Wardship and Guardianship of Bashkirs in the 1840s - Early 20th Century

Abstract

The article discusses the development of the institution of wardship and guardianship over children-orphans of Bashkirs in the 1840s - the beginning of 20th century. The aim of the study is to show the legal basis and the process of establishing guardianship of a minor orphan in Bashkir-Meshcheryak army, their implementation in the canton and post-reform periods. The article thoroughly analyzed the legislative framework for the introductionof wardship and guardianship: the decree of 1843, a circular of the Governor-General dates 1858, the articles about Bashkirs of 1863 with changes in 1865, a number of articles of the 1858 circular since it was contrary to the Sharia law. It is noteworthy that these documents do not specify the role of a Muslim judge in the appointment of a guardian, since the procedure usually was a part of the duties of the Yurt foreman. Using various examples, the study shows guardians and trustees were under the strict control of the authorities. The audits of guardianship reports provides statistical data demonstrating the growth of the number of Bashkirs under wardship during the cantonal period of management. Based on the archival cases on the sale of property of orphans by guardians the article considers the development of wardship and guardianship. The archival findings demonstrate that in the case of wardship and guardianship of Bashkirs in the post-reform period, the all-Russian legislation had been applying primarily. The analysis of the above-mentioned sources leads to the following conclusion: initially the development of wardship and guardianship among Bashkirs was dominated by all-Russian laws, taking into account only some rules of the Sharia and customary law.