomenclature ix Abbreviations x List of Maps and Illustrations xii Introduction 1 1 The Islamic Juridical Field in Central Asia, ca. 1785–1918 40 2 Native Judges into Colonial Scapegoats 104 3 The Bureaucratization of Land Tenure 157 4 Annulling Charitable Endowments 211 5 Fatwas for Muslims, Opinions for Russians 250 Epilogue. The Legacy: Opportunities from Colonialism 306 Appendix I: Examples of Diplomas of Appointment to the Office of Qāḍī 316 Appendix II: Examples of Sale Deeds of Land in Tashkent, 1856–1883 321 Appendix III: Ṣādiq Jān Ākhūn Jān-ūghlī vs. Muḥyī al-Dīn Khwāja Īshān Qāḍī 325 Appendix IV: A Qāḍī ’s Ruling on a Defamation Case 347 Glossary of Islamic Terms 352 Archival Files Consulted 355 Bibliography 365 Index 389 Acknowledgments This book has been long in the making, and, along the way, I have accumulated many debts to people and institutions. Without their help, this project would have never seen the light of the day. I owe debts of gratitude to the Gerda Henkel Foundation, the Volkswagen Foundation, the Austrian Science Fund (FWF), the German Research Fund (DFG), the French Institute for Central Asian Studies (IFEAC, Tashkent), the Central Asia and Caucasus Research and Training Initiative of the Open Society Foundations (CARTI, Budapest), and the Austrian Academy of Sciences for providing material support for research in Europe, Russia, and Central Asia. The seeds of this book were planted in 2007 when a Volkswagen Foundation fellowship allowed me to spend four years at the Martin Luther University of Halle-Wittenberg, in Germany. There I had the unique privilege to work with Jürgen Paul. His erudition and passion for things Central Asian have been one of my greatest intellectual inspirations over the years. Volker Adam, Bekim Agai, Ildikó Beller-Hann, Johann Büssow, Jeanine Dağyeli, Ralf Elger, Kurt Franz, Chris Hann, Asma Hilali, Christian Müller, Francesca Petricca, Nader Purnaqcheband, Philipp Reichmuth, Christina Turzer, and Wolfgang Holzwarth made my stay in Halle an exciting and collegial experience. Thank you for your generosity and patience. A visiting professorship to the École des Haute Études en Science Sociales, in Paris, in spring 2012 allowed me finally to see the contours of this book. I am grateful to Alain Blum, Randy Deguilhem, Isabelle Ohayon, Alessandro Stanziani, and Julien Thorez for convening the research seminars where I pre- sented a dry run of the materials which then evolved into chapters two, four, and five. An incentive to complete this book came from the many invitations I received over recent years to present my work in universities and research institutes. Audiences at Leiden University, the University of Liverpool, the Institute of Ismaili Studies (London), the Nehru Memorial Museum & Library (New Delhi), the Ben-Gurion University of the Negev, the Uzbek Academy of Sciences (Tashkent), the University of Exeter, Harvard University, and Indiana University have heard and commented on versions of some of these chapters. The Institute of Iranian Studies at the Austrian Academy of Sciences has been a wonderful place to work over the last few years. I am deeply grateful to the Director, Florian Schwarz, for giving me the opportunity to focus on my research and creating a vibrant and stimulating academic setting where Central Asianists can feel at home. I am also thankful to my colleagues for being supportive of my work and generous in sharing their input, advice, and a healthy dose of laughter. viii ACKNOWLEDGMENTS Over the many years of research and writing that have gone into this book, many friends and colleagues have helped me, and I would like to thank them here for their assistance: Sergei Abashin, Bakhtiyar Babajanov, David Brophy, Alfrid Bustanov, Jeff Eden, Allen Frank, Rozaliya Garipova, Rebecca Gould, Daniele Guizzo, Michael Kemper, Alberto Masoero, Nasriddin Mirzaev, Alexander Morrison, Beatrice Penati, James Pickett, Danielle Ross, and Uktambek Sultonov all contributed astute comments on various aspects of the questions addressed here. While telling a story about tossing a copy of Nabokov’s Lolita out of the window or sharing a startling comment over the latest issue of The New Yorker, Ulfat Abdurasulov and Tom Welsford read the entire manuscript several times, challenged me with their probing criticism, and listened to incessant monologues. They also opened a world of friendship to me. I also want to thank Devin DeWeese, Niccolò Pianciola, Ido Shahar, and Sanjay Subrahmanyam for pushing me, either by design or inadvertently, to reach beyond the usual frontiers of academic conventions. A special word of recognition is due to Svetlana Jacquesson. Between Halle, Istanbul, and Bishkek I learned from her more than I can easily summarize. I want to thank Nicolette van der Hoek, my editor at Brill. Her capable col- laboration has made the production of this book a pleasant experience. The reports of two anonymous referees of Brill Publishers were useful in revis- ing the manuscript, and I am naturally grateful to them. Special thanks are due to Alan Hartley for careful copyediting and to Bettina Hofleitner for the maps. I thank Cambrige University Press for permission to reprint sections in the Introduction from my article “Constructing Colonial Legality in Russian Central Asia: On Guardianship,” CSSH 56/2 (2014): 419–47. I also thank Brill for allowing me to reproduce in Chapter 2 parts of my article “Authorized Lies: Colonial Agencies and Legal Hybrids in Tashkent, c. 1881–1893,” JESHO 55/4–5 (2012): 688–717. The greatest debts are owed, of course, to my family. Special thanks to my parents Gildo and Giovanna Sartori for their unfailing and unconditional support and care. Caterina came into this world just as I started work on the manuscript. Together with this book she travelled many places and faced an itinerant life with her big smile. The late Edda Benetti Plafoni helped keep my sometimes flagging spirits high with her memorable dinners. It is to Barbara Plafoni Sartori that I dedicate this book for her witchcraft, big heart, and dreams. Note on Transliteration and Nomenclature For Islamic names and terms, I adopt the transliteration system for Arabic used by the International Journal of Middle East Studies. In so doing, I opted for a simple one-to-one correspondence between grapheme (in the original Arabic script) and phoneme (in the Latin). I have avoided rendering the presumed pronunciation of words in Persian and Chaghatay (Central Asian Turki) and introducing any artificial phonetic distinction between front and back vowels characteristic of the Turkic languages spoken in Central Asia. My transcription of Russian follows the Chicago Manual of Style with a few exceptions: iu, ia instead of yu and ya. One complicating factor for the transliteration system that I employ is the variety of orthographic forms for certain names (e.g. Murād, Murat). In the attempt to avoid a normative approach to rendering such variations, I render names in the form in which they appear in whatever text is under discussion. For the sake of clarity and uniformity, however, I did not follow this rule when dealing with Islamic terms appearing in Russian sources. I thus give no account of how they are rendered in Russian and opt instead to transliterate them from their presumed Arabic-script rendering (e.g. mulk and sharīʿa instead of miulk and sharigat). Most of the unpublished material on which the chapters of this volume are based comes from post-Soviet archives, and the citation of the archival mate- rial thus follows the standard system used in Russian studies. The archival col- lection, the inventory, the file, and the folio are indicated respectively with the following Russian abbreviations: f. (fond), op. (opis’), d. (delo), and l., ll. (list, listy), ob. (oborot). Throughout this book I refer frequently to Central Asian historical actors as “Muslims.” The adjective “Muslim” here refers to the population and is employed mostly as an emic category. It does not reflect any ascription to reli- giosity or politics. Nor do I understand “Muslims” as a population inhabiting a clearly defined and self-contained sociocultural domain. As the reader will see, this book includes cases reflecting substantial variations among Muslims’ beliefs and behavioral patterns that would complicate any essentialist vision of things Muslim. The same approach applies to the terms “Russians” and “colonizers.” Abbreviations Archives AMIKINUz Arkhiv muzeia istorii, kul’tury i isskustva narodov Uzbekistana, Samarqand FBKOANRUz Fundamental’naia biblioteka karakalpakskogo otdeleniia Akademii Nauk Respubliki Uzbekistan, Nukus IQM Ichan Qalʾa Muzei, Khiva IVRAN Institut vostochnykh rukopisei Rossiiskoi Akademii Nauk, St. Petersburg NBUz Natsional’naia biblioteka Uzbekistana im. Alishera Navoi, Tashkent ObAKh Oblastnoi arkhiv Khodzhenta, Khujand TsGARUz Tsentral’nyi gosudarstvennyi arkhiv Respubliki Uzbekistan, Tashkent TsVRUz Tsentr vostochnykh rukopisei im. Abu Raikhana Beruni pri Tashkentskom gosudarstvennom institute vostokovedeniia, Tashkent Journals and Reference Works AHR American Historical Review AHSS Annales. Histoire, Sciences Sociales AS Asiatische Studien BSOAS Bulletin of the School of Oriental and African Studies CAS Central Asian Survey CAC Cahiers d’Asie centrale CMR Cahiers du Monde russe CSSH Comparative Studies in Society and History DI Der Islam EIr Encyclopædia Iranica. London and New York: Routledge & Kegan Paul, 1985‒ EI2 Encyclopaedia of Islam, 2nd ed. Leiden: Brill, 1960‒2004 HLJ Hastings Law Journal GAL Brockelmann, Carl. Geschichte der arabischen Literatur. Leiden: Brill, 1996 [1st ed. 1943], 5 vols (vols. G.I–II and S.I–III) GLR Griffith Law Review
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