«Решения кадия и улемов Кибуди в сфере мусульманского права» – памятник права Дагестана начала XV века (по списку Рафи-Хаджи Шангодинского)

Abstract

This article for the first time examines the monument of law of Dagestan origin - "The decision of the Qadi and the ulama of Kibudi in the field of Muslim law", compiled at the beginning of the XV century by the Qadi and the ulama of the settlement of Kibudi, located on the Kumukh plateau of Dagestan. It is established that at the turn of the XIX-XX centuries. The original of his text, written in Arabic, was in the margins of the handwritten Koran, kept in the Cathedral Mosque of Kumukh. The Arabic text of the Decision I was founded and copied by Rafi-Haji Shang'odinsky. One of those who copied the text of the Kibudinsky Decision from him was the enlightened Kumukhets Ali Kayaev. The article publishes the text of the Decision translated into Russian for the first time. It is noted that the document expressed the will of the spiritual and secular authorities of the Kibudin community and, accordingly, acted as a source of law. Its content consists of normative prescriptions, which are characterized by grammatical and logical completeness. The solution provides interesting information about the consistently implemented receptions of Islamic law along with the existing traditional law, which makes it possible to visualize the process of establishing a two-level system of law in Dagestan adapted to the social relations of the period under consideration. The authors pay special attention to the analysis of specific norms, issues of dating and localization of the place of adoption of the monument of law. It is noted that criminal law norms affecting a particular person prevail in this source of law. It is assumed that this is due to the need to strengthen the existing mandatory sharia norms that strengthen sanctions for their violations. It is emphasized that the content in the document of the beginning XV century in the concepts of "bribe" and "perjury" indicates the level of development of law in the medieval Dagestan. The authors come to the conclusion that "The Decision of the Qadi and the Kibudi ulama in the field of Muslim law" is one of the earliest written sources of law, which is of great interest for the study of legal realities that have developed in homogeneous socio-political systems of medieval Dagestan. The decision contains norms regulating various aspects of public relations, which allows us to judge the way of life in self-organized communities, the spiritual, moral and socio-cultural values established here, as well as the development of political and legal thought in Dagestan 600 years ago. The analysis of this document shows the significance and influence of Sharia law, the norms of which were actively established in local societies at that time.