UDC 391

G. T. Bakieva

Institute of Problems of Development of the North SB RAS

86 Malygina St., Tyumen, 625003, Russia

E-mail: ipos@ tmn.ru; ipos@ipdn.ru

The article examines the regulatory framework used to regulate family and marriage relations among the Tobolsk-Irtysh Tatars. In their regulation, along with general civil legislation, the authorities allowed the use of traditional legal norms. Siberian Tatars - Sunni Muslims by religion-relied on Sharia law when regulating family and marriage relations. Women's empowerment was an important trend. This was manifested in the ability to enter into marriage at their own discretion and initiate divorce proceedings while maintaining property protection. The property rights of the spouses were regulated by regulating the payment of kalym (mahr) and registration of the marriage contract.

Keywords: Siberian Tatars, Orenburg Mohammedan spiritual assembly, Sharia, adat, legislation, marriage, marriage contract, kalym, dowry, divorce.

Russian ethnography has accumulated considerable experience in studying the traditional family rituals of the Siberian Tatars. However, when studying the history of the Siberian-Tatar family, the authors practically did not consider the regulatory framework on the basis of which family and marriage relations were regulated.

In the pre-revolutionary period, in regulating certain aspects of the life of Siberian Tatars, along with general civil legislation, the authorities allowed the use of traditional legal norms. Siberian Tatars-Sunni Muslims by religion-relied on Sharia law, which is a set of religious, moral, domestic, and legal norms of behavior and customs, when regulating family and marriage relations [Manukyan, 2003, pp. 7-8]. According to the well-known Islamic scholar L. R. Syukiyainen, Sharia law includes three main parts-religious dogma, Islamic ethics, and so-called practical norms [1997, p. 6]. The sources of Sharia and Muslim law are the Qur'an, the sayings and deeds of Muhammad (PBUH). sunnah), analogies (Arabic. qiyas), a consensus opinion of major legal scholars and theologians (Arabic. ijma), legal opinions of high clerics (Arabic. fetishes), traditions and customs of peoples professing Islam (Arabic. adat) [Kerimov, 1999, p. 3]. It should be noted that adat played a significant role in regulating various issues of the life of the Siberian Tatars, including:part of family and marital relations. Customs existed before the adoption of Islam, and Islam, as K. D. Davletshin rightly noted, gave them its own interpretation and had a significant impact on their content. Adat, originating in a certain environment, was supplemented by the rules and regulations of Sharia, which, in turn, also relied on folk customs (Davletshin, 2002, p. 268).

Marriage in the Russian Empire was considered a religious act, so the decision of the most important family and marriage issues was left to the authorities in the hands of representatives of the main faiths. The Tatars who lived in Siberia were under the jurisdiction of the Orenburg Mohammedan army.-

The work was carried out with the financial support of RGNF, project N07-01-00061a.

page 83
The first Spiritual Assembly (OMDS), formed in 1788 by decree of Catherine the Great. It considered cases related to the conclusion and dissolution of marriage, disobedience of children to their parents, violations of marital fidelity, disputes over wills and inheritance division. During the 19th and early 20th centuries, these cases were directly handled by the Muslim parish clergy. The right to decide marriage issues in parishes was confirmed by the Regulation of May 5, 1811, and on the disobedience of children to their parents - by the Regulation of 1830. With an appeal in such cases, you could apply to the OMDS [In memory of..., 1891, p. 24, 28]. On March 14, 1900, the Department of Spiritual Affairs of Foreign Confessions once again confirmed the right of Muslim clergy to resolve family issues "according to the rules of their faith" (Klimovich, 1936, p. 59).

Despite the significant role of sharia law, the state still did not exclude itself from regulating family and marriage relations. The laws of the Russian Empire regulated marriages between Orthodox and non-Christians (including Muslims). According to the law, if the wife or one of the wives of a Muslim converted to the Christian religion, the marriage could remain in force, but with the condition that the husband would give an obligation "those who have been born from them since that time do not bring any seductions or threats into his law and do not reproach or reproach his wife. To be married to a person who has been baptized for the entire duration of her life or as long as the marriage continues in monogamous cohabitation, having rejected other wives, if he has." In the case of baptism by a man who had several wives, he had to choose one of them, mainly converted to the Christian religion. If none of the wives wished to be baptized, and the husband did not express his consent to live with the unbaptized one, then he was allowed to remarry with the Orthodox one [Sbornikmaterialov..., 1906, pp. 4-6].

According to the Charter of ecclesiastical consistories, the marriage of an Orthodox person with a non-Orthodox person was not recognized as valid "until it is performed in the Orthodox Church by an Orthodox priest." Before performing the sacrament, the priest had to receive a statement from a non-orthodox person in the following form: "The Undersigned(ayasya) (title, first name, surname, religion) I hereby certify that when I enter into a marriage with (title, name, surname) an Orthodox confession, I will act in accordance with the laws of the Russian state in raising both sexes of children from this marriage, that is, I will baptize and bring them up in the Orthodox faith" [Ibid., p. 13]. At the conclusion of marriages between Muslims and Protestants, the marriage was performed only by an Evangelical Lutheran preacher and according to the rite of "this church"; the Muslim (ka) was obliged to "subscribe to the Consistory to baptize and raise children in the Evangelical Lutheran faith; neither by threats nor seduction will he try to seduce his spouse or children into his own faith." It will not prevent them from freely professing Christianity. And in addition, the Muslim spouse must undertake to renounce polygamy" [Ibid., p. 7 - 8]. Thus, the official authorities, the Orthodox and Protestant Churches did not prevent Christians from marrying non-Believers (Muslims in this case), provided that these conditions were met. However, as can be seen from the documents, these conditions applied only to Muslims. Thus, the authorities confirmed the priority position of the Christian religion in the state, primarily Orthodoxy.

The Muslim Spiritual Assembly also regulated interfaith marriages. However, the position of Islam was more rigid. According to sharia law, men had the right to marry Christians and Jews, while women were prohibited from such marriages [Kerimov, 1999, p. 134; Barkovskaya, 2001, p. 31]. Marriages between Muslims and pagans were absolutely unacceptable. The OMDS confirmed this by a special circular dated January 14, 1889 [Sbornik circularov..., 1905, pp. 33-34].

The Muslim clergy in rural parishes were not homogeneous. At the cathedral mosques usually consisted of: khatib (Arabic. khatib-preacher), imam (from Arabic. amma - to lead, to lead, i.e. to lead the common prayer) and the muezzin / Mayazin (Arabic. mu'azzin-calling to prayer) or azanchey (Turk. azanchi-proclaiming, azan-calling to prayer); with simple mosques-imam and muezzin. In everyday life, the Siberian Tatars, like other peoples who profess Islam, called any mosque attendant "mullah" (Arabic: maula - lord). In the Begishevsky and Vtorovagaysky yurts of the Vagaysky district of the Tyumen region. there was a name called mullaka. Among the rural clergy, the descendants of sheikhs - shih-mulla-were distinguished. They also looked after the holy places (pers. astana-the prophet's grave; prel. threshold) (PMA*, Vtorovagaysky yurts, 2001, informant-M. Salikova, born in 1912).

The imam acted as a spiritual leader, the head of the Muslim community. Imams kept metric books, where they recorded the birth and death of parishioners, as well as the names of spouses, parents and witnesses, the time and main conditions of marriage, recorded the dissolution of marriages, the reasons and grounds for divorce. One copy of the metric books was sent to the OMDS, and the other was kept in the mosque [Collection of Laws..., 1899, p. 3]. At the same time, the authorities ensured that the mullah performed religious duties and made records on them only in relation to his parishioners, without interfering in the affairs of other parishes. As seen from

* Author's field materials.

page 84
del OMDS, it happened sometimes. Mullah D. Sebelyakova Isak Mukhametdinov was removed from office "with the selection of metric books from him" precisely for the fact that he married people not from his parish (TsGIA RB. F. I-295. Op. 3. D. 1085.L. 94, 102 vol.).

When performing marriages and divorces, the parish clergy used the instructions drawn up on January 29, 1841 by Mufti Abdulvahid Suleymanov, which remained valid until October 1917 [Collection of Laws..., 1899, p. 5]. Although the legislation recognized marriage as a religious institution, however, some general rules were adopted that are mandatory for all confessions: age, free consent of medical practitioners and parents [Shimanovsky, 1910, p. 52]. According to the laws of the Russian Empire and the norms of Sharia, the marriage age for young men was determined from 18 years, for girls - from 16 years [Collection of circulars..., 1905, p. 5]. Although its upper limit was not specified, marriage with a woman who could not have children due to old age was not allowed [Tornau, 1866, p. 8].

Marriage, from the point of view of Muslims, is an obligation between persons of different sexes, drawn up according to the rules of Sharia and aimed at marital cohabitation [Ibid., p. 131]. Obstacles to its conclusion were considered to be consanguinity, kinship by wet nurse, property. It was forbidden to marry two sisters at the same time. If this happened, it was terminated with the imposition of criminal and material liability on the guilty persons. In particular, the woman returned to the man the property allocated to her at the time of marriage (Arab. mahr; mehr tour) [Ibid., pp. 150-151].

According to the canons of Islam, marriage could be concluded only by matchmaking. This form was the most common among the Siberian Tatars in the 19th and early 20th centuries. The marriage took place in several stages. The first is matchmaking (sib. tag. telyau), when the matchmaker (sib. tag. sautsi) made an offer on behalf of the groom. The role of matchmaker among the Tobolsk-Irtysh Tatars was played by the groom's father, relative or fellow villager, but always an eloquent and glib-tongued person. Accompanied by other relatives, he went to the bride's house. Usually, the matchmaker let out one leg over the boots, thereby showing the purpose of his arrival. Starting a conversation on abstract topics, he soon moved on to the purpose of the visit, which was expressed in an allegorical form: "We have a head, you have a crate" (Sib. tag. Bash pasnen, calat sasnen) or "From me the head, from you the saber" (Sib. tag. Баш миннэн, кылыч сестэн). The matchmaker in every possible way praised the groom, his parents, and their financial condition. It was indecent to give your consent right away. Usually, the matchmaker came up to three times (PMA, D. Begitino, Vagaysky district, 1990, informant-Z. Kh. Aleeva, born in 1929; D. Achira, Tobolsk district, 2001, informant-G. V. Bakhteeva, born in 1927). After reaching an agreement, a day of collusion was appointed (sib. tat. yarashu), when the terms of marriage were discussed, including the amount of kalym (Turk. "remainder" is a form of prenuptial payment). The treaty of Kalym itself was called "gakyd" (from Arabic. akd - a bilateral agreement on mutual obligations), its conclusion was the main action when making a marriage. It was from this point on that the bride and groom became legal husband and wife. At the conclusion of the kalym agreement, the presence of at least two legally capable witnesses (men or one man and two women) of the Muslim faith was required. Only then did the religious ceremony of marriage take place (Arab. nikyakh; sib. tat. hotba). The mullah, while reciting the prayer, had to make sure that the bride and groom were married by mutual consent. Among the Siberian Tatars, parents and witnesses traditionally answered on behalf of the young (Arab. wakil is a witness). This was also confirmed by the rules adopted by the OMDS on January 29, 1841: "Imams... about the bride's consent to the marriage... we must find out... indirectly, through witnesses, and only after that should they start committing marriage" (Azamatov, 1999, p. 129). The fact that among the Siberian Tatars, young people entered into marriage without coercion is evidenced by the records of researchers. For example, G. I. Gromov noted: "... they do not have the slightest compulsion to marry, but especially the female sex. Why does the bride's father, when the matchmaking is about to take place, ask her at a meeting of relatives and strangers if the bridegroom loves her and if she is willing to marry him? Her consenting answer will solve the whole matter... " [1797, p. 179-180].

In addition to matchmaking, the Tobolo-Irtysh Tatars also had other forms: by forcible abduction of the bride (Sib. tat. кыс урлау); "run away "(Sib. tat. katsyp tsegu); "lullaby conspiracy "(Sib. tat. balalap alu) - matchmaking of young children; according to the customs of levirate (Sib. tat. baldyz alu) and sororata (sib. tat. esnalyap baru). Forced abduction (kys urlau) was much less common than with the girl's voluntary consent (katsyp tsegu). One of the descriptions of the" abduction " of the bride from the Siberian Tatars, dating back to the beginning of the XX century, says the following:: "After the parents of the bride and groom talk and decide on the wedding, the groom and his companions come to the bride's house. They ask to let them spend the night, because they got lost on the road. While staying in the bride's house, young people choose a convenient moment, grab the girl and rush to the groom's village. The bride's parents, although they know perfectly well why the groom came, however, pretend to be angry and send a chase. The groom is detained by the villagers, demanding payment for the pass. To do this, the groom stocks up on handkerchiefs, ribbons and various small things that he throws into the crowd. The young couple barely have time to hide in the groom's house, as the chase appears, and the bride's father demands a daughter. Then the young woman comes out and says that she wants to stay with her husband.

page 85
After that, the father demands a ransom. All this ends with a feast" [Sno, 1904, p. 27]. Matchmaking of young children was performed in order to bring kalym gradually, in parts. The custom of levirate (marriage to the widow of the deceased brother) and sororat (marriage to the sister of the deceased wife) was mainly due to economic reasons. In case of departure, the widow took her dowry with her. To prevent this from happening, one of the deceased's brothers married her. In addition, in this case, the widow had the opportunity to fully raise her young children [Tsmay, Boer, Gints, 1998, p. 55]. According to F. T. Valeev, levirate was found only among rich Tatars. Sororat was more common [1993, p. 143]. This custom was approved by public opinion: it was considered that the sibling "would not offend" children (PMA, Vershina village, Vagaysky district, 1991, informant - L. Kh. Pikeeva, born in 1925).

In the late 19th and early 20th centuries. among the Tobol-Irtysh Tatars, girls did not lead a reclusive lifestyle. Among young people who have reached the marriageable age, acquaintance was formed during joint work, at parties, gatherings, and holidays. The Siberian Tatars used to have special types of assistance (Sib. tat. ome) for washing ceilings, spinning yarn, knitting nets, making burlap. These works were carried out in turn at all the girls of the village, and there were also young guys who entertained the girls with funny jokes and playing musical instruments. A variety of gatherings were joint meals in the house of one of the girls of the village. For a treat (Sib. tat. urtak ash-lit. food in skladchinu) and invited the young men of the village. The joint meal ended with songs, dances, and games. Sometimes young boys from other Tatar villages also took part in youth entertainment (PMA, Nizhniye Aremzyany village, Tobolsk district, 1992, informant-Kh. Kh. Timkanova, born in 1918).

There are materials that indicate that the opinion of the parents of the bride and groom was the decisive condition for the entry of young people into marriage among the Siberian Tatars. For example, in the notes for 1888, we read: "The Tatars-Muslims... girls are often married off to men whom they do not know and have never seen, so long as, according to the practical calculations of their parents, such suitors represent a profitable match for their daughters. Under this condition, it is not uncommon for the bride to look at the groom with hatred, but the parents... they do not pay any attention to this and thus often create unhappy marriages" [Grazhdanskoe pravo..., 1888, p.24]. Probably, such marriages were common among the wealthy Tatars.

In some groups of Siberian Tatars, when choosing a marriage partner, Tugum affiliation was taken into account. Tugum are relatives descended from the same ancestor (Eremin, 1972, p. 409). Thus, the zabolotny Tatars were forbidden to marry members of their tugum up to the seventh generation [Bakieva and Kvashnin, 2002, p. 129].

According to the rules adopted by the OMDS on May 22, 1893, parish mullahs were required to indicate in the metric books the names of medical practitioners, parents and grandfathers of each party; the class to which they belong, age; names and domicile of witnesses; and who contributed the marriage money, i.e. kalym. The amount was written in words. The imam also had to write down the part of the kalym that remained unpaid [Collection of circulars..., 1905, pp. 97, 98].

Sharia law allows each Muslim to have up to four wives. However, the Siberian Tatars rarely took more than two. First, the material condition of not every Orthodox person allowed them to pay kalys for several wives and support them. Secondly, as the saying goes, " it is better to have two dogs in the yard than two wives in the hut." Polygamy was necessary mainly for the wealthy strata of Muslim society (clergy, merchants, etc.). According to the First All-Russian Census of 1897, Aptrakhman Usmanov Rasiev and Multasip Niyasov, the Tyumen and Tobolsk district akhuns (Persian: akhun - mentor, the highest rank of parish clergy), had two wives each. Tobolsk. f. 417. Op. 3. D. 1815. L. 492), decree mullah of the Vagaysky yurts of the Tobolsk uyezd Mavlyut Niyasov (Ibid. Op. 2. d. 484. L. 64). At the end of the 19th century, many Bukharians, mostly engaged in trade, had two wives in the yurt houses of the Embaevsky district of Tyumen. Among them are the owners of leather and manufactory shops Kabir Murtazin, brothers Mirkhasim and Mirkhaishar Mirshanov, as well as the owners of small shops Akhmetsharip Kutchakov, Abdul Minaf Kutchakov and others. (Ibid., d. 1813. l. 1, 5, 6, 27, 49). In the Mathiyar yurts, leather merchants Rahim Kirei Mathiyarov, Khairitdin Abaytullin, Karmyshak Abaydulin and the horse trader Muhamet Imam Mukhametaminov (Ibid., d. 1814, l. 1, 2, 45, 56) had two wives each; in the Novo-Shababinsky yurts, leather merchants Muhamet Yakubov, Ashmen Ainullin and the owner of a raw meat shop leather and fur goods Valik Ilchigulov (Ibid., d. 1815, l. 22, 43, 72). But a resident of the Irtyshatsky yurts of the Tobolsk ROC. Musa Yultashev (40 years old), who was mainly engaged in agriculture, had three wives (Ibid. d. 490. l. 12).

What was experienced by those women who had to be near other (other) wives of their spouse, we can only guess. Obviously, they did not always put up with this situation, which is confirmed by the notes of eyewitnesses at the end of the XIX century: "Wives are always jealous of their husband for other wives, and because of this there are eternal quarrels, and sometimes fights" [Civil Law..., 1888, p.25].

page 86
Sometimes it ended even more dramatically, as is shown, for example, in the following case, which occurred in 1816 in the village of Ashevanskaya, Tarsky district. A resident of the village, Asiba Murzaleyeva, brought an "announcement" to the Sargat guardian, in which she complained about her husband, Aitbagu Aliberdiyev. The woman reported that after living with her husband for 10 years, "she gave birth to children in good behavior with him and in a decent life," and then he took a second wife. After that, "he began to give me great oppression and almost beat me every day... for no reason, " Asiba complained about her situation. Such a dramatic change in attitude did not occur without the participation of relatives of the second wife: her mother spread false information that Asiba "allegedly gave birth to a child in the girls and strangled". This case was considered first by the volost guardian, and then by the Tarsky Zemsky Court. The guardian, by virtue of the powers given to him, took a subscription from Allaberdiev that "he will not fix any tortures to his wife Asiba." However, as it turns out from the case file, Aitbaga continued to treat his first wife badly. Therefore, Asiba was handed over to her father "on guarantee until the investigation" of the case. Later, she married another Tatar of the same parish (TsGIA RB. f. I-295. Op. 3. D. 36. L. 34-34 ob., 60 - 61).

A similar situation developed in the Singulsky yurts of the Yalutorovsky ROC. Yasachny Tatar yurt More-Akiyarovsky Tyumen ROC. On December 23, 1828, Murat Atynbetev asked the Mufti to settle the relationship between his daughter Yumabiga and her husband Abtulla Safarov. In his petition, he reported that after six years of marriage, Safarov, having taken a second wife, began to " hate, inflict severe beatings... to cause various tyrannies" to Yumabige. Before the trial, the woman was returned to her father. In contrast to the previous case, the couple "amicably reconciled" (Ibid. d. 461. l. 1-1 vol., 8).

Siberian Tatars had various stories about how difficult it is to cope with several wives in the house. Here is one of them: "Once upon a time there was a Tatar. He was no longer a young man, he faithfully obeyed the commands of the Koran and was famous for his pious life. He had three wives. Despite the fact that his house was rich in goods and large, these three women constantly quarreled and even fought. One frosty winter day, a storm broke out. Just then the pious Tatar's wives started such a quarrel that he couldn't stay in the hut and ran out into the street. A poor man is standing there, freezing; a whirlwind ruffles his clothes, and from the hut you can still hear the shouts and curses of evil women. The neighbor saw the old man, was surprised and asked:

"What are you doing here in this storm?"

- Eh, - the old man answered, - if you knew what kind of storm I have in my hut, you wouldn't be surprised" [Sno, 1904, p.25-26].

Every Muslim who married was required to pay mahr to the bride. Historical literature distinguishes between mahr and kalym. Among the Siberian Tatars, these concepts were identical and were considered as a bride price (Valeev, 1993, p. 160). According to informants, among the Tobolsk-Irtysh Tatars, it was called kalym, mayor, salym, saum, pirya (depending on the area) and included a certain amount of money, clothes, shoes, hats for the bride; a horse for the father (Sib. tat. bash), cow, calf, sheep for slaughter (sib. tat. aus eltysh); a piece of cloth for the mother (sib. tat. ina tun) of the bride; products (meat, flour, oil) for the wedding (PMA, Begishevsky yurts of the Vagaysky district; 2001, informant-Z. M. Mavlyutova born in 1918). Relatives, sometimes not only close, but also distant, participated in the collection of kalym. Kalym among the Siberian Tatars went to the girl's father, who, however, did not dispose of it, but passed it all on to his daughter [Ozhitelstvuyushchikh..., 1821, p.9].

The size of the kalym depended on the social status and wealth of the persons who entered into marital relations. According to G. I. Gromov, "among them (the Siberian Tatars - G. B.), the poor must pay at least 30 rubles, and the rich must pay 100 rubles, 200 rubles, and more" [1797, p. 179]. In the Statistical Review of Siberia for 1810. we find such information about the Siberian Tatars: "For their wives, they give kalym, i.e. a payment consisting of cattle, money and clothing from 20 rubles to 500 rubles" [Bakkarevich, 1810, p. 116]. In the 60s of the XIX century, I. N. Yushkov wrote that among the Tobolsk Tatars, kalym was established "depending on the merits of the bride and the condition of her father, it can cost from 30 to 500 rubles in silver or more and is paid in money, cattle or goods" [1861]. This is also confirmed by archival data. For example, a resident of the village of Tuskazanskaya, Tarsky district. Kurman Bakin, marrying his daughter to Niyas Angirov, received a kalym in the amount of 38 rubles (TsGIA RB. F. I-295. Op. 3. D. 1082. L. 4). In 1827, the Tatar of Sloboda-Beshkil volost of Yalutorovsky district E. Iskanderov, marrying Gulzabika Tashbulatova, paid "goods and money" 450 rubles. (Ibid. d. 1292. l. 1). In 1834, a resident of the Verkh-Tarmansky yurts of Kashegal parish, Tyumen region. Kasmali Aitov for the" girl " Kanibu gave a ransom of money and things in the amount of 70 rubles (Ibid. d. 1162. l. 1). Tatar yurt Kyshtymlinsky Abdrakhimov paid kalym in the amount of 60 rubles (Ibid. D. 1087. L. 24 vol.). Imadutdin Abdunazyrov, a resident of the Uplift yurts in the village of Levy-paying Chuvalshchikov, claimed in 1906 that he gave 100 rubles in cash for his wife and "about 100 rubles were used for wedding expenses" (GUTO GA in Tobolsk, F. 346. Op. 1. D. 29. L. 5 vol.).

As long as the groom did not fully deliver all the components of the kalym to the bride's house, the wedding was not arranged. Often from the moment of matchmaking to nea-

page 87
the wedding ceremony lasted from a few months to a year, and sometimes even more. During this period, the groom could secretly visit his bride. This custom was called "walking in the bosom of the bride" among the Siberian Tatars, "because at that time the groom's freedom extends only to the bride's bosom, and not further." "Walking in the bosom has the advantage that the bridegroom, under this pretext, can sometimes come to the bride by surprise; and thus make sure of her direct qualities in the home. For if he sees something reprehensible behind it, and it will be witnessed by others, in this case, without any noise, he can refuse it in advance, and will receive back the part of the ransom already given before " [Gromov, 1797, p. 180, 182]. Among the Tyumen Tatars, such a" walk " of the groom to the bride was called kiyauliau (from Sib. tag. kiyau - son-in-law). However, it became possible only after the religious ceremony of marriage nikah (PMA, D. Embaeva, Tyumen region; 2008, informant-N. Ashmanova, born in 1927).

Sometimes, by agreement of the parties, a certain part of the kalym was paid after the wedding. However, in this case, the mullah could forbid the young people to live together. So, in 1835, a marriage was concluded between the yasach Tatar of the Yurt More-Kaskarinsky Sulbukhar Abdukasimov and Kalimchana Aptulina. Due to the fact that the groom paid only part of the kalym specified in the marriage contract, the akhun of the Tyumen district Mavlyutov made a decision: until the entire kalym is paid, the young people "must spend their lives separately" (TsGIA RB. F. I-295. Op. 3. D. 1290. L. 8). The wife could also refuse to cohabit with her husband, who did not pay in full [About residents..., 1821, p.9].

Among the swampy Tatars, very often the sons of poor fishermen and hunters remained unmarried all their lives, not having the means to pay kalym [Fayzullina, 1997, p.241]. In other groups of Siberian Tatars, in particular the Tarsk ones, in the late XIX-early XX centuries, according to F. T. Valeev, the size of the bride price was not very burdensome: "Among them, during this period, there were rarely cases of a single man being a groom for several years due to the fact that he could not pay kalym on time" [1993, p. 161].

It was possible to avoid paying kalym by abducting the future wife. However, this could have had adverse consequences for the kidnapper. For example, a resident of the Aevsky yurts of the Tarsky ROC. Sumash Muratov appealed to the Tobolsk Zemsky Court with a request to punish the Teacher Karmyshakov, who married his daughter Kulyustan secretly. The girl's father demanded to pay 500 rubles. "for dishonor" and the same amount for the losses incurred by him, and annul the marriage. Muratov blamed not only Karmyshakov, but also Mullah D. Sebelyakova Isak Mukhametdinov, who married the young (TsGIA RB. F. I-295. Op. 3. D. 1085. L. 94, 99).

An important role in the economy of newlyweds among the Siberian Tatars was played by the dowry (Sib. tat. birne), although it was not a mandatory condition of the prenuptial agreement. The girl's parents, as a rule, prepared a dowry long before the wedding. It consisted of two parts: livestock (cow, sheep) (sib. tat. tergau) and household utensils (bedding, dishes). For example, Major Murza Rakhmatulla Kulmametyev gave his daughter Shaima a dowry when she married in 1833: "The factory chest ... bound with white iron. It contains: 1 bowl of pewter dishes, 4 deep dishes, 10 octagonal plates, 10 mugs, 2 large dishes, 2 large and small dishes, 9 copper candlesticks, 2 copper jugs, 1 copper basin, 1 large copper basin, 1 samovar, 12 pairs of tea cups, 6 Chinese cups, 2 cups meerkats, 1 large nightmare, 1 Persian carpet, 1 large down pillow, 1 calico curtain, one gold chain from the earrings, worth 25 rubles. "(Ibid. d. 1084. l. 7]. But the dowry that Nazir Niyasov, a "foreigner" of the Tarsky Uyezd Suburb parish, was able to give to his daughter Sabura in 1835 was not so diverse. It included a dressing gown, a calico curtain, pillows with pillowcases, two calico shirts, an iron frying pan and two drawers (one upholstered in iron) - for a total of 40 rubles. 80 kopecks. (Ibid., d. 1288, l. 2).

The dowry was the entire property of the woman. When they divorced, she took it with her. The dowry of the wife was inviolable, it was not subject to foreclosure on the obligations of the husband, as well as on the following property belonging to the spouse: women's dresses and underwear; half of furniture, dishes, carriages, horses, and harnesses. If things could not be divided in kind, they were sold, and the wife received half of the proceeds [Laws..., 1872, pp. 413-416].

The wedding itself among the Siberian Tatars took place magnificently, lasted several days. There were horse races, wrestling, and running competitions. "Every wedding is celebrated with plentiful food, as well as games, dances and wedding songs, which the Tatars have a lot of. These songs praise the beauty of the bride and the generosity of the groom. The bride often does not show up at all; immediately after the ceremony, she is taken to another room, where she sits" - this is how E. E. Sno saw the wedding of Siberian Tatars in the early XX century [1904, p.27]. In general, researchers note a high degree of variation in wedding ceremonies among Siberian Tatars [Valeev, 1993, p. 141-142; Sharifullina, 2002, p. 144]. Our field materials also showed that in almost every village they had their own specific features.

Islam has developed a very strict attitude towards adultery. According to Sharia law, for him

page 88
they were punished with 100 lashes. According to the legislation of the Russian Empire, since 1837, secular punishment for adultery was introduced - arrest from 3 to 14 days. This has also spread to Muslims. Before applying the arrest, it was possible to use more lenient types of punishment: spiritual repentance or 40-day fasting [Code..., 1915, Article 1585]. At the" public meeting " of D. On May 5, 1832, the case of the "adulterous life" of the Cossack Ishmametya and Ayzha Seitova was considered in the Tuskazan Bukhara volost of the Tarsky district on the complaint of the latter's husband, Bukharian Niyaz Ashirov. The perpetrators were punished with 39 blows of vines directly at the meeting (TsGIA RB. F. I-295. Op. 3. D. 1082. L. 2-2 vol.). In 1839, the Tatars of the Tarsky district Niyasbagin and Chubarov for adultery received a 40-day fast. In addition, they were required to "bring sincere repentance to everyone before God every day: the man in the mosque, and the woman at the parish mullah for three hours a day "(Ibid., d. 1287, l. 5-5 vol., 7).

Marriage, according to the Muslim faith, is considered sacred and cannot be dissolved without good reasons. Spouses are instructed to use all possible means to preserve it, if there is a danger of disintegration. Unlike Christianity, Islam has equal rights for women and men on the issue of divorce. The following reasons were significant for the breakup of marital relations: the refusal of one of the spouses from the Muslim religion, the long-term unknown absence of the husband, the inability or unwillingness to support his wife and children, the presence of mental and physical disabilities (acute mental and some other diseases). For example, due to the absence of the serving Cossack Mavlyutov for 15 years, his wife Rakhila married another man-Abtsalil Abdrakhmanov. And then, when he also left "to study in the Chelyabinsk district, where he stayed for 5 years," Rachel married for the third time - with Mamykov (Ibid. d. 1087. l. 6, 24 vol. -25). Her husband's ill-treatment could also be grounds for divorce, but more often combined with other circumstances. So, in 1888, the petition of the daughter of the Tatar yurt Baishevsky Karymzhan was considered in the OMDS Yakubova about allowing her to remarry "on the occasion of her husband Makhmutov's ill-treatment of her and the failure to provide her with means of maintenance for 7 years" (Ibid. Op. 10. d. 46. L. 46). According to the fatwa of Mufti A. Suleymanov of 1841, the grounds for divorce could be marriage against the bride's wishes [Sbornik krukul'rov..., 1905, p. 6]. A good reason why a woman could leave her husband was non-payment of the agreed amount of kalyma. The case of 1823, which was considered at the request of D. yasachny, is indicative. Shaitanova of the Tyumen ROC. Murat Baibakov. His wife Rabiga, taking advantage of her husband's absence, went to live with her father. Baibakov wanted her back, but her father-in-law, Irik Tokhtashev, did not give her to his son-in-law, but "pushed him out of the house." It turns out from the case file that Murat did not pay kalym at the appointed time, and therefore the mullah divorced the couple, although without the consent of his spouse. Rabiga married another Yasach Tatar from the Varvarinsky yurts, Muras Alloyarov (TsGIA RB. f. I-295. Op. 3. D. 155. L. 6-6 vol.). Parents not only supported their daughters in divorce cases, but also sometimes initiated divorces. For example, as can be seen from the case considered in February 1838 by the akhun of the Tobolsk uyezd, Abdulsalim Abdulvaliyev, the parents of Guliya Atayeva, a" Tatar girl " of the Uvatsky yurts, prevented the continuation of their daughter's marriage with her husband, Gibadi Sabanchin, a resident of the Tukuz yurts (ibid., d. 459, l.1).

According to Sharia law, there are four types of divorce:: 1) final (Arabic. bayin), when the husband can return his wife only by entering into a new marriage contract, and after she marries another man and divorces him [Kerimov, 1999, pp. 111-111]; 2) according to the rule of returning the husband to his wife (Arab. rajaa), when the husband, after giving his wife a divorce, repented and expressed a desire to return her to himself; 3) by bribing the husband with his wife (Arab. ha'al); 4) by renunciation (Arabic. mubaratah). Among the Siberian Tatars, haal and mubarat are the most widespread.

Haal practiced when the wife wanted to leave her husband, buying him off with a terry cloth or an amount in excess of it. In particular, the following example speaks about the existence of such a divorce among the Siberian Tatars. In the Tyumen uyezd in 1835, akhun considered a case on the dissolution of the marriage of the Cossack Izmail Aleev and his wife Kobyakova. The husband beat his wife and daughter, as well as his mother-in-law, which forced Kobyakova to appeal to the spiritual and secular authorities. In order to obtain consent to divorce from her husband, she paid 100 rubles (TsGIA RB. F. I-295. Op. 3. D. 1291. L. 1-2, 9). Mubaratah was carried out with the mutual consent of the spouses, but the husband demanded a reward for his consent. The latter could not exceed mahr. From the case of 1839, it follows that Megurbana Salikova, going to another (Suleiman Churaev), in order to get a divorce from her husband Rakhmangulov, returned the kalym to him, and he gave a subscription to receive it and to renounce his wife (Ibid. d. 720. L.1 - 3 vol.). Divorce agreements between haal and mubarat were drawn up with an indication of their type, as well as the amount and method of remuneration of the spouse [Barkovskaya, 2001, p.34].

A special feature of divorce under Sharia law was that the spouses within three months (Arabic: idda - the period for which a possible pregnancy was determined, in order to establish paternity) remained under one roof, and if supru was resumed between them-

page 89
If they were in a serious relationship, then there was no question of divorce. During the Idd period, the husband had to support his wife. A divorced or widowed woman could not marry another man for three months (Tsmay, Boer, and Ginz, 1998, p. 63). As can be seen from archival materials, both men and women of the Siberian Tatars often remarried after divorce. According to Sharia law, there were no restrictions among them.

Adopted on June 24, 1897. The Orenburg Mohammedan Spiritual Assembly rules regarding children of divorced parents stated that the father must provide funds for their maintenance, the mother has the right to raise her sons until the age of seven, and her daughters until they reach puberty, provided that the following conditions are met:: a) if she herself expresses her desire; b) during the life of their father, when he is divorced from the mother of the children, or after his death; c) if she is not married to a stranger, i.e. a person who is related to the children to such an extent that he is allowed to marry her daughters.

In the absence of these conditions, the right and duty to raise children belong to the father, and in the event of his death - to the grandfather [Collection of circulars..., 1905, p. 126].

In conclusion, it should be noted that a feature of the regulation of marriage and family relations among the Siberian Tatars during the XIX-early XX centuries was the close interweaving of the norms of customary law, Muslim law and Russian civil legislation. Women's empowerment was an important trend. This was manifested in the ability to enter into marriage at their own discretion and initiate divorce proceedings while maintaining property protection. The property rights of the spouses were regulated by regulating the payment of kalym (mahr) and registration of the marriage contract.

List of literature

Azamatov D. D. Orenburg Mohammedan spiritual assembly at the end of the XVIII-XIX centuries. - Ufa: Gilem, 1999. - 193 p.

Bakieva G. T., Kvashnin Yu. N. Zabolotnye tatary: sotsial'no-demograficheskaya situatsiya na rubezhe XX-XXI vekov [Zabolotnye tatary: socio-demographic situation at the Turn of the XX-XXI centuries]. local historian. conf. - Tyumen: Publishing House of the Tyumen State University, 2002. - p. 126-128.

Bakkarevich M. N. Statistical Review of Siberia, compiled on the basis of information drawn from government acts and other reliable sources. - St. Petersburg: [Tip. Schnora], 1810. - 361 p.

Muslimskoe pravo i pravovaya kul'tura [Muslim Law and Legal culture]. - M.: RAGS, 2001. - 75 p.

Valeev F. T. Siberian Tatars: Culture and life. - Kazan: Tatar. kn. izd-vo, 1993. - 208 p.

In memory of the centenary of the Orenburg Mohammedan spiritual Assembly established in Ufa. - Ufa: [Type of Gubernia board], 1891. - 54 p.

Civil Law: Essays on popular legal life. Kazan: [Tip. gubernia pravleniya], 1888, 166 p. (in Russian)

Gromov G. I. The disgrace of strange and ridiculous rites at marriages of various foreign and Russian-dwelling peoples; and something for the unmarried and married. - SPb.: [Tip. Imp. akad. sciences], 1797. - 305 p.

Davletshin K. D. Problems of interrelation of national and religious components of culture and everyday life. - Moscow: [B. I.], 2002. - 338 p.

Eremin G. I. Doislamskie verovaniya "zabolotnykh tatar" Zapadnoy Sibiri (k voprosu ob etnogenez) [Pre-Islamic beliefs of the "Swamp Tatars" of Western Siberia (on the issue of ethnogenesis)]. - 1972. - p. 409-439.

Laws on civil proceedings and penalties. - 4th ed. - St. Petersburg: [Tip. Yu. A. Bokrama], 1872. - Vol. 10, part 2.

Kerimov G. M. Shari'at: Zakon zhizni moslem [Shari'at: The Law of Muslim Life], Moscow: Lenom Publ., 1999, 304 p.

Klimovich D. Islam in Tsarist Russia: Essays, Moscow: State Antireligious Publishing House, 1936, 408 p.

Manukyan Yu. K. Modern family law of the Russian Federation and Sharia Law. - Rostov n / A: APSN, 2003. - 112 p.

About the Yasash Tatars living in the Yalutorovsky district. 1821 / / RO TGIAMZ. KP 12888. N 69. 12 p.

Collection of laws on the Muslim clergy in the Tavrichesky and Orenburg districts and on Mohammedan educational institutions: unofficial publication. Kazan: Kidalinsky Publishing House, 1899, 61 p. (in Russian)

A collection of materials on issues of mixed marriages and the religion of children from these marriages. - St. Petersburg: [Synod. type.], 1906. - 527 p.

Collection of circulars and other guiding orders for the district of the Orenburg Mohammedan Spiritual Assembly, 1836-1903 / comp. R. Fakhretdinov. - Ufa: [Gubernia tip.], 1905. - 226 p.

Sno E. E. Descendants of the Golden Horde Tatars: an essay. - St. Petersburg: [Popov's Tip. ON.], 1904. - 28 p.

Syukiyainen L. R. Sharia and Muslim-legal culture. Moscow: IGiP RAS Publishing House, 1997, 46 p.

Tornau N. E. Moslemskoe pravo [Muslim Law]. - SPb.: [Tip. Imp. akad. nauk], 1866. -259 p.

The Code of Criminal and Correctional Punishments of 1885 / ed. by N. S. Tagantsev. - Pg.: [B. I.], 1915. -959 p.

Fayzullina G. Sh. Obryady perekhodnogo tsikla u zabolotnykh tatars [Rites of the transition cycle among the swampy Tatars]. Narody Sibiri: Sibirskiy etnograficheskiy sbornik [Peoples of Siberia: Siberian Ethnographic Collection], Moscow: IEI RAS, 1997, Book 3, pp. 230-268.

Tsmay V. V., Boer V. M., Gints A. A. Muslim family law. - St. Petersburg: Publishing center "Press", 1998. - 119 p.

Sharifullina F. L. Features of traditional wedding rituals in rural settlements of the Tyumen and Omsk regions / / Siberian Tatars. Kazan: Institute of History of the Academy of Sciences of the Republic of Tatarstan, 2002, pp. 144-164.

Shimanovsky V. M. Criminal acts under the Code of Penal and Correctional Punishments and the Statute on Punishments imposed by Justices of the Peace. - Odessa: [Tip. Acc. of the South-Russian region of Pechersk affairs], 1910. - 672 p.

Yushkov I. N. Sibirskie tatary [Siberian Tatars]. - 1861. - N 45.

The article was submitted to the Editorial Board on 08.07.08.

page 90

Permanent link to this publication: