THE DISPUTE OF DAGESTAN THEOLOGIANS OVER THE RULES OF PERFORMING THE TARAWIH PRAYER IN THE LATE 19 – EARLY 20TH CENTURIES
DOI:
https://doi.org/10.32653/CH173568-580Keywords:
Dagestan, Islam, polemics, ijtihad, taqlid, tarawih prayer, Shafi’i madhhab, Muslim al-Uradi, Usman al-Tsakhuri, Kebedmuhammad al-Bezhti, Iman-Ali al-BezhtiAbstract
The paper studies the theological discussion around the performing of the prayer tarawih in Dagestan at the turn of the 19-20th centuries. The background of the issue in question is given in the introduction, revealing the origins of this controversy. The study focuses on several original Arabic-language works written by Dagestani theologians. Two parties participated in the discussion: Muslim al-Uradi and Kebedmuhammad al-Bezhti on the one side, and Usman al-Tsakhuri and Iman-Ali al-Bezhti – on the other. The paper reveals in detail the key arguments given by the opponents who participated in the polemic. It is worth noting that the authors of the works show a high level of proficiency in Arabic and theological knowledge. The Arabographic polemical works of Dagestani theologians allow us to outline the range of controversial issues that at various times troubled the minds of the Muslims of Dagestan. The article provides a chronological development of the discussion of the theologians, as well as a general analysis of the content of each of the works. The works under study were written within the framework of the Arab-Muslim manuscript tradition, some of them being autographs.
It was found that Dagestani theologians, who mainly positioned themselves as strict adherents of the Shafi’i legal school, in some cases allowed themselves quite free views and disputed the opinions of leading Shafi’i legal scholars, including Imam al-Shafi’i himself. Such a «liberalization» of views, in our opinion, is a consequence of the influence of the authoritative Dagestani legal scholar Muhammad al-Kuduki. The present study criticizes the «jadidocentric» approach in understanding the processes of the «Islamic reformation» that took place in Dagestan at the beginning of the 20th century.
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References
Ibragimova Z. The continuation of the islamic discourse of the early xx century in Daghestan arabic script works of the soviet period [Prodoljenie bogoslovskoi polemiki nachala 20 veka v dagestanskikh arabograficheskikh sochineniyakh sovetskogo perioda]. Makhachkala: History Archeology and Ethnography of the Caucasus. 2018. 14 (3): 34-39.
Ibragimova Z. Discourse of Dagestan theologians regarding “false sheikhdom” (brief view on the history of the issue). [Diskurs dagestanskikh bogoslovov po probleme “ljescheikhstva” (kratkiy eskurs v istoriyu voprosa)]. Journal Volgograd State Pedagogical University. 2017. № 1 (114): 173-179.
Musaev M. A look at the «Lekianoba» in the context of a study of the legal conclusions of the dagestani ‘ulama’ of the XVIII century. [Vzglyd na “Lekianjbu” v kontekste izucheniya pravovikh zaklucheniy dagestanskikh uchenikh-bogoslovov XVIII veka]. Moscow: Fundamental Research. 2013. № 10-14: 3223-3228.
Abdulmazhidov R. The polemic about the alienation of property according to ‘nazr’ in Dagestan in the XIX century. [Polemika ob otchujdenii sobstvennosti po “nazru” v Dagestane v XIX veke]. Islam in the modern world. 2018;14(4):183-200.
Bobrovnikov V., Shehmagomedov M., Shikhaliev Sh. Muslim law and custom in Russian Dagestan: sources and research: a reader. St. Petersburg: Presidential Library, 2017.
Vislaviy Z. Eurasian wisdom from A to Z: explanatory dictionary [Evraziiskay mudrost ot A do I: tolkoviy slovar]. Almaty: Suzdik-Dictionary, 2002.
Muḥammad ibn Ismā‘īl al-Bukhārī. The Authentic, Abridged, Chain-Supported Collection Regarding Matters Pertaining to the Messenger of Allah, His Traditions, and His Times. Beirut: Dar Tavk an-Najat, 2001. (In Arabic).
Islam: an encyclopedic dictionary [Islam: enziklopedicheskii slovar]. Prozorov S.M., editor; Moscow: Nauka, 2004: 91-92.
Khapizov ShM. Galbatsev SM. Avar Tsor (Zakatala District) in the 18th - first half of the 20th century. (Essay on socio-political history) [Avarskii Tsor (Zakatalskii raion) v 18 – pervoi polovine 20 vekov]. Makhachkala: ALEF, 2016.
Ali-Zade A. Islamic encyclopedic dictionary [Islamskii enziklopedicheskii slovar]. Moscow: Ansar, 2007.
Abu Al-Hussein Yahya bin Abi Al-Khair bin Salem Al-Amrani, Al-Yamani Al-Shafei. Al-Bayan fi al-mazhab Imam Shafi’i. Jeddah: Dar Al-Minhaj, 2000. (In Arabic).
Muhammad Amin bin Omar bin Abdul Aziz Abdin al-Dimashqi al-Hanafi. Radd al-muhtar ala ad-Durr Mukhtar. Beirut: Dar Al-Fikr, 1992. (In Arabic).
Abdul Rahman bin Askar Al-Baghdadi Al-Maliki. Irshad as-salik ila ashraf al-masalik fi fikh al-Imam Malik. Cairo: Mustafa Al-Babi Al-Halabi Library, 2003. (In Arabic).
Abu al-Faraj Abd al-Rahman bin Qudamah al-Maqdisi al-Hanbali. Ash-Sharh al-kabir ala matn al-mukni. Cairo: Arab Book House for Publishing and Distribution, 1928. (In Arabic).
Smirnov AV. History of Arab-Muslim Philosophy: Textbook and Anthology [Istoriy arabo-musulmanskoj filosofii: Uchebnik i Antilogiy]. Edited by A.V. Smirnov. Moscow: Sadra, 2020.
Islam in the territories of the Former Russian Empire: Encyclopaedic Lexicon. Vol. I [Islam na territorii bivshei Rossiiskoi Imperii]/ ed. by Stanislav M. Prozorov. Moscow: Nauka, 2006.
Abdulmazhidov R.S. Kebedmukhammad al-Bezhti - “the ruler of the affairs of Nazhmuddin”. [Kebedmukhammad al-Bezhti – “pravitel del Najmuddima”]. XVI Dzagurov Readings. Materials of the All-Russian Scientific and Practical Conference (with international participation), 2018.
Luguev S. Magomedov D. Bezhtintsy in the XIX - early XX centuries. [Bezhtintsy v XIX – nachale XX vekov]. Makhachkala, 1994.
Gould R., Shikhaliev S. Beyond the Taqlīd/Ijtihād Dichotomy: Daghestani Legal Thought under Russian Rule. Brill Academic Publishers: Islamic Law and Society, 2017.
Kemper M., Shikhaliev S. Qadimism and Jadidism in Twentieth-Century Daghestan. Asiatische Studien - Études Asiatiques, 2015.
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