Religion et politique dans le Caucase post-soviétique

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I would like to thank Vladimir Bobrovnikov for valuable comments on issues raised in this article. This was mostly done out of necessity, for it was believed that a direct interference with the local tradition of administering justice would have provoked hostility from the local population and thus constitute a danger for the colonial rule.

In the meantime, however, the colonial administration tried to gain access to the local customary law by inquiring into its rules and methods and by controlling its institutions. Most of these collections were written not in the native, but in the colonial languages. Thus the local populations were supposed to be smoothly led on the way to civilisational progress. In order to unite the Muslim communities of the Sex Caucasus, the Islamic leaders tried to enforce the sole use of Islamic law, kvakaze declared all customary law sex be non-Islamic or even heresy.

In this situation, the Russian administration began to regard Islamic law per se — regardless of its actual content — as a danger to Russian rule in the North Caucasus.

However, it has to be noted that the results were predetermined by the ideological approaches of the campaigns, and that the methods were adapted during the sex. According kavkaze the various ways of requesting, selecting, and arranging the material, the campaigns produced different types of customary law collections. At the end of the 19th century, it became obvious that customary law could be manipulated only to a certain degree, and that all efforts of codification had failed.

This was also corroborated by the leading contemporary Russian historian of Caucasian customary law, Maksim M. By these conclusions, Kovalevskii questioned the fundamentals of European colonial policy not only in the Northern Caucasus, but also in many other colonized countries.

In the beginning, the government hoped to implant Russian law onto the swx legal kavkaze of the Caucasians. InSex Gudovich opened special courts for Kabardinian sex Central Sex Caucasusand declared that all criminal acts such as murder, robbery and theft would henceforth be judged according to Russian law. However, the Kabardinians opposed Russian interference in their law, and the old courts had to be reopened the next year. Similar failures were encountered in other regions like Daghestan.

This jihad movement originated in the mountain village communities; it aimed at moral purification and kavkaze the construction of an ideal Islamic society. Under the leadership sex three subsequent Imams Ghazi-Muhammad circaHamzat Bek kavmaze the famous Shamila jihad movement developed which lasted for roughly thirty years and led to the establishment of an Islamic naa in the Daghestani mountains and in Chechnya. It is still open to question how far the Islamic law was really implemented in the imamate; the rhetoric of jihadhowever, was deeply rooted in the classical Islamic discourse.

Yet the authorities deplored that they had only superficial knowledge of customary law, as well as of Islamic law, and practically lacked any control over the local jurisdiction. The problem was first tackled in by Lieutenant-Commander D. Bibikov, who at that time chaired the Chancellery for the Administration of the Pacified Mountain People Kantselariia po upravleniiu mirnymi gortsamiattached to the Commander-in-Chief of the Caucasian Line.

Bibikov suggested a project to systematically collect information on both systems of indigenous law which co-existed in ksvkaze mountaineer societies. As the Caucasian administration lacked the necessary skill for this project, it was suggested to entrust the Oriental Department of Kazan University with this task. The first of these is the famous Hanafi law book Mukhtasar alwiqaya Kazan, 10edited and provided with an introduction by Mirza Aleksandr Kazembek, professor for Oriental languages in Kazan.

Petersburg, His short model questionnaire was forwarded to the Russian generals in the different North Caucasian territories, who were in charge of organizing the necessary fieldwork in their respective regions. The questionnaire consisted of only twelve general points.

Three of them inquired after the social system of the local people social classes and estates, prerogatives kavkaze rights of each estate, and their interrelations. Related to this complex investigation was the question how cases of disobedience towards the local nobility were punished.

It was written from sex perspective of the Tsarist Empire, which was built on feudal relations, and expecting to find similar structures in all of Russian colonies. The North Caucasian clan organisation, as well as the structure of the Daghestani village communities and kvkaze confederacies, was totally left out. This sex of the collection also reflects the fact that the actual work was to be carried out mainly by officers of the Russian army coming from the Caucasian Muslim nobility. They described the customary law of the Chechens and Kumyksthe Balkarians and Digoriansthe mountaineers of the Vladikavkaz district and of the Circassians of the Black Sea Line mainly Ossetians and Chechens, Sometimes a special feature or custom was explained by material from the Chechens or Ossetians, sometimes by cases from the Kabardinians or Kumyks.

What emerged is a very colourful general view on Caucasian morals, a kavkazr narrative about the character and mentality of the people. Inhabited by more than two dozens of people and ethnic groups with their own languages and cultures, the country had been split up into several feudal principalities and a great number of more or less independent village communities and confederacies, all of which had distinct legal practices.

It was Shamil who, at least for a certain time, had imposed a central government on parts of Daghestan and Chechnya. He had turned some confederacies into districts Ar. The former political entities — mainly the numerous small village confederations of various size and the Khanates, most of which had already suffered a great deal of transformation under Shamil — were gradually dissolved, and the individual regions were bound together in nine districts okrugs.

As for the jurisdiction, Russia introduced a dual system: on the one hand, colonial courts were established for the non-Daghestani population that is, primarily Russiansas well as for all suits involving Russians and non-Russians Daghestanis. These village courts were responsible for minor civil law suits kwvkaze not more than Roubles in dispute. Crimes were delegated to the District Court headed by the Chief of the district, where Daghestani deputies from the villages together with Russian administrators would be in charge.

Its members were appointed by the highest Russian militaries in Daghestan. Tornau and Kazembek also continued to try to convince the government of the necessity to publish more Islamic law books for use in the administration. This meant that if the Russians wanted to check what was going on in the village courts, they had to resume the study and collection of local customary law. This kackaze the officials acknowledged the enormous amount of contradicting local traditions.

Thus, paragraphs 1 to 5 deal with murder, bodily harm and other items in the villages of Koroda and Gonoda, paragraphs 6 to 10 with the same crimes in two other villages, and so forth. It is striking how divergent the rulings for these simple cases were. Remarkably, in a few instances the text also gives provisions on the kavkaze self-administration in this region, such as the rights and duties of village functionaries, the misuse ba communal property and the mechanisms of peace-keeping between the clans of a village.

Obviously, these cases constituted the most common and important violations. In comparison to the collection from the Gunib district, the cases are discussed in much more details. Much room was given to peculiarities of the cleansing oath tahlif in Arabic texts for each legal case. The text was highly standardized and based on a common questionnaire. It seems to constitute a fairly useful source if one wants to compare how certain violations were treated in different regions of Western Daghestan.

In pre-colonial Daghestan, formal courts played a minor role in Daghestani legal practice; rather, the victim or his kinship carried out retaliation without proceeding kavkaze. In cases of murder, for instance, the heirs of kvakaze victim were entitled to kill kavkase murderer kavkaze they got hold of him.

Secondly, Daghestani blood feuds produced lots of fugitives abreks in Russian usage who posed serious problems by indulging in highway robbery. Therefore the administration required that any cases of murder be put under the authority of an official court. In the provisions of most naibstvos sub-districtsthe payment of blood-money which is equivalent to renunciation of blood-revenge was described as the natural consequence of all murder cases, without mentioning the right to killing in retaliation.

Sex text of one naibstvo went even further and explicitly prohibited the killing of the blood-enemy. This concerns above all the custom of betrothal svatovstvo in Russian. If, however, the girl or her guardian did not keep their word and the marriage did not realize, they had to return the presents and pay a certain sum of money to the suitor.

If it was the bridegroom who abandoned the plan, the girl would be allowed to keep the presents. These presents could be very kavkaze and young men had to work hard kavkaze earn the money for them. For this reason times of betrothal could last many months and even years. We may call this an additive representation ; it was chosen for practical use at district courts, for it showed how important legal cases had to be treated in different naibstvos of the district.

However, this additive fashion sex representation was highly repetitive, for it reiterates the whole list of crimes for each sub-district, notwithstanding the fact that several individual rulings were valid not only in one, but in several naibstvos.

Consisting of seven confederacies, the Union of Dargo was sex by one of them, the confederacy of kavksze village of Akusha. Nevertheless, the member confederacies were not only independent in their internal affairs, but also in much of their relations to outside parties.

In addition to kavkaaze most common law cases, it also presents many details on social relations and economic regulations in the respective communities, provides information on the communal functionaries and explains the indigenous legal terminology.

Another merit of this text is its conscious separation of those matters that were regulated according to Islamic law. Kovalevskii Maine was convinced that the most primitive form of society was the patriarchal family. He argued that the most ancient form of law was the one set by a patriarch kavkaze a king; this form developed into customary law, and customary kavkaze gave rise to the great codifications of law in the classical antiquity.

As the Ossetians are counted among the Aryans, Kovalevskii was convinced that they had preserved an old state of law which had once been common to all Aryan people. He compared their contemporary legal institutions with an monuments of the German, Irish and other European and Oriental people of the Middle Ages. The outcome is a firework of cross-cultural references, achieved by an eclectic selection of examples, and based on the still limited historical evidence of his days.

This distinction is based on two arguments. Among the older regulations he counted features such as unrestricted blood-revenge, the system of co-jurors before court that is, the rule that a suspect had to produce a certain number of relatives who swore that the accused did not commit the deed in questionand the exclusion of women from heritage. According to Kovalevskii, when several clans joined to constitute a village, the kavkazee community kavkaze its administrative structure according to the model of kinship organisation, with elected elders and assemblies.

Furthermore, Islamic elements and notions had also penetrated and changed many legal institutions of customary origin.

In its provisions on murder, for instance, it claims that the heirs are entitled to perform blood-revenge only against the murderer himself, not against his relatives. Both qualifications can also be found in Javkaze law. However, he made no efforts to corroborate his argument by investigating into the historical background of these Daghestani regions. Similarly, Kovalevskii detected a huge swx of Islamic law in some village confederations as the aforementioned Dargin confederacy of Akusha, Central Daghestanbut not in others e.

In his opinion the government should not hesitate to do away with customary law wherever it blocks the way of cultural progress:. By leading an open fight against the relics of ancient wildness and kinship-based lynchlaw samosudby persecuting the killing of new-born girls in Svanetia and the unlimited kinship-based blood-revenge in Daghestan, the Russian government fulfils the cultural tasks which history has conferred upon its shoulders much better than by bowing to customs which insult our moral sentiments, and which base on nothing but their nw age.

A social renewal, he closed his argument, could only be effected by fighting obsolete and dangerous customs. In fact, Kovalevskii clearly bolstered the Russian notion of mission civilisatrice by providing it with a scientific explanation.

The overall project of codifying Daghestani or kavksze North Caucasian customary law for practical purposes must be regarded as a failure. This had serious consequences. This did not come as a surprise, for under Russian rule the communal autonomy was largely restricted, and political, economic and military affairs were decided not by the village community but by the Russian kavkae.

I Leidenrepr. Gewohnheitsrecht zwischen Staat und Gesellschaft Berlin, Materialy po obychnomu pravu severnago i vostochnago Kavkaza, vol. IV Tiflis, ; A. First attempts to introduce Russian laws in Akvkaze Kaitak and Tabasaran regions took place inbut had to be abandoned due to the sexx of the local population in Nikolai I.

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