Традиции, реформы и проблемы в вакфном хозяйстве ташкента (на основе исторических документов xvi – начала XX ВВ.)

Аннотация

Significance and necessity of the dissertation topic. In the processes of integration of world community, Uzbekistan has been recognized as one of the cradles of civilization. Especially, right after the country gained its independence, has being paid a distinct attention to studying the history of national statehood and rich cultural-spiritual heritage. Another important point is that the religion of Islam, through its presence in the region for 1300 years, it was absorbed into the values and traditions of our people. As I.A.Karimov truly emphasized: «... we can never imagine our nation apart from this sacred religion. The roots of religious values and concepts of Islamic life are so deep that without them we lose ourselves»125. One expression of those values is the institution of waqf, which was eliminated in 1928. However, waqf as an integral part of our values and a part of our unbroken history should be explored. This is because the history of Uzbckstan, including the history of statehood, education, social protection, improvement, agriculture and economic structure were directly related to the waqf ownership. Nowadays it is very obvious that to discover the history of Uzbekistan based on original sources has become one of the crucial tasks of historical science. In accordance with Decree no. 2204 of the President of the Republic of Uzbekistan «On Further Optimization of the Structure of Academy of Science of the Republic of Uzbekistan and Measures to Strengthen the Integration of Academic Knowledge of the Republic and Higher Education» on July 8, 2014, the Center for Oriental Manuscripts named after Abu Rayhon Bcruniy was established under the Tashkent State Institute of Oriental Studies based on the Institute of Oriental Studies of the Academy of Sciences126. In this decree, special attention is paid to the investigation of historical documents and to efforts towards introducing them to the academic community, together with oriental manuscripts. Of course, this is not surprising, because several kinds of historical documents arc considered important historical-legal sources for studying statehood, the history of social and economic relations and issues of cultural and spiritual life. Announcement of Tashkent as the «Capital of Islamic Culture» by UNESCO in 2007 and the Decree no. 828 of the President of the Republic of Uzbekistan «On Preparation and Implementation of Celebration of 2200 Years of Anniversary of Tashkent City» of April 2, 2008l27, raised the investigations on the history of Tashkent to a new level. At the same time, it came with new responsibilities for historians such as the introduction of new sources on the topic and shedding light on untapped aspects of the history of Tashkent. The research understaken for this dissertation serves to implement the tasks stated in the regulatory documents mentioned above, and as defined by the Government of the Republic of Uzbekistan. The aim of the research is to explore the changes, traditions and problems of waqf households in Tashkent in the 16th - early 20th centuries based on historical documents. Scientific novelty of the research work is as follows: Transformation of paleographic and diplomatic features of historical documents were explained, particularly document papers and writing style, languages and structure of documents were investigated; The reasons of the formation of legal acts on waqf sphere, their function and importance for the management of the waqf economy were identified; It is revealed that downsizing and decreasing of arable waqf lands in Tashkent region which began in the second half of the 19th century with reduction of land resources were linked with the changing of social structure of waqf founders; Based on statistical analyses of the waqf-namahs, declining of the establishment of new waqfs as a consequence of changing attitudes of the government and population towards a waqf property, after the investigations of the waqf properties in 1887, was verified; In the waqf ownership of Tashkent, unlike other parts of Central Asia, the absence of mortgage conditional sale - bai ‘-i ja ’Tz - in practice, less popularity of cash waqf endowments and waqf-i awladi, unlike Khivan khanate and Bukharan emirate, were proven; CONCLUSION In the dissertation, condition of waqf economy of Tashkent historical-cultural region during the five centuries and traditions, problems and transformation process were analyzed for the first time based on more than 700 related documents. Based on the investigation of more than 3000 historical documents of Tashkent region, narrative source and archive materials of the colonial times following conclusions arc made: 1. Even though a number of studies have been implemented on Central Asian waqf ownership, there arc still several questions begging for their solutions in final conclusive interpretations and clarifications. Particularly, a number of crucial issues of the field including demographic and natural factors that affected to establishment and development of waqf economy, regional peculiarities of towns and villages, money and books waqfs arc still not addressed as the main scientific problem. It is impossible to imagine the waqf institutions within the scope of the religious affairs. On the contrary, historical-cultural space of waqf appears as one of the influential economic institutions which had important contribution in development of various fields including, improvement, commerce, education and social protection. Therefore, it is impossible to imagine the waqf institutions without proper studying the above mentioned factors in waqf affairs. 2. Tashkent historical-cultural region is consisted of two administrative units situated on the basins of ChTrchTq and Ahangaran rivers (during the 10*-12th centuries Chach/Shash and Haq, in 15th-18th centuruies Shash/Tashkand and Shahrukhiyah, in 19th century Tashkand and Quramah). During the 16th-19th centuries, waqf households mostly developed in the Tashkent city and basin of Ahangaran river. In the second quarter of the 19th century, as a result of the establishment of Chinaz village in the conflux point of ChTrchTq river into the Syr Darya and reclamation of new lands, waqf households and waqf properties appeared in this part of the region. 3. Historical documents of Tashkent waqf households arc consisted of legal acts (farman, yarliq, manshUr, nishan, hukm-namah, ‘inayat-namah, mubarak-namah), procedural documents (bUyrUq, ‘aridah, raburt, ittifaq-namah, hisab-namah-yi mutawalli, shahadat-namah, ijazat-namah, ma ‘lum-namah, гйу-khatt, til-khatf) and gdt/f-court documents (yvaqf-namah, bai'-i batt (bai'-i ja’iz), hukm, riwayah, khatt-i ijarah, khatt-i iqrdr, khatt-i da ‘wa, khatt-i wakalat, khatt-i ibraf However, establishment and functions of the documents had experienced transformation process over the centuries. For instance, starting from around the 16th century fatwa was replaced by the riwayah document in Central Asian diplomatics. Riwayah was more comprehensive document from the perspective of its functionality and using area compared to its prototype fatwa. During the colonial times, legal acts were separated from the contents of waqf related historical documents. These documents were replaced by the new established documents of Shariia courts that developed under the administrative bureaucratic systems of the colonial courts and experienced transformation process. 4. Historical waqf households of Tashkent region before the Mongol invasion and their documents are still unknown. During the TTmurids, besides the Khwajah Ahrar, Baba-MachTn and Shah ‘Abd al-Malik-baba also possessed waqf properties. During the ShTbanids and Ashtarkhanids, waqf properties of these three had even enlarged. In this time, family waqfs of shrine complexes of the sufi members who lived in the territories adjacent to Tashkent during the 13th-18,h centuries (Shaykh Zayn ad-DTn-baba, Shah Amir Fuqara wall, Mir Hay wall, Sayyid MTrak wall, Baba-khan-Ata, ParpT-Ata), public waqf of Kukaldash madrasah and family waqf properties (Sayyid Muhamad, Nazar-bT, Muhamad ‘Tsa) were established 5. Starting from 19th century, increasing number of waqf households arc closely connected with demographic factors. Particularly, new waqf households were established in the medieval villages like Pskent, Parkent together with subsequently populated areas as well Chinaz, ZangT-Ata, Tilaw, KTrawchT, Abliq, Tamah, Tuy-tTpah and etc. As the territory of Tashkent city enlarged and its population increased, the old mosque and madrasahs were renovated while the new ones were built. Eventually it resulted in development of new waqf households in the area. Small and medium waqf properties endowed by ordinary people were emerged besides the large waqf properties established by representatives of the upper class. 6. Over the course of the five centuries, waqf ownership in Tashkent experienced a number of changes. Initially, the source of the new waqf endowments were mostly allocation of large land properties by the representative of upper class members while starting from the 19th century waqf endowments of craftsmanship-selling shops and their places became popular. Waqf lands became smaller. In our opinion it was generally linked with the inability of government structure for exploration of new lands and elimination of upper class which had alone ability to endow large land properties. Such development waqf ownership has even more amplified from coming into force of the newly established legal systems Turkestan after 1867. 7. There arc visible unique features in Tashkent waqf economy that emerged under the impact of socio-economic processes and viewpoints of local ‘Ulamas. Non-existcnce of bai‘-i ja’iz agreement in utilization of waqf ownership, limited quantity of waqf-i awladi, chash waqf endowments and woman founders can be considered as regional features of Tashkent waqf ownership. 8. Reforms spent in waqf sphere after 1867 haves changed centuries-old traditions. As a result of liquidation of the rights on waqf possession in territory of settlements and introduction of taxes in favour of the state have appeared serious contradictions between leaseholders and waqf administration. The organisation of elections mutawalli became an occasion to contradictions in internal system of waqf administrations. Based on the scientific results that acquired at the end of the research following recommendations and comments arc made: Considering the importance of the historical documents in studying history of statehood in Uzbekistan as legal and historical sources, these materials should be included into scientific circulation by publishing their catalogues or creating their brief databases. In order to have clear image of Central Asian waqf ownership and their regional features, wide range of studies have to be implemented, especially including Khorazm, Surkhandaryo-Qashqadaryo regions and Fergana valley where remained understudied, and also comparative study of historical cities of the neighbouring republics have to be included. In studying history of architectural heritages of the republic as well as Tashkent and their restorations works, it would be accordance with this purpose to pay special attention to historical documents related to these places. Additionally, during the studies of the history and in the works of repairing the architectural monuments located in the republic, especially of Tashkent region, it is important to pay a distinct attention to the researches of historical documents that belong to them.