シャイバー二ー・ハーンとウラマー達 : 一六世紀初頭の中央アジアに於けるヤサとシャリーア

Abstract

Since Shaibani Khan captured Samarqand in 1500, a full-scalerule of Shaibanid Dynasty over Ma wara' al-Nahr have been realized. However, it is not clear hitherto how Shaibanids dealt with Islamic society under their control. This article aims to throw light on the problem above mentioned, taking a jurisprudential dispute kept in Mihman-nama-yi Bukhara as a basic source. In this dispute, it is dicussed whether the representation in inheritance, prohibited in Sunni Islamic law, is to be permitted or not. Shaibani Khan argued for its permission in conformity with his turco-mongol background. But when Ibn Ruzbihan presented an authority, prohibiting the representation, from hadith, and when all the 'ulamas those who were presented there supported it, Shaibani Khan must have withdrawn his claim. Shaibani Khan was a muslim, but at the same time, he was not free from turco-mongol tradition, as symbolized by yasa of Chinggiz Khan. However, he gave preference to shari'a when he dealt with Islamic society under his rule.