Modern problems of science and education. More terrible than the UK. Will it be possible to eradicate the custom of blood feud in the Caucasus?

Serious crimes, such as murder, injury, violence against a woman, insult to shrines (for example, the graves of ancestors, hearth chain), led to blood feud. Blood feud has been passed down from generation to generation.

One of the most important norms of social behavior, morality of the mountaineers was considered a manifestation of respect for a person, personality, the inadmissibility of encroachment on someone else's life. The murder of a person was considered a serious crime before the family and society, and the answer to it was only one - blood feud. The latter was legalized, prescribed by adat, and deviation from the custom caused public condemnation.

In many Dagestan villages there were kindred groups, families whose ancestors were murderers. Deprived of the opportunity to return to their native village, they remained in a foreign land. The custom of blood feud in the absence of a strong government with firm laws was a means of regulating human behavior, restraining him from committing murder, a measure to protect human life.

Gradually, blood feud began to be replaced by reconciliation with the victim's relatives and payment “for blood”. In addition, blood feud was terminated if a child was taken from the affected clan for upbringing (atrocity). The persecuted could avoid death if he managed to touch his lips to the chest of a woman from the family of persecutors. From that moment on, he seemed to become the milk son of this woman.

Avoidance customs. The behavior of a married woman had its own characteristics: she had to avoid dialogues with the men of the family, not even show herself to her husband's relatives. With her father-in-law, she usually could not talk for several years, and in some nations, even until the end of her life. It was impossible to appear in the eyes of relatives with bare arms and legs, without a headdress.

The spouses were not supposed to call each other by their first names, to be in the same room together during the day, to appear together in public places, to take care of each other, especially to publicly demonstrate their feelings.

The father was not supposed to take in his arms and caress the child in the presence of relatives and strangers, generally pay attention to him. The father did not show up with the child in public places, did not give him his name, but addressed him like this: "the child of the one in our house," "the children of our house."

But with this strict avoidance, the children and parents were truly close; Perhaps this is due to the fact that children spent a lot of time with their father or mother during work, that parents patiently taught their sons and daughters how to work, fathers helped boys to master masculine virtues, and girls were taught to women’s affairs and responsibilities.

Love and tenderness bound the spouses, despite all the external rules of behavior that should have been known and not broken.

Rites associated with the birth of a child. The birth of a child was a joyful and desirable event in the large family of a highlander. They carefully prepared for this event, the expectant mother was surrounded by everyone's attention.

The first swaddling of the Chechens was celebrated as a festive event: guests came with gifts, the baby was placed in a cradle donated by the grandmother, the mother-in-law put the baby in with the wish that the cradle was never empty. A ram was slaughtered for the guests and a treat was arranged.

To protect a child from an evil spirit, many peoples put a coal and scissors in the cradle.

One of the ceremonies associated with the newborn is the ritual of the first shave of the head. It was carried out 40 days after birth.

Carrying out ceremonies strengthened and supported family relationships, and later the child, becoming an adult, transferred these traditions to his family.

From birth, the child learned the native sounds of the mother's language, soothing and lulling him. His mother affectionately called him the apple of an eye, a grain of heart, a fawn, a wildflower. Lullabies for boys and girls were different. The mother sang to the girls about a slender, beautiful girl, modest, respectful and hardworking, And she wished the boy strength, courage, courage and intelligence. So already in infancy, the child was indoctrinated with the idea of ​​\ u200b \ u200bthe merits of a person. The kids were entertained with nursery rhymes about a kitten, a calf, a cockerel. “On your palm is a garden, in the middle of it is a pond. The thumb is a young goose; index - caught a goose; the middle goose plucked. This finger cooked soup, the smallest stoked the oven. The goose flew into the mouth, and from there - into the stomach. "

Daily life of the highlanders of the North Caucasus in the 19th century Kaziev Shapi Magomedovich

Blood revenge

Blood revenge

Blood feud was usually punishable by murder, some other serious crimes, as well as rape and adultery with a married woman (adulterers were put in a pit with their hands tied to their feet, after which men stoned men, women - women).

Exit to the kanly was accompanied by a certain collection of money or property (scarlet, diyat) in favor of the offended person or his heirs. This punishment was intensified by the fact that in some cases, together with the culprit, several of his closest relatives or the entire family living in the same house were expelled, and sometimes the house itself was destroyed.

The highlanders' communities tried to regulate the most archaic legal norms. This was especially true of blood feud, which could lead to the mutual destruction of the warring tukhums.

Among the Chechens, as Z. Shakhbiev writes: “... When any of the members of the taip community was killed, a council of elders from the taipa of the deceased immediately convened, in which the victim's close relatives also took part. After establishing the detailed circumstances and reasons for the murder, the council of elders decided to avenge the murdered person. The type of criminal also convened his council of elders, which sought ways to urgently reconcile with the murdered secret. In such cases, the opposite sides very often did not yield to each other. And therefore, to reconcile them, representatives of neutral taipes intervened, and then a tribal council was already gathering, which worked out the conditions for reconciliation. "

In Dagestan and among other peoples, adats prohibited the murder of a bloodline in a mosque, in the presence of a court, authorities and at a public gathering. In Avariya and Unkrathla, persons who committed murder by negligence (accidentally), children and madmen were fined.

Quite often the community gave a chance for salvation to the expelled murderer. The set of decisions of the Tsekobsky rural society of Dagestan read: “The murderer's relatives are not expelled from the village; the heirs of the murdered have no right to kill their own bloodline until the society, through its executors, delivers him to a safe place of eviction. " In contrast to the expulsion of "its own bloodline," the society was concerned about not surrendering other bloodlines who were seeking protection from it. This question was considered a matter of honor. During the period we are considering, the Kanly were scattered throughout Dagestan and reliably hidden until reconciliation. Often they stayed in the villages that sheltered them.

AV Komarov, who thoroughly studied the adats of the peoples of Dagestan, testifies: “It is considered a good and godly deed by the people to help a murderer in reconciliation not only in words, but also in deeds. Often, in the event of the insolvency of the kanla and his relatives, fellow villagers provide funds for the costs of reconciliation. The relatives of the murdered deserve general respect and praise, agreeing to forgive the repentant unintentional murderer without any remuneration. The rite of reconciliation is performed in different ways. In the case of the Kyurintsy, it is as follows. When the consent of the relatives of the murdered person to reconciliation is obtained and the ransom will be given to them in full, then they put a shroud on the killer and gird him with a saber. In this outfit, old men and honorable people lead him to the house of the closest relative of the murdered as a sign that he himself is guilty, bringing with him a weapon to avenge the blood of the murdered man and a shroud for burial. On the way to the gates of the house, the killer is stopped, a chosen one from among the relatives of the murdered comes out of the house, removes the sword, shroud and hat from the kanla and strokes him on the head. Mulla reads fatihe (“Opener” - the first surah of the Koran - Auth.) And then any enmity is considered completely over.

Among the Kumyks, the relatives of the murdered gather together on the appointed day. The old men and the cadi bring the murderer and put him away from the relatives of the murdered, so that only one can see his face. Cadi stands in the middle and prays for the reconciliation of those at war, ending his prayer with the reading of Fatiha, which is repeated after him by those who are reconciled. At the end of the prayer, the cadi wipes his face with his hands as a sign of gratitude to God for the peace sent down. After that, the forgiven invites all the relatives of the murdered person for a treat; as soon as they come to the door of the house where the meal is being served, he falls to the ground with his bare head and does not get up until the closest relative of the victim tells him: “Get up, we forgive you,” and the others present must pick him up. During the meal, the forgiven kanli stands without a hat and drinks from the same cup with the relatives of the victim.

At the end of the meal, the relatives of the murdered man return home. A horse prepared in advance, saddled and hung with a weapon, stands at the gate. The closest relative of the killed man takes the horse and distributes weapons to the rest of his relatives. The women of the victim's family receive a silk cloth for their dress as a gift. Similar ceremonies, with some changes, are performed during reconciliation in other parts of Dagestan. A reconciled killer is considered a blood brother (kankardash), that is, he replaces the one killed by him in his family. He is charged with the obligation to visit the grave of the deceased as often as possible and generally provide all kinds of services to his relatives ...

With the natural death of the kanla, blood revenge for the murder he committed ceases. The scarlet or diyat recovered from him becomes the full property of the relatives of the murdered, who, in addition, receive a reward for allowing the deceased to be buried in the cemetery of his village ... "

According to A. V. Komarov, “Everywhere murder is punished with blood revenge or reconciliation on certain conditions; everywhere it is allowed to kill with impunity a thief caught in the act, a robber, a close relative seen in a love affair; everywhere the wounded is treated at the expense of the wounded, the caught thief returns the stolen goods, etc. "

Noting the predominantly economic, fiscal nature of the punishments imposed by the highland court on offenders, A.V. Komarov wrote: “Nobody is sentenced to the unconditional death penalty in adat; but there are cases in which the right to kill the culprit with impunity is granted to anyone who wants and can do it. So, for example, in the Tsudakhar society, a person guilty of stealing from a mosque, in addition to paying 12 times more than the value of what was stolen, is expelled from society and is considered kanli of all residents of the village where he committed the crime. "

In Gidatl, for deliberately setting fire to the bridge, the culprit is fined 100 boilers, expelled from society and is considered the blood enemy of everyone, like a murderer.

In the Terekem magal of the Kaitago-Tabasaran district, if a woman runs away from her husband and, upon receiving a divorce, does not want to marry the one to whom she fled, the whole society is considered kanli.

Among the Kumyks, the possessions of Tarkovsky and the Khanate of Mehtulinsky, those guilty of killing their former enemy after reconciliation with him, of digging graves and stealing shrouds from the dead, can be killed by anyone.

For debauchery, parricide and some other crimes inflicting, in the opinion of the people, dishonor for the whole family, is not only allowed, but as it were, it is obliged to kill the culprit without any trial or examination of the case ...

House arrest is used only as a precautionary measure. So, for example, the relatives of the murderer should not leave the house until a certain time, otherwise they may be injured and even killed with impunity by the relatives of the murdered person. In those villages where, according to adat, the murderer is allowed to stay in his house, he, until reconciliation with the relatives of the murdered, is not allowed out of the house. " The conclusion drawn by the historian of law MM Kovalevsky in his work "Law and Custom in the Caucasus" seems to be quite reasonable: "Despite the diversity of the tribal composition and the diversity of languages, the inhabitants of Dagestan adhere to more or less the same principles of law."

For a long time in Ossetia, adat proceedings were not carried out at all. There were communities where the clans got along peacefully with each other for centuries. But this was not the case everywhere. The compilers of the "Collection of information about the Caucasus" wrote: “In many parts of Ossetia it never came to organizing people's courts ... Any violation of the law, even the most insignificant, could lead to self-rule and even to the most bloody revenge, because the offended resisted, and verbal dispute usually turned into a quarrel that ended in murder. Thus, very often, due to the most insignificant trifles, it came to terrible bloodshed, from which hundreds of people died. This was the case in Ossetia at the beginning of this century, and we could even give examples of bloody tribal disputes from the 20s and 30s ...

Bloody revenge is not only allowed, but even made a duty to a free person. It was considered a necessary duty in the case of murder, whether with or without the intention of being committed, wounding, grievous insults and the violation of important personal rights. In such cases, it was considered weakness or cowardice to soon reconcile with the enemy, take a ransom or satisfaction. "

The enmity between strong clans sometimes dragged on for tens and hundreds of years; whole villages were captured and destroyed; people were killed or sold into slavery. Only at the end of the 18th - beginning of the 19th centuries did the communal self-government in Ossetia manage to some extent to take control of the bloody feuds. The authors of an ethnographic essay about the Ossetians testify: “The old men, who, in the outbreak of disputes, took on the role of mediators, often succeeded, at least in the best auls, to establish reconciliation between the hostile parties. This reconciliation consisted in the beginning for the most part only in the conclusion of an armistice. In support of this truce between both warring courts or clans, the criminal side sent the opposing side, as if as a sign of special honor, a bull, a cow or a certain amount of money as a gift ... After the armistice was concluded, the warring parties could freely walk around the aul, but they did not have the right to speak each other until the final reconciliation. Only the culprit was not allowed out of the house, so as not to arouse the vengeance of the opposing side.

Meanwhile, the old people tried in every possible way either to conclude a lasting peace directly, or at least to enforce the choice of arbitrators. For the most part, they resorted to the latter ... The case was passed into the hands of these judges, and the hostile parties solemnly promised to the old people to obey the judgment of the judges unquestioningly.

If the defendant did not admit his guilt, then the case was decided by an oath with a jury. If the defendant missed the term of the oath, then the judge's verdict came into legal force. In the latter case, the de facto case ended; in the first case, the defendant's clan had to satisfy the opposing party by the verdict. This satisfaction consisted mainly in the payment of a recognized ransom, which, depending on the nature of the crime, was very different.

The value of the ransom, determined by the judges at the meeting, remained their secret, that is, the amount of the ransom was not announced to the sentenced party. Its payment was distributed by the judges for terms. The sentenced party was only informed: "You must by such and such a date give the plaintiff a part of the land, which would be equal to the value of so many cows." At the end of this period and after the payment of the following from those sentenced by him, again and for the last time, it was announced: "Give copper and iron utensils at the cost of so many cows" (the largest ransom for premeditated murder according to ordinary Ossetian law is equal to 324 cows, or at least , 3240 rubles - the amount that a private person could not pay).

If the guilty party missed one or the other payment deadline, then with this de jure there was an opportunity to immediately resume blood revenge. If blood vengeance began again, then in that case, what had already been paid was immediately returned; but it came to this very rarely, because it was better to wait and demand in court.

After the payment of the entire ransom, the sentenced were usually obliged to set the offended a solemn feast by a certain date to secure peace, and for this feast so many rams had to be slaughtered and so many cauldrons of beer or vodka brewed. This feast was accompanied by many ceremonies. The meaning of these ceremonies is very simple: the offender asks the offended person or his heirs for forgiveness, which he usually receives. After that, a strong drinking party begins: they eat, make noise, sing, and at the end of everything they disperse completely satisfied to their homes, if only the celebration did without a new murder ... The forgiven murderer from that time is considered a "blood brother", a relative of the murdered, he often went to the graves of the murdered and his relatives, brought in honor of their food and made a libation. So Ossetians put up with their blood enemies! "

Nevertheless, feudal strife in Ossetia continued. In order to stop them and analyze mutual claims, the Caucasian administration established a special commission in Vladikavkaz in 1830, the functions of which largely coincided with the activities of the Provisional Kabardian Court in Nalchik.

In Abkhazia, as von der Hoven wrote: “For murder, they are usually called to trial, when the relatives of the murdered are weaker and unable to take revenge on the murderer, or when blood revenge becomes endless. The judges impose a penalty on the guilty person according to the rank of the murdered, which is the main difference between states and an accurate assessment of the strength and rank of the names of the blood avengers ... "

FF Tornau, regarding the court cases of blood revenge among the neighboring Abkhazian Circassian tribes, writes in "Memoirs of a Caucasian officer": “Kanla is inherited from father to son and extends to all the relatives of the murderer and the murdered. The most distant relatives of the murdered are obliged to avenge his blood; even the strength and significance of some sort depends a lot on the number of blood avengers he can put up. Kanla ends only by court, with the payment of a bloody fine, when the warring parties so desire. They can be judged by spiritual judgment, according to Sharia law, or according to adat, which pronounces its decisions on the basis of custom. According to the power of Sharia, all Muslims are equal before the Koran, and the blood of each of them, a prince or a simple landowner, is valued equally. Adat recognizes the gradual importance of various estates, and the life of a prince is worth more than the life of a nobleman, who, in turn, has an advantage over a simple free person. For this reason, people of the highest rank prefer adat, while the lower ones try to bring the matter under Sharia law.

One agreement of the warring parties to hand over the kanla case to a Sharia or adat decision gives rise to so many disputes and quarrels that the highlanders resort to court only as a last resort, when the kanla threatens to become too large, or when the whole people forces the family to end their feud in this way. "

Highland Jews were also guided by adats, which were based on customs and norms of behavior generally accepted in the mountains.

Ethnographer I. Anisimov in his book “Caucasian Jews-Highlanders”, published in 1888, writes: “Every drop of blood, according to the Jewish Highlander, must be avenged, and the deceased will not calm down until then, his blood will not stop boiling and he will not be accepted to the throne of the Most High until blood is drawn for blood. The duty of revenge passes from one close relative to another, and the relatives of the murdered can take revenge not only on the murderer, but also on anyone who gets in his way from his relatives. Recently, however, thanks to the increased police supervision in villages and towns, murderers find protection and avoid revenge by paying the amount assigned by adat (customary law) for the blood of the murdered person. "

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The custom of blood feud exists in Italy, Yemen, Afghanistan, and in the Caucasian republics. One of the proverbs says: "If you shoot in the Caucasus, a shootout lasts a hundred years."

Even relatively recently, blood feud existed in Corsica, as described by Prosper Mérimée, and I would not be surprised if it still persists in some remote villages.

Let's discuss this unpleasant, but quite vital phenomenon. In the same Ingushetia, quite recently, a blood feud led to the change of the President of the autonomous republic. And one of the first actions of the new President Yunus-Bek Yevkurov was an attempt to organize a mass reconciliation of blood feuds.

Yunus-Bek called for peace 180 families in blood feud

In early 2009, the President of Ingushetia invited muftis, imams of villages and families living in a state of blood feud to a meeting. Yunus-Bek Yevkurov repeated the figure - 180 Ingush families are filled with a mood of hostility and are ready for cruel reprisals.

For a small republic, this is a huge figure. A large number of people are forced to hide, and not only those who have committed crimes, but also their close and distant relatives.

The President of Ingushetia called on those present to be merciful, because forgiving one's own bloodlines is a godly deed. The warring families - the Tangievs and Ganizhevs, the Evloyevs and Abogachievs - abandoned their blood feud and made peace. The rest read a prayer in honor of the reconciliation of the bloodlines and left the meeting.

Therefore, they have not yet reconciled!

And here is another article about blood feud: this vengeance led to the departure of the former President of Ingushetia, although, of course, not only that.

Article by Roman Ataginsky

Blood revenge laws

Tragic events in Ingushetia made local residents remember an ancient custom

The two most influential families in Ingushetia put on mourning.

After the tragic death of Magomed Yevloyev, the owner of the opposition website Ingushetia.ru (he was accidentally shot by a policeman), rumors spread throughout the republic that the family of the deceased had declared a blood feud against the family of President Murat Zyazikov.

And literally a week later, the cousin of the head of the republic, Bekkhan Zyazikov, was riddled with bullets from an ambush - just on Murat's birthday. Two more people died with him. The Yevloyevs 'family (by the way, much more numerous than the Zyazikovs' clan) did not take responsibility for the murder, saying that "the attack was the work of some bandits." But many in the republic are convinced that this is an act of blood feud. The tragic events in Ingushetia forced local residents to remember the laws of the mountains by which their ancestors lived.

Sentence

According to ancient Ingush customs, the murderer's verdict is passed by the family of the deceased. The clan of the guilty party is immediately notified of the decision. If it is not known for certain who is responsible for the death, but the injured party has suspects, in a public place (for example, in a mosque), she calls their names. It also announces that within a limited timeframe, the suspects will have to either accept the accusations or reject them with an oath on the Qur'an.

Ingushetia is shaken by a series of deaths

The oath on the Koran is pronounced directly by the suspect in the murder. Publicly. Moreover, the injured party has the right to draw up the text of the oath so that the offender cannot bluff or substitute concepts. Then his oath is confirmed by the oath of several more (usually seven) people - his closest relatives from the elderly. And from this moment all suspicions are removed from them.

Beard

After the vendetta is declared, the guilty party is obliged to perform some elements of the rite of blood revenge. Their men should not be seen by victims' representatives. They do not shave (in the same way as their bloodlines, until vengeance is rewarded).

It happens that revenge is not presented to everyone, but only to the person who is directly guilty of the murder. They announce this directly or through intermediaries: they say, everyone is forgiven, except for the one who shot. And then all other men have the right to remove mourning from their faces, that is, to shave.

Magomed Evloev

In blood feud, the principle of equality of punishment and crime is strictly observed. If a person is injured, the culprit cannot be killed. Moreover, the punishment by injury should also be no more severe. It is preferable that the act of retaliation takes place at the same place where the murder (or injury) was committed. And so that the weapon was used exactly the same.

At the same time, it is believed that it is possible to deal with a bloodline without undue scrupulousness in observing the "knightly rules", that is, it will not be treacherous to kill him from an ambush, in the back or under any other circumstances. The only case that is stipulated is when the bloodline is in the house of his enemies. From this moment on, his life is inviolable, and there is no greater shame for the owners if something happens to him at this time.

Term

Blood feud has no statute of limitations. And no one has the right to remove it, except for the family that announced it. It happens that in spite of everything, the bloodlines do not want reconciliation, even if respected people - the spiritual leaders of the nation - ask for it. And then the clan war takes on a fierce character and the death toll goes to dozens.

Bekkhan Zyazikov

For example, for almost ten years now there has been a feud between two well-known teips from the village of Bamut. In total, there are already 12 victims for two families, although not everyone today remembers how it all began. On the other hand, the members of the U. family from Kurchaloy, on the other hand, have been living for 70 years in anticipation of retribution for the murder committed by their distant ancestor in 1936. The bloodline clan takes no steps, neither forgiveness nor vengeance.

Word

Blood feud does not apply to women and children. That is, they cannot take revenge. Likewise, women have no right to take revenge themselves. True, sometimes, if there were no men left in the family who could avenge the death of their father or brother, one of the women took it upon themselves. They say that until recently, a lonely old woman was alive in Urus-Martan (Chechen Republic), who, as a girl, gave her word to avenge the death of her only brother. She was not yet eighteen when she put on the men's trousers and vowed not to take them off until retribution had occurred. She died of illness at the age of 71 and until her death she did not change into women's clothes. Needless to say, she did not marry and did not have children. In any case, her name is still pronounced with respect and as a model for keeping her word.

- officially a secular country, where religion is separated from the state. Turkey seeks to join the European Union, which implies, among other things, a reform of the legal system and radical changes in the public legal consciousness. However, the real life of Turkish society is still largely based on the values ​​of medieval Islam.

Blood feud is one of the remnants of the Middle Ages. Turks regard revenge as a matter of life. Blood feud is a custom established under the clan system as a universal means of protecting the honor, dignity and property of the clan. It is the duty of the relatives of the murdered person to take revenge on the murderer or his relatives.

Until now, in southeastern Turkey, where mainly Kurds live, the custom of blood feud is sometimes observed, since the life of the population is largely regulated by clan norms.

In Turkey, it is believed that blood feud is an exclusively male affair, and it does not apply to women. He who has not fulfilled his duty of revenge covers himself with indelible shame. But often the initiator of revenge is a woman - as a rule, the widow of the murdered man. It is the wives who keep the bloody clothes of their husbands in order to show them one day to their grown sons.

Sometimes retaliation comes immediately if there is a man of the appropriate age in the victim's family, and the police simply do not have time to intervene. But this does not happen often - in most cases, the legitimate authorities manage to "work" before the "bloodshed". But even the term served under the "state" sentence does not change anything: retribution often overtakes the murderer right at the prison gates. And then the "hero-criminal" with a smoking gun or a bloody dagger goes to surrender to the police. For such a mission, families choose either minors or elderly people, as a rule, those who have never experienced "friction with the law" before. In these cases, the court sometimes imposes a punishment “below the lower limit”, taking into account both the motive and the personality of the defendant.

For many peoples, where the law of blood feud was observed, there were also ways to stop it. Often the elders of the clan preferred not to bring the matter to blood feud and sought to "settle the situation" with the help of ransom. But ransom is rarely accepted in Turkey. The law of blood revenge is unshakable: blood can only be washed away with blood. But there are also exceptions, murder does not always "turn on" a chain reaction of blood revenge, which, in fact, develops into a war of destruction. So, if a killed relative paid with his life for an unjust deed, then the family sometimes preferred not to avenge him.

In Turkey, between 2000 and 2005, 1,190 people - 710 men and 480 women - died from crimes of "honor" and blood feud.

In 2007, forty people became victims of such crimes and about a hundred were sentenced to life imprisonment.

In 2008, in the city of Tarsus, a crime was committed in the central city garden. The reason was the feud between families, which began ten years earlier after, against the will of the girl's parents, the groom's relatives kidnapped her. The bride's family could not forgive the shame. In order to wash off the insult with blood, the criminal shot the whole family of offenders in a few minutes. Five people died, including a child.

In response to the EU's demand, Turkey has toughened penalties for honor killings - the court practice has been canceled, when the “protection of family honor” was considered a mitigating circumstance in sentencing the murderer.

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The article is devoted to the study of issues related to the legal reforms of Dagestan in the second half of the 19th century. These questions have always been in the focus of attention of scientists. It involves the study of a set of issues related to the state and political structure in the territory of Dagestan in the first half of the 19th century, the legal system of Dagestan as a whole throughout the entire century under review, and administrative and judicial reforms of the second half of the 19th century. To the question: "What is blood feud?" a modern Russian will answer something like this: “Blood feud (vendetta, from Italian vendetta - revenge) is a custom that has developed under the clan system as a universal means of protecting the clan. It is the duty of the relatives of the murdered person to take revenge on the murderer or his relatives. It exists among some of the peoples of the North Caucasus. The motive of blood feud is one of the aggravating circumstances of murder in some republics and even in Russia. " But even this circumstance has eradicated this custom among the peoples of the North Caucasus, in particular among the peoples of Dagestan? Modern practice shows that it is not.

Dagestan

blood feud

vendetta

bidul qisas

blood revenge

premeditated murder

retribution

1. Aglarov M.A. Rural community in Nagorny Dagestan in the 17th - early 19th centuries. M., 1988.

2. Bekishieva S.R. On the question of the sources (forms) of the customary law of the peoples of Dagestan // Russia and the Caucasus: history and modernity: Materials of the International Scientific Conference. Makhachkala: Nauka DNTs Publishing House, 2010. P. 361-366.

3. Bekishieva S.R. Problems of the application of conciliation procedures in the North Caucasus in the modern period // http://www.rusnauka.com.

4. Bobrovnikov V.O. Muslims of the North-East Caucasus: Custom, Law, Violence. M., 2002.

5. Gidulyanov L. Adaty of the peoples of the Caucasus. Common law of the peoples of the North Caucasus, Armenians and Turks. Atalism. http://ru.wikipedia.org.

6. Kovalevsky M.M. Law and custom in the Caucasus, M., 1890.

7. Kovalevsky M.M. Modern custom and ancient law, M., 1886.

8. Komarov A.V., Adaty and legal proceedings on them; M. Kovalevsky, Dagestan Narodnaya Pravda. Ethnographer. Review, No. 1, 1890

9. Leontovich F.I., Adaty Caucasian highlanders. Various adats of the highlanders are printed mainly in the "Collection of information about the Caucasian highlanders" (vol. I - X, Tifl., 1868-81).

10. Luguev S.A. On blood feud among the Laks in the second half of the XIX-early. XX centuries. On Sat. Family life of the peoples of Dagestan in the XIX-XX centuries. Dagestan ethnographic collection. Makhachkala 1980.S. 89-107.

11. Magomedova Z.A. Historical information in the letters of the Naibs of Dagestan (mid-19th century) // Bulletin of the Institute of History, Archeology and Ethnography. 2013. No. 4 (36). S.33-40.

12. Musaeva A.G. Some information about the union of free communities of highland Dagestan - Bakululal (Gumbet) in the XIX - early XX century. (historical and legal aspect) // Modern problems of science and education. 2014. No. 6. URL: www ..

13. Musaeva A.G. Legal and ethical-moral methods of self-purification in Dagestan society. // Humanities, socio-economic and social sciences. 2014. No. 12-2. S. 75-77.

14. Musaeva A.G. Characteristic features of adat law among the highlanders of Dagestan // Humanitarian, socio-economic and social sciences. 2014. No. 10-1. S. 243-245.

15. Syukiyainen L.R. Muslim law. M., 1986.

16. Syukiyainen L.R. Sharia and Muslim legal culture M., 1997.

17. Khalifaeva A.K., Agakerimova Ch.A. Customary law of the peoples of Dagestan // Russian law on the Internet. 2007. No. 2. S. 13.

To the question: "What is blood feud?" a modern Russian will answer something like this: “Blood feud (vendetta, from the Italian. vendetta - revenge) is a custom that developed under the clan system as a universal means of protecting the clan. It is the duty of the relatives of the murdered person to take revenge on the murderer or his relatives. It exists among some of the peoples of the North Caucasus. The motive of blood feud is one of the aggravating circumstances of murder in some republics and even in Russia. " But even this circumstance has eradicated this custom among the peoples of the North Caucasus, in particular among the peoples of Dagestan? Modern practice shows that it is not.

The attitude to the custom of blood feud is twofold. Why? During the tsarist rule in Dagestan, an average of 600 people per year died on the basis of blood feud or for other reasons rooted in the remnants of family life. At the present time, there are also crimes committed on the basis of blood feud. Out of 170 murders registered by the Prosecutor's Office of the Republic of Dagestan in 2007 (42 are attempted murders, 7 are missing), 4 crimes were committed on the basis of blood feud. It should be noted that when investigating cases of this kind, investigators cannot always establish the actual motive for the crime. Therefore, the real level of crime motivated by blood feud, according to experts, is higher than the official statistics represent. Thus, today the custom of blood feud has ceased to be, if not socially approved, then, in any case, a legal form of restoring social justice. If you look at the reports of the Ministry of Internal Affairs of Dagestan, you can see that in the mid-2000s, about 15% of all murders and attempts in the republic were somehow related to blood feud. It seems that these figures alone are enough to understand how topical this issue is in the Caucasus. At the same time, the law enforcement agencies of Dagestan emphasize that it is the institution of blood feud that blocks the rampant crime in mountainous regions. By the way, it should be noted that the custom of blood feud is more widespread there.

On the one hand, the custom of blood feud turns out to be a deterrent in the way of those who intend to commit murder. The person understands that if he kills someone (or does something bad), the relatives of the killed person will pursue him until the murderer's blood is shed. Believe me, this works on people much better than legal imprisonment. That is, the main postulate of the custom of blood feud: to avenge the murdered is the duty of every man of the family. In some mountain villages of Dagestan, there is still a special place in the cemeteries, where they bury those who died without fulfilling their "blood duty" or not having tried on enemies. But living in a modern society, where even a moratorium has been introduced on the death penalty, we cannot allow someone (even a very offended person) to carry out lynching.

The institution of blood feud itself - kanly (kanlyat) - is a universal, intersectoral institution of customary law, as one of the initial ones in its system, played an important role in the life of society. It was based on the principle of talion. Kanlyat - “blood feud against the murderer or his relatives, kin from the side of relatives; relatives of the slain. " This is an ancient custom, some cases of following which can be found in our days.

Blood feud, one of the characteristic features of family and social life, reflects the level of socio-economic life of the people, reveals the features of class-class relations, the specifics of economic life and legal norms, characterizes the ethics and morality of society at a certain stage of historical development. Local customary law legalized and regulated one of the main types of violence in mountain society - blood feud. What was this institution like?

None of the modern Caucasian scholars have doubts that blood feud (Avar, bidul qisas, from the Arab, the Sharia term qisas, in the Lak language there are several names: "ottul kyisas", "ottul intikam", "badal") was widespread for a long time not only among the Avars, but also in all regions of the North Caucasus. A.V. Komarov notes: "Common to all adats in Dagestan: everywhere murder is punished with blood revenge and reconciliation on certain terms." F.I. Leontovich, N. Reinecke and others.

The reason for the blood feud was murder, wounding, kidnapping of a girl, seizure of land, insulting a guest, honor, home, which was revered by the highlanders, etc. In Dagestan, according to A.V. Komarov, adats in the late XIX - early XX centuries. allowed to kill their blood enemy, an attacking robber, a thief caught at the scene of a crime, a kidnapper of a woman.

The custom arose as a defense measure.

The members of the clan were supposed to provide each other with help and support. An offense to a member of the clan was tantamount to an offense inflicted on the entire collective. Each relied on his own kind as a force capable of protecting it from any enemies. “From here, from the blood ties of the clan, the obligation of blood revenge arose,” F. Engels pointed out. Blood feud, a characteristic norm of the customary law of a rural community, has its roots in family life. But a rural community is a community of people on a neighborly basis, and the custom of blood feud reflected relations between consanguineous, not territorial groups. The blood feud was based on the principle of inflicting equal damage, retribution for the loss of a producing unit, for the weakening of the collective. With the growing differentiation of society, blood feud became an instrument of social oppression and an expression of class inequality. However, one cannot ignore the meaning of custom and as a means of demonstrating the strength and power of the clan, which, according to A.M. Ladyzhensky, the cornerstone of the custom. The differentiation of society, the strengthening of some genera at the expense of the weakness of others, contributed to the further development of custom. Differentiation, the antagonistic nature of the prevailing social relations, the development of private ownership of tools and means of production led to the transformation of a generic custom into a legal norm. "Revenge from the norm of everyday life with the emergence of private ownership of livestock, land and slaves becomes a legal custom and, as such, remains a survivor among various peoples for a very long historical period."

The murder provoked immediate vengeance on the part of the victim's relatives. In addition, a person who inflicted a wound, insulted in word or deed, touched upon the honor of a mother, sister, daughter, wife was persecuted as a bloodline. “However, in practice, in everyday life, the scope of blood feud was essentially unlimited. The slightest insult led to murder, and the last - revenge, ”writes V.P. Egorova about the Dagestanis. The same fully applies to the Laks. For insulting a woman by word or action, the culprit was persecuted by both the father's relatives and the husband's relatives. The insult of the guest could also serve as a reason for revenge. Contributed to the preservation of blood feud and the existence of the custom of abducting women. The relatives of the woman and her husband persecuted the abductor, and although the adat Laks allowed reconciliation in such cases on certain conditions, nevertheless, the case often ended in the murder of the offender. This act led to revenge on the part of the relatives of the murdered, and thus, the blood feud could drag on for many years. S. Gabiev even believes that the abduction of women and the ensuing blood feud was the main brake on the growth of the population of Lakia. However, under the conditions of endogamy domination, abductions of women and girls were not carried out very often and were of an episodic nature. Murder was often punishable by insulting a girl with an action known among the Laks under the term “boogian”. The man, in front of witnesses, either kissed the girl, or touched her with his hand. After that, either the man, having achieved reconciliation with the girl's relatives, married her, or, wanting to offend her relatives, he refused to marry and was persecuted by them as a bloodline, or, not receiving permission to marry the girl, was again persecuted by her relatives. Nobody dared to marry a girl who was insulted in this way and did not marry the offender, and until the end of her days she walked with the stigma of “disgraced”. The last of the listed variants was the rarest among the Laks. Some researchers believe that a man was persecuted even if his touch to the girl was not malicious, unintentional.

The possibility of a blood feud due to the "negligible occasion" made it an especially dangerous phenomenon for society.

Only an adult man or his adult relatives were persecuted as a bloodline. Shame and public condemnation on the head of the one who, in a fit of revenge, killed an ailing old man or teenager. The sick and the insane were also not subject to revenge. Adat allowed an act of revenge to be carried out in any setting, in any situation. However, in some cases blood revenge was considered unworthy, humiliating for a man: the murder of an unarmed man, a blow or a shot in the back, the murder of a praying, sleeping person suffering from a temporary ailment until his recovery. According to our information, if the killer had grief, misfortune - a loved one died, a house burned down, etc., revenge was postponed for a while.

As already indicated, blood feud did not extend to women, and the woman did not act as an avenger. But there were also such villages in which, in the absence of adult men, women took revenge (the village of Rugudzha, Gunibsky region). However, a lot depended on her, since, in some cases promoting reconciliation with the bloodline and inciting hatred of the enemy in others, she influenced the actions of her father, brother, son, husband. Taking this into account, the tsarist administration suppressed the possibility of incitement ("gutI ban") to revenge. So, in 1869 the district court ruled to evict from the village. Kaya Ashtikulinsky naibstva a woman who incited her son to revenge.

Land disputes could lead to blood feud between the tukhums and even entire villages. This category of collisions has long been known in Nagorny Dagestan, suffering from land scarcity. The most frequent case of such clashes was disputes over the right to use pasture land and water. They often led to quarrels and fights, which in turn ended in wounds and murders, for which the adat instituted blood revenge. The appearance of a blood feud between the tukhums was often associated with willful murder or injury, as well as insult by word or deed. Theft with the intent of insulting or mutilating the plaintiff's horse or dog was also considered an insult that could only be washed off with the blood of the offender.

Any personal insult, even if it was caused by the need for self-defense, negligence or accident, was inflicted on a madman, even an animal, had blood feud as its consequence, and it was considered a shame to evade revenge, to allow the offender to ransom the threatening retribution. This was the position of the criminal law of the Caucasian highlanders in the ancient period.

Blood revenge was allowed between persons of the same class; for the murder of a slave, the guilty one paid only a fine. The right and duty to prosecute or come to terms with the murderer, as a rule, belonged to the next of kin of the murdered person. Reconciliation could take place no earlier than a year after the crime, and all this time the killer had to be in exile and hide from revenge. Blood feud was a duty and a matter of honor for all members of the victim's clan, there were times when it stopped - in case of non-reconciliation - only after the complete destruction of one of the warring clans.

In numerous works, studies of pre-revolutionary and Soviet historians, the custom of blood feud is reflected. Meanwhile, we have at our disposal only a few descriptions of cases of blood vengeance in Dagestan in Nagorny in the pre-reform era. Moreover, these are very atypical examples in which clashes between tukhums or jamaats sporadically continued for several generations and periodically flared up from the second half of the 19th to the 20th centuries. For example, in Dargin s. Kadar of Nagorno Dagestan, two tukhums were at enmity for about 200 years, from the 17th to the 60s of the 19th century. And as is known from the practice of the last century, usually the blood feud did not drag on for so long.

Traveled in the North Caucasus in 1781-1783. The quartermaster in the Russian service, Shteder, wrote about blood feud among the Ossetians: “Bloody revenge and unauthorized actions were obligatory among families; the shame and contempt continued until this duty was fulfilled. Vengeance, robbery and murder were considered virtues, as a result of which it was considered glorious to die. "

The custom of blood revenge is universal for societies that are at the stage of the tribal system or the preservation of its residual phenomena, as wrote about M.O. Kosven: “Concern for self-preservation forces the whole clan to stand up for protection, even if only one of the clan members was offended. Revenge becomes a duty, a matter of honor, a sacred duty. " The existence of this custom in the Caucasus, albeit in modified forms, speaks of the archaism and persistence of traditional social life among some mountain peoples of the North Caucasus. Gidatlin adats of the 15th-17th centuries and most other records of adat, made in late medieval Dagestan, set not talion, but the price of blood (diyat) as compensation for murder and injury or mortal insult (rape of a wife, adultery). Many agreements have survived between different communities on the unification of this fine.

With the independence of clan unions (see Tochum) and the absence of state power, disputes over insults inflicted by members of one clan on a member of another could not have other consequences, except for the lynching of clans. This lynching took a double form, depending on the nature of the offense itself. Property offenses, to which the highlanders include not only cases of failure to fulfill their obligations, but also crimes against property (theft), give rise to property arbitrariness.

The offended person himself or any of his family members has the right to resort to the violent seizure of the property of the offender or any of his family members. Such arbitrariness admitted by adat is known in the Western Caucasus under the name "Baranta", and in the East - "Ishkilia".

By personal grievances, the mountaineers understand such criminal acts in which the offended, according to their views, is not a private person, but his entire family (murder, mutilation, injury, insult to family morality). Such grievances entail blood vengeance. The latter was the responsibility of not only the next of kin-heirs, but also everyone who is part of the same clan group with them. The clan took revenge on the clan, the aul - the aul.

Later, under the influence of various cultural influences and, mainly, Shariah, and also because of the generally recognized need to put a limit to the unlimited blood revenge, which threatened the extermination of warring clans, the mountaineers retreated from the above view of blood feud. Instead of unlimited lynching of childbirth, the beginning of personal responsibility begins to break through. The area of ​​action of blood feud, extending to the entire family, begins to be limited to the closest relatives of the perpetrator and his victim. Only the latter are considered kanly, that is, subject to revenge, yet other relatives are responsible only with property. Instead of unlimited revenge, the doctrine of equality of retribution begins to penetrate into adat and that crime lies not so much in material harm caused to an individual, family or clan by one action or another, but in the evil will of the culprit.

With the penetration of the concept of intent into adat, the former universality of blood revenge had to be limited to cases of premeditated murders, mutilations and wounds.

At the same time, the view is established that murder and wounds with the necessary defense, the murder of a thief or robber at the moment he commits a criminal act, the murder of an adulterer caught on the spot do not give rise to retribution; that in the application of blood revenge to offenses a certain gradation must be established; that the amount of retribution is measured by the severity of the offense and that careless and accidental actions, no matter how significant the harm they have caused, are subject to retribution to a lesser extent than premeditated ones, and murders, wounds and mutilations caused by animals or inanimate objects, in the absence of guilt on their part owner, and not punishable at all.

With the adoption of the aforementioned principles by the adat, the popular view of dishonor, comprehending the one who did not wash off the grievance with blood, is replaced by a more humane doctrine of honor awaiting the one who forgives the bloodline under the condition of ransom, and even more so apart from him. Along with this, adat develops various ways to achieve reconciliation with the clan of the offended.

For different peoples of the Caucasus, criminal law is at different stages of development. In the Avar district of the Dagestan region, adat, while still allowing "flow and plunder," distinguishes between careless and accidental murder from intentional and requires blood revenge on the basis of a talion only for the latter. The closest to the ancient views is criminal law in the societies of the Gunibsky, Darginsky, Andean districts of the Dagestan region. There is no distinction here between willful and manslaughter; any personal insult causes unlimited blood revenge, the ruin of all the property of the guilty person, his family and his clan, and the expulsion from the aul not only of the murderer, but of his entire family.

In most areas of Nagorny Dagestan with a strong independent community, the latter established a system of compositions for blood feud, which here mainly protected the rights of free community members (uzdene). To prevent the mutual extermination of whole tukhums, it was decided to expel the killer (and in some areas and his closest relatives) far beyond the community's possessions. Several dozen villages of Dagestan were founded by the tukhums of the bloodlines who fled from blood vengeance. In Andi you can find the names of people from the Tsudakhar and Akushinsky "free societies", and in Gidatl. Akushe, Tsudahare - Andean surnames, etc.

In Gidatl, in order to reconcile the warring families, old people from all 6 villages that made up the Gidatl "free society" gathered and arranged reconciliation. The position of a bloodline and a simple traveler among the highlanders was regulated by the custom of hospitality, which was widespread among almost all Muslim and Christian peoples of the region.

The murderer's natural death or his arrest by the administrative authorities did not stop revenge.

In the first case, they took revenge on the closest relative of the perpetrator (father, brother, son, uncle, etc.), and in the second, the bloodline was persecuted after serving an administrative sentence.

It happened that two families had the same bloodline. The murder of the latter was considered an implementation of revenge of both groups of relatives, if before that, in front of witnesses, they entered into an agreement on the principle "our enemy is your enemy." Without this, the murder of the bloodline of one of the parties did not give satisfaction to the other. After such an agreement and the implementation of the act, the relationship became close and friendly, and such friendship was considered honorable.

In Nagorny Dagestan, similar relations were sometimes established between khanates and "free societies." No wonder in Botlikh, Godoberin, Chamalinsky and a number of other Andean languages ​​the word "Avars" (subjects of the Avar Khanate) became synonymous with "guest, kunak".

The reconciliation ceremony was as follows. Members of the warring surnames stood in two rows, at some distance opposite each other. Among them stood the honorable old men of neutral surnames. One of the most respected old men read a prayer, then made a speech, beckoning to end the enmity forever. After that, the world was declared restored, and a meal was arranged. In some communities, the expense of the food was borne by neutral families who organized reconciliation. Reconciliation was sometimes accompanied by the payment of some compensation by the guilty party to the affected family; but this was done behind the scenes, so as not to say that the victims made it up for selfish motives, bribed with money or property. After reconciliation, the bloodlines were called "blood brothers" (avar, bidul vats1al).

As you can see, a significant number of conflicts in traditional mountain societies were caused by the stereotype of behavior and mental characteristics of the highlanders, on the basis of which the blood feud took place. The highlanders treasured honor, dignity and reputation, both their own and the tukhum, along with life, the encroachment on which was fraught with conflicts. In this regard, weapons for the highlanders were a factor of conflict potential, the presence of which in large quantities kept the whole society in psychological stress.

Often in the mountains there were cases when the object of the potential for conflict was a woman, the infringement of her honor touched every member of the tukhum and aroused the tukhum solidarity. With this in mind, Sharia and adat strictly regulated social relations associated with women, including divorce proceedings. The mentality of the highlanders, based on strict morality, provided for the moral purity of tukhum and jamaat through ostracism of an immoral representative or his physical elimination.

Ethics and culture of behavior in society based on moral and ethical prescriptions, which contributed to ensuring dynamic stability in jamaats, played a significant role in the regulation of public relations, including for the prevention of conflicts. Along with moral precepts, adat and sharia correlated in the regulation of social relations and the resolution of social conflicts. At the same time, the problems of self-government in jamaats and the regulation of public life in the community were the prerogative of the norms of customary law - adats.

Acute social conflicts based on killings and injuries in traditional mountain societies were widespread, and their presence provided for effective forms and methods of their prevention and resolution. The most perfect form of resolving acute social conflicts from the point of view of social adequacy and effective from the point of view of conformity to the mentality of the mountaineers was maslaat. Being an original form of conflict resolution among the peoples of Dagestan, maslaat was transformed along with social relations and acquired its complete form by the middle of the 19th century, after which, under the influence of Russian orders and laws, the urgency of the maslaat form of conflict resolution is slowly but steadily declining.

Reviewers:

Magomedov N.A., Doctor of Historical Sciences, Professor, Head of the Department of Ancient and Medieval History of Dagestan, Dagestan Scientific Center of the Russian Academy of Sciences, IHAE, Makhachkala;

Kidirniyazov D.S., Doctor of Historical Sciences, Professor, Leading Researcher of the Department of Ancient and Medieval History of Dagestan, DSC RAS ​​IIAE, Makhachkala.

Bibliographic reference

Musaeva A.G. REGULAR BLOOD PLACE IN DAGESTAN // Modern problems of science and education. - 2015. - No. 1-1 .;
URL: http://science-education.ru/ru/article/view?id=17879 (date of access: 05.03.2019). We bring to your attention the journals published by the "Academy of Natural Sciences"