ჩვეულებითი სამართალი და შარიათი ვაინახი და დაღესტნელი ხალხების ისტორიაში

In the paper of Sulkhan Bordzikashvili – “Customary Law and Sharia in the History of Vainakh and Dagestani Nations(XIX C)” – is reviewed an interrelationship of the Customary Law and Sharia of Vainakh and Dagestani people in terms of everyday life, until the end of XIX century, when Caucasus was finally conquered by Russia.
Within the given frame, the author shows the Customary Law comparing with Sharia, as one of the main reason of enfeeblement of this nation, although the customary law in Chechnya and Dagestan was much more approval and understandable. The discussed issue in the work of spreading Islam in Caucasia and establishing Sharia law within the Caucasion nations, is analyzed as a major fact of uniting Chechen and Dagestani people against Russian Empire.
In the work, Shamil’s Imamate is shown as from the theocratic point, as well national one. The author represents the Nizams adopted by the national institutes of Shamil’s Imamate and indicates the existed socio-economic preconditions in the society of forming them. Some specific Nizams are compared with Sharia laws and are shown the common and distinctive peculiarities of them. In the paper is analyzed the state juridical policy of Russian Empire in Caucasus in the 70-80ss of XIX century.
Here, analyzing the policy of Tsarism for confronting the Customary Law and Sharia, and weakening their influence in the society and accordingly, establishing the imperial political power is noteworthy.