Murder in Manghishlaq: Notes on an Instance of Application of Qazaq Customary Law in Khiva (1895)

Paolo Sartori,

doi:10.1515/islam-2011-0012

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Murder in Manghishlaq: Notes on an Instance of Application of Qazaq Customary Law in Khiva (1895)

Paolo Sartori,

Published/Copyright: October 26, 2012

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From the journal Der Islam Volume 88 Issue 2

Abstract

The Russian conquest of Central Asia marked the beginning of record-keeping for Qazaq arbitrators (bīs) and customary law (’ādat). It remains obscure how bīs complied with the colonial regulations obliging them to record their court proceedings. I approach this issue first by questioning the utility of extra-judicial sources crafted in Russian at the instigation of colonial bureaucrats; hence, I argue that the comparison alone of ’ādat-related judicial records written in Turki (Chaghatay) with šarī’a court certificates allows situating the legal terminology applied by Qazaq arbitrators within the discursive tradition of Islamic law. By way of illustrating my approach, I offer a close reading of a report of a murder case adjudicated according to Qazaq customary law in the vicinity of Khiva in 1895. My commentary on the summary of the trial sheds light on the interplay of customary and Islamic law in the region. In addition, it challenges earlier interpretations of the use of the exculpatory oath among the Qazaqs.

Published Online: 2012-10-26

Published in Print: 2012-10

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https://doi.org/10.1515/islam-2011-0012