BOOK REVIEW
Visions of Justice: Shar;6a and Cultural Change in Russian Central Asia
By Paolo Sartori (Leiden and Boston, MA: Brill, 2017. Handbook
of Oriental Studies. Section 8 Uralic & Central Asia, 24), xv þ 392 pp.
Price HB £121.00. EAN 978–9004330894.
Historians of Islamic Central Asia are used to being on the margins of Islamic
studies, just as Central Asia is often regarded as being on the margins of the
Muslim world. Borrowing from the more developed historiographies of Islam in
the Middle East, the Maghreb or South Asia is a common way to approach the
study of Sufism, shrine worship or Shari
6a in this vast but sparsely-populated
region, and certainly an improvement on the days when Central Asian Islam was
the domain of Sovietologists with no understanding of the broader Muslim
world. Every so often though a book about Central Asian Islam comes along
which scholars working on other parts of the Muslim world need to take notice
of—which deserves to become influential well beyond the narrow group of
Central Asian specialists. Devin DeWeese’s Islamization and Native Religion in
the Golden Horde (University Park, PA: Pennsylvania State University Press,
1994) was probably the first book on Central Asian Islam to have this kind of
impact, reflected in its winning of the Middle East Studies Association’s Albert
Hourani award (twenty-five years later it remains the only book on Central Asia
to have done so). Another is Adeeb Khalid’s The Politics of Muslim Cultural
Reform. Jadidism in Central Asia (Berkeley, CA: University of California Press,
1998; reviewed by Paul Bergne in JIS 11/1 [2000]: 101–4), which provided an
exploration of Islamic modernism deeply informed by the classic studies of al-
Afgh
:n;, ‘Abduh et al, but also startlingly original on its own terms.
Paolo Sartori’s magnificent book deserves to join this short and exclusive list. It
is not an easy read, and those who are unfamiliar with the geography and
chronology of Central Asia under Russian rule will probably need another
reference work at their side to make sense of it all. There are points when the
argument sags and gets lost in a welter of detail, and others where one wishes
Sartori took longer to explore aspects of the social history which his austere focus
on judicial practice and legal consciousness excludes. Nevertheless, this book is a
remarkable achievement. In many ways it is very different from DeWeese’s work,
with its engaging polemics against normative, sedentary notions of the Islamic
and its tracing of particular images and cultural threads through hagiography,
folklore and poetry over many centuries. It has more in common with Khalid,
partly because they cover the same period, while both he and Sartori employ
ideas from Pierre Bourdieu—Khalid the notion of ‘cultural capital’, Sartori that
of the ‘juridical field’. However Khalid also draws extensively on postcolonial
theory, something Sartori is clearly not interested in: Edward Said does not get a
ß
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mention in Visions of Justice, and even Bernard Cohn, whose work on colonial
systems of law in India might have had some relevance, is cited only once. They
are also, of course, dealing with different (though overlapping) groups of people
in Central Asian society—Khalid with a small group of self-styled Muslim
reformers or Jad;ds, Sartori with those who occupied positions in the judicial
administration of Russian Turkestan—principally q:@;s—and those who brought
cases to them or sought to overturn their judgements. The latter were a varied
bunch, and included many women, so the many judicial case-studies Sartori
includes provide a fascinating cross-section of Central Asian society at the time,
and many voices that usually remain unheard.
What DeWeese, Khalid and Sartori have in common is a mastery of a rich,
hitherto largely untapped body of sources: in DeWeese’s case these are
hagiographies, previously dismissed by most Western orientalists who had
worked with them as no more than fantasies, but which in his hands allowed
unprecedented insight into the subjective experience and understanding of Islam
among both nomadic and sedentary peoples in Central Asia. In Khalid’s case it is
the short-lived periodicals and newspapers published by the Jad;ds, mostly in the
brief period of relative press freedom between the 1905 and 1917 revolutions.
These were long thought to have been lost or destroyed by the Soviet regime, and
in any case few Western historians had the linguistic skills to read them. Khalid
was able to show that Ayin: and 4ad:-yi Turkest:n were at least as worthy of
attention as al-Man:r—in his hands Ma
Am
Fitrat and other Jad;ds acquired the personalities and intellectual life that had
been sorely lacking in the scanty previous scholarship.
Sartori makes use of a bewildering variety of sources in Visions of Justice—
Persianate chronicles, Russian memoirs, Arabic judicial texts—but the key body
of material which he has made his own are the records surrounding court cases,
appeals and petitions, which usually accumulated as bundles of documents (dela)
now held in the Central State Archive of the Republic of Uzbekistan, formerly the
archive of the Turkestan Governor-Generalship. A file of this kind might contain
500 or more folios of varied documents—memoranda and correspondence in
Russian from colonial officials, petitions and judgements in Chaghatai Turki,
copies of waqfn:mas or other legal documents in Persian and Arabic. All of these
have to be read, analysed and combined to recreate past legal disputes, and the
personalities and social structures that generated and surrounded them, and
Sartori is one of the very few scholars with the linguistic and palaeographical
skills and necessary knowledge both of Islamic jurisprudence and of Russian
colonial administration to be able to do this.
In the opening chapter Sartori outlines his concept of the Islamic juridical field
in Central Asia. Previous scholars, myself included, have struggled to understand
the extent of jurisdiction enjoyed by Central Asian q:@;s before the Russian
conquest, and hence have been unable to explain how their role and function
changed thereafter. Sartori is able to demonstrate clearly how important the role
of rulers was in administering justice before the conquest, but explains that it is a
mistake to think of this as a parallel ‘secular’ form of law—to contemporaries it
was all part of an Islamic juridical field based on Shari
6a, regardless of who was
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administering it. Thereafter each chapter is devoted to explaining how the key
institutions of Islamic law changed under Russian colonial rule: what was the
role of the q:@;s once they became elected officers within the colonial
bureaucracy, and why were they portrayed so negatively in the local press and
petitions? How did land tenure evolve under colonial rule? What was the fate of
waqf in Russian Turkestan? How did the role of the mufti change, and how were
fatw
:s drawn up and used?
In each case Sartori is dispelling some deeply ingrained misconceptions in the
existing historiography (including my own work). It has been widely believed
that q:@;s became less well-qualified and more corrupt within a colonial
bureaucracy that deliberately sought to undermine their status by requiring them
to fight elections every three years. In fact Sartori shows that they continued to
have much the same education and to be drawn from the same families as before
the conquest, and while some were corrupt, this was probably no more
widespread than it had been before. What had changed was not the nature of
those holding office, but the fact that there was now an alternative—colonial—
set of judicial structures that could be used against the q:@;s. Their increasingly
negative image was partly a Russian construction, but one which local Muslims
were also quite prepared to use in order to discredit judges who had ruled against
them.
The Russians often claimed to have ‘introduced’ private property to
Turkestan—Sartori shows that this was not so: Islamic law in fact gave much
greater security of tenure than generally existed in European Russia, although the
Russians abolished certain fiscal privileges. Those who had or could forge
documentary proof of ownership took advantage of the de facto legal pluralism
in Turkestan to consolidate their rights under Russian law, while those who relied
on undocumented rights to common pool resources found themselves increas-
ingly squeezed. The colonial administration had a hostile attitude to waqf, and in
principle made the creation of new ones much more difficult—but Sartori shows
that while the institution evolved under Russian rule, those who sought to annul
waqf endowments were usually Muslims litigators seeking to free up property for
their own use—something which Russian law once again made easier. Finally
Sartori shows that the production and use of fatw
:s also changed under Russian
colonial rule, but not in quite the way one would expect. The role of mufti was
not mentioned at all in the Russian legislation on the Muslim judicial system.
This had the effect of preserving their traditional role and avoiding the
bureaucratization which befell the q:@;s’ office, but at the same time meant that
so far as the Russian administration was concerned, any fatw
:s or riv:yats used
in legal proceedings were the ones produced and wielded by the q:@;s, while the
latter also became responsible for the appointment of muftis. Nevertheless:
‘Muftis (and their scribes) continued to offer the same legal services that were
available in the region at least a century before the arrival of the Russians. Muftis
were not marginalized and their fatw
:s lost no legal significance’. There was no
‘epistemic rupture’ of the kind that occurred in British India with the
introduction of a code of ‘Anglo-Muhammadan Law’—the Islamic juridical
field continued to be ‘a legal culture that allowed any party to pursue redress by
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interacting with a juristic authority of her choice and pushing the latter to find
the most suitable argument for her cause’. What changed was the level of popular
and official involvement in the production of fatw
:s, as muftis came under
greater pressure both from their customers and (usually in a rather ill-informed
manner) from Russian officials.
Sartori’s overall conclusion is that colonial rule did indeed bring about
fundamental changes in Central Asian legal consciousness and practice, not as a
result of deliberate policy by the Russians, but because of the ways the latter
misunderstood the nature of Shari
6a and the role of the q:@; (something familiar
from other colonial contexts). Above all he emphasizes the agency of ordinary
Muslim litigants, who responded to new legal opportunities the Russians
themselves often did not realize they had provided. Sartori argues that what he
calls a ‘culture of lies’ emerged under colonial rule, largely because Russian
officials did not have the intellectual or linguistic tools to distinguish between
genuine and malicious appeals and petitions. Central Asian Muslims saw no
contradiction between their identity as Muslims and their use of the institutions
of the Russian colonial state to undermine such cornerstones of the Islamic
juridical field as the q:@; court, or to annul a waqf, when it was in their interests.
The major contribution Sartori has made here to the history of Central Asia is
not in doubt. Why should it also be of interest to historians of other parts of the
Muslim world, as I argued at the outset? One reason is the sheer level of detail
that Sartori is able to provide in his case-studies (the book also contains a series
of generous appendices with facsimiles and translations of archival documents)
which has rarely if ever been matched by historians working on Islamic legal
institutions under British, French or Dutch colonial rule. This in turn is because
taken together, Central Asian archive and manuscript collections are among the
largest surviving anywhere in the Muslim world—probably second only to the
Ottoman archives in their significance—and yet they remain little known and
little used by historians of Islam, who remain overwhelmingly focused on the
Middle East. This needs to change, and Sartori’s superb book should be the
catalyst.
Alexander Morrison
New College, Oxford
E-mail: alexander.morrison@new.ox.ac.uk
doi:10.1093/jis/etz008
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