"But where to put them?": the moral and legal conflicts in the ummah of Siberia

Abstract

The aim of this paper is to study the transformation of moral-legal relations among muslims in the XVII-XX-th centuries. Although since the "Great Yasa" of Genghiskhan and to occurrence of Siberia in Russia many legal rules already worn here relative character, defining the field "possible", "valid", "forbidden". And it concerned not only issues of land ownership and institut mifotvorchestve siberians had no resemblance to Middle Eastern model: pastures and fisheries belonged to the genus, regarded as common property. On the other hand, the community lacked an organized life. The function of the regulator served Islam, but even in the period of the Siberian khanate, he did not become the State religion, and have not been here the proceedings only on shariat.

Even in the later period of knowledge on legal culture obtained in mektebe and medrese (as well as individually) distinguished prescribed and "deferred" (due to circumstances). In General, the legal culture of Siberian Muslims had to be adapted to the Imperial and Soviet law. Creating a synthesis of standards (adat, shariat, secular laws) are not always ensured the control of proceedings in the field. There was also an attempt to declare a "wild krosskuzennye" Customs and ortokuzennye marriage.