试论宗教变迁对习惯法的影响——以维吾尔族婚姻习惯法为例

Influences of Religion Changes on Unwritten Law of Marriage of Uyghur People

维吾尔族曾经信仰过萨满教、景教、袄教(拜火教)、佛教和伊斯兰教等,这些宗教在变迁过程中对维吾尔族婚姻习惯法有着不同程度的影响。影响最大的则是伊斯兰教,它也是当今维吾尔族全民信仰的宗教。但是在维吾尔族婚姻习惯法中不乏有大量萨满教等原始宗教习俗的遗存。在宗教变迁的过程中,诸多因素的影响使得现今的维吾尔族婚姻习惯法更趋于完整与规范,渊源与形式更加多样与复杂,并加深了其独特性与民族性。因而对新疆维吾尔族婚姻习惯法的研究可以类推出宗教变迁对于习惯法所产生的类似影响。

It is well-known that Xinjiang has been inhabited by many ethnic groups believing in various religions since ancient times. Under such a circumstance, it is fairly significant that the historical development and changes of religions have profound influences on the unwritten law. Taking Uyghur as an example, Uyghur ancestors had believed in Shamanism, Nestofianism, Zoroastrianism, Buddhism and Islam. The changes of these religions in history had affected the Uyghur＇ s marriage custom in different degrees. Evidently, the Uyghur＇ s Unwritten Law of Marriage that has been influenced most profoundly is by the Islam religion, which is believed by all the Uyghur people currently. However, there are still tons of remains of the habits about the marriage in Uyghur＇ s unwritten law from prehistoric religions such as Shamanism. Due to various factors including historical changes and development of the religions, the current Uyghur＇ s unwritten law of marriage has evolved more completely including a series of rules and principles. Moreover, its sources and forms have been more complicated, which has unconsciously improved Uyghur＇ s uniqueness and ethnic traits. Thus we could be able to analogize how the changes and development of religions influence the unwritten law in a larger scale.