Forms of Conflict Regulation in Pre-Revolutionary Dagestan

Abstract

Forms of conflict regulation in pre-revolutionary Dagestan are analyzed: Maslaat (an arbitrational or mediatory method of conflict regulation, which has become common in the North Caucasus) and Adat (a custom, relic norms of pre-Islamic legal complexes, a set of rules of a customary law among Dagestan peoples). Various models of their implementation in the traditional pre-revolutionary culture of the peoples of Dagestan are revealed. Features of Dagestan Adats of different societies and settlements are noted. These features are manifested in the fact that, for all the unity and external similarity of codes and provisions, no paragraph repeats the other literally, that is, all of them are of a private nature. The authors analyze the origins of Adats in Dagestan and note that each community (jamaat) had its own code on the basis of common, i.e. single Adat right in Dagestan is divided into many codified codes. Each code fell into Adats of specific communities. The reasons of sustainability of these forms in society are investigated, despite numerous attempts to introduce Shariat norms in pre-revolutionary Dagestan, and the main factors by which Shariat has not displaced Adats are being identified. According to the authors among such factors there is, for example, the fact that Adats got into the life of the Highlanders firmly, and became the basis of their lifestyle and morality. They were more understandable for the Highlanders, as they provided for less stringent punishments than Shariat. Adats were means of replenishment of the budget of leadership elite: bek (the category of privileged population), uzden (the feudal class in the Caucasus), etc. In their elimination the last saw a real threat of their financial wellbeing. The significance and relevance of Adats and Maslaat in modern society are justified and their role in modern culture of Dagestan peoples is determined.