LEGAL VOCABULARY OF ARABIC-SPEAKING ‘ADAT MONUMENTS IN 14TH-20TH CENTURY DAGESTAN (SOME RESULTS OF THE STUDY OF ISLAMIC DISCOURSES)
DOI:
https://doi.org/10.32653/CH162291-315Keywords:
Arabic language, Dagestan, legal custom, cultural translation, discourse analysis.Abstract
The present article attempts at compiling a concise historical-legal dictionary of the legal custom or ‘adat practiced by Muslim highlanders in the North-East Caucasus from the 14th to the 20th centuries. It contains 108 terminological and phraseological items that the author gathered from documents as well as normative and narrative texts, including inscriptions. Characteristic for these terms and expressions is the inaccurate use of Arabic morphology and semantics. The author argues that these inaccuracies reflect the cultural translation of Dagestani historical realities into Arabic. The legal vocabulary of Dagestani ‘adat texts was created by Shari‘a judges as well as teachers and students of madrasas – that is, by persons with a rather good knowledge of classical Islamic legal literature – for members of their own rural communities and confederacies. ‘Adat agreements that had been concluded at meetings of the confederations were thereby translated into Arabic and written down in the margins of mosque Qur’ans and legal manuals; this process of translation and fixation in manuscript gave legitimacy to the agreements. The glossary offered here is meant to help readers of Arabophone sources from the North-East Caucasus. At the same time, the present publication points out controversies in the Islamic discourse that centered on issues of Dagestani ‘adat. The latter is understood here as a changing legal custom operating in the frameworks of Islamic law and then of the Russian imperial and early Soviet legal systems. Over the past twenty years, historians have analyzed the discourse of Dagestani scholars such as Muhammad of Kudutl, Dawud of Usisha and Murtada-‘Ali of Urada who in the seventeenth to nineteenth centuries took part in the Shari‘a movement against non-Islamic local customs. The present article draws attention to the circumstance that in judicial practice, these Shari‘a-minded scholars had to refer to various ‘adat norms and procedures reflecting the early modern society they lived in. At the same time, they contributed to gradual Islamization of legal custom. This process is reflected in the changing meanings of the terms as presented in this paper.
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10.2. Where the Publisher becomes subject to any claims related to non-compliance with an exclusive copyright or other intellectual property right of any third party during the writing of the Article or in connection with conclusion of this Agreement by the Author, the Author undertakes to:
- immediately upon receipt of a Publisher's notification, take measures to settle disputes with such third party, and, where necessary, join the litigation in favor of the Publisher and use its best endeavors to exclude the Publisher from the defendants;
- reimburse the legal cost, expenses and loss incurred by the Publisher as a result of application of a pre-award relief and measures for execution of a judgment, and damages paid by the Publisher to any third party for the infringement of exclusive copyright and/or other intellectual property rights, as well as other expenditures incurred by the Publisher as a result of infringement by the Author of any warranties provided hereunder.
10.3. Subject to Article 6 of the Federal Law On Personal Data No. 152-FZ dated July 27, 2006, for the period from the conclusion of this Agreement and until the discharge of Parties obligations hereunder, the Author expresses his/her consent to processing of the following personal data by the Publisher: last name, first name, patronymic; taxpayers identification number (TIN); place and date of birth; citizenship details; ID document details; registration and actual location address; e-mail address; mailing address with postal code; contact phone numbers; fax numbers; and details of the employers.
10.4. The Publisher is entitled to process the above personal data for the purpose of this Agreement performance, including for provision of information and reference services to the Author. The processing of personal data shall be understood to mean any handing (operations) with personal data, including collection, systematization, accumulation, storage, refinement (update, alteration), use, distribution (including transfer to third parties), depersonalization, blocking and deletion of personal data in accordance with the effective Russian Federation legislation.
10.5. Where permitted by the Russian Federation legislation, the Author is entitled to withdraw his/her consent to processing of personal data as listed in Clause 10.3 by forwarding a respective notice to the Publisher. Upon receipt of such notice, the Publisher has a right to suspend services.
10.6. The Author will, on a goodwill basis, submit his/her details (and details of each Co-Author subject to their prior consent) to the Journal's Editorial Office consisting of his/her: last name, first name, patronymic, academic rank, academic degree, job title, employer details (name and mailing address), work phone number and e-mail address for the purpose of its general publication in the Journal along with the Article.
- Registered Address and Particulars of the Publisher
The Institute of History, Archeology and Ethnography of the Dagestan Scientific Centre of Russian Academy of Sciences.
Address: M. Yaragskogo st. 75, Makhachkala, Republic of Daghestan, 367030, Russian Federation.
Tel./fax: +7 (872) 262-4571, +7 (872) 262-9097
E-mail: caucasushistory@yandex.ru
