Constructing Colonial Legality in Russian Central Asia: On Guardianship

Abstract

AbstractThe history of Islamic law in Russian Central Asia defies many of the categorizations offered by both global and Russian imperial history. Recent studies of law in the age of colonialism have concluded that the attainment of legal hegemony in the colonies was consequent upon the initiative of indigenes that strategically manipulated jurisdictions; as colonial subjects increasingly involved the state in their private conflicts, they effectively pushed their masters to consolidate the institutional arrangements through which the state dispensed justice. Historians of the Russian Empire have reached a diametrically different conclusion: under tsarist rule, they argue, Muslims continued to access the services of the “native courts,” which remained mostly untouched following Russia's southeastward expansion. As the empire promoted a policy of differentiated jurisprudence, Russians effectively safeguarded the integrity of Islamic law. I argue that both of the aforementioned approaches are confined to the level of institutional history, and thus fail to consider that the creation of colonial hegemony rested on ways in which colonial subjects understood law and viewed themselves as legal subjects. I show that Russians, from the outset of their rule in Central Asia, initiated Muslims into colonial forms of legality by overcoming the jurisdictional separation they had themselves put in place. In allowing the local population to file their grievances with the military bureaucracy, the Russians effectively pushed Central Asians to reify colonial notions of justice, and thereby distance themselves from the tradition of Islamic legal practices.