It can be seen that policies had an even opposite effect. The above-mentioned mistaken assumption, which Russian had before the conquest, played a crucial role. In fact, the Russians provided Muslim judges with power, which they had not had earlier. Qadis received jurisdiction over all civil and commercial cases involving natives and Sharia was left largely unchanged (Morrison 2008, 252). The authority of qadi did not decrease, but became even greater. Concerning the election process, Sartori (2009, 486) concluded that the effects of the measures had not been desirable ones, as hierarchy had not changed and juridical positions were occupied by the same influential people, even if the election process had existed. The positions were occupied
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One of them was Taib, who said: “… At present, the population of the Ferghana Valley and Turkestan should make use of their positive conditions as much as possible. This country can be considered Dar al-Islam (land of Islam), where Muslim qadis and officials work. Islamic law, Sharia, is enforced by those in power. It is a great situation for them to be able to solve any legal issues according to Sharia…” (Komatsu 2007, 7). Taib had witnessed the rise of the court of qadi and considered it as an important opportunity, which had appeared during the process. This idea of future prosperity was also supported by another intellectual Ibrat: “…In these days, all the works belong to the ulama (scholars) and learned men, who are leading people to the right way to progress and improvement…” (Komatsu 2007, 8). Some Muslims perceived this period as a great chance for performing Islamic law. However, Taib also added that “…they (“ignorant Sufis”) dared to have contempt and make fun of qādīs in front of people, although qādīs undertook their legal duties with the consent of Muslims to make legal decisions and to satisfy the needs of believers…” (Komatsu 2007, 9-10) This shows that not all the local population was in agreement with qadis. That is why a number of appeals was increasing. One might suggest that by the time this disagreement would take a form of
One of them was Taib, who said: “… At present, the population of the Ferghana Valley and Turkestan should make use of their positive conditions as much as possible. This country can be considered Dar al-Islam (land of Islam), where Muslim qadis and officials work. Islamic law, Sharia, is enforced by those in power. It is a great situation for them to be able to solve any legal issues according to Sharia…” (Komatsu 2007, 7). Taib had witnessed the rise of the court of qadi and considered it as an important opportunity, which had appeared during the process. This idea of future prosperity was also supported by another intellectual Ibrat: “…In these days, all the works belong to the ulama (scholars) and learned men, who are leading people to the right way to progress and improvement…” (Komatsu 2007, 8). Some Muslims perceived this period as a great chance for performing Islamic law. However, Taib also added that “…they (“ignorant Sufis”) dared to have contempt and make fun of qādīs in front of people, although qādīs undertook their legal duties with the consent of Muslims to make legal decisions and to satisfy the needs of believers…” (Komatsu 2007, 9-10) This shows that not all the local population was in agreement with qadis. That is why a number of appeals was increasing. One might suggest that by the time this disagreement would take a form of