Open AccessTHE POLEMIC ABOUT THE ALIENATION OF PROPERTY ACCORDING TO ‘NAZR’ IN DAGESTAN IN THE XIX CENTURY
Author(s) -
Ramazan S. Abdulmajidov
Publication year - 2019
Publication title -
islam v sovremennom mire
Language(s) - English
Resource type - Journals
eISSN - 2618-7221
pISSN - 2074-1529
DOI - 10.22311/2074-1529-2018-14-4-183-200
Subject(s) - alienation , islam , arabic , property (philosophy) , philosophy , sharia , period (music) , law , political science , religious studies , sociology , history , theology , epistemology , aesthetics , linguistics
The paper is devoted to the analysis of the controversy of Dagestan theologians in the XIX century about an application of Nazr, one of the methods of free alienation of property existing in Islamic law. After determination of the nature and types of nazr, the paper consistently reveals the practice of applying of nazr during the period of Shamil’s Imamate, and then in the whole Dagestan region. Confl ict situations arising from the application of nazr and the reaction of Imam Shamil to it are disclosed in the paper. Сonsiderable attention of the article is given to the polemics that unfolded between well-known Dagestanian theologians and jurists, Muhammadtahir al-Karahi and Haji Ali al-Akushi. The reasons for its occurrence and the content of works in Arabic that arose during the polemic are examined in detail in this paper, also the arguments given by each of the parties to convince the opponent of their truth are analyzed. The study reveals the profound knowledge of Muslim legal literature by the Dagestan theologians.