ホージャ・アフラールの不動産登記文書 : 一五世紀中央アジアの私有財産所有について

Abstract

It has been a well-known fact that Khwaja Ahrar, a shaykh of Naqshbandi Order in Samarqand under Timurid dynasty, had a large amount of real property in the second half of the 15th century. The publication of O.D. Chekhovich's Samarkandskie Dokumenty XV-XVI vekov in 1974, enabled us to enter into the deeper details. This book contains twelve documents in the 15th century, of which four are waqf documents, and eight are purchase deeds. Through a research for the forms and the contents of these eight purchase deeds, the author reveals the following points on the ownership of real estate in Central Asia, i.e. 'milk.' First, the eight documents, all written as iqrar, show us that 'milk' was registered as an authorized private property according to the shari a in a Islamic court. Secondly, including agricultural lands, villages, shops, hammam, and their musha', or joint ownership, 'milk' was purchasable and inheritable, and was frequently transferred into waqf property. In the third place, the owners of 'milk' were shaykhs, 'ulama', amirs, and the other representatives of the wealthy class. The ownership of 'milk' was a means of their investment for economic profit.