<論文>遺産の共有 --19世紀後半から20世紀初頭中央アジアの家族と家産継承--

Abstract

For Muslims lived inan y part of premodernIslamic world the Islamic law of succession served as a barrier to anattempt to keep family property intact, because it stipulated that equal shares should be given to those who were in equal relationship to deceased. Consequently, those who had an intention to keep the integrity of their inherited property had to have recourse to different ways to achieve their goal. One such way was jointly owning inherited property by heirs, whereas they received appropriate shares of the estate. In this case, if one of the joint owners died, his/her shares were inherited by his/her own heirs including sometimes those who had been outside the co-ownership for their not having the right of succession to the generator of the estate. By consulting the fatwa document which was produced in the early twentieth century Samarqand province of Russian Turkestan, and which records the case concerning the joint ownership of family property, the author offers following conclusions : first, the way of calculating the shares allocated to each one of the joint owners, as shown by the calculating tables attached to the document, completely agrees with the teachings found in al-Farā'id ̇ al-Sirājīya, the twelfth century Hanafite juristic work specially devoted to the law of succession and enjoyed prolonged popularity as a fundamental textbook for learning the method of calculating shares of succession. Second, as presented by similar fatwa documents from Russian Turkestan, through the inheritance of the shares held by deceased joint owners, the membership of co-owners could have been even conferred to the persons who were in relationship to the generator of the estate either through maternal line or by affinity, whereas they were prone to be excluded from or explicitly not entitled to inheritance according to the lslamic law.