清代天山南路穆斯林社会民事纠纷的审理——以色提巴尔第家人遗产纠纷案为中心

On Trial of Civil Disputes in Muslin Society in South Road of Tianshan(天山南路) during the Qing Dynasty:Based on the Case of Inheritance Dispute among Sayit Bart Family

色提巴尔第是清代维吾尔族著名人物,因功晋封贝子品级辅国公。色提巴尔第死后,嘉庆二十三年(1818),其家人因财产继承与分配问题产生纷争,争执双方对簿公堂,引起清廷的重视。清代档案中留下有关这一案件的材料,对于研究清代天山南路穆斯林社会民事纠纷,特别是遗产分配的原则、纠纷处理的方法与程序等,提供了重要的依据。本文依据档案材料并结合清代地方文献,对该案件审理过程及相关问题进行研究,论述清代天山南路地区穆斯林社会的婚姻家庭伦理、财产关系及民事纠纷的调处,对穆斯林习惯法与大清律的关系也作了探讨。

Sayit Bart was a famous figure in Uighur Society,and for his service he was given the title of Fuguogong(辅国公) with the rank of Beizi(贝子) by the Qing court.After he died,there arose a dispute among his family members on how to inherit his property in the thirteenth year of Jiaqing(嘉庆) period.Because this case was brought to the Qing officials,then it caught the attention of the Qing court,so left the official achieves concerning this case,which provides as an important material to research the law in muslin society in Xinjiang during that time,like the inheritance principles,disputes solving procedure.Based on the archives and other historical materials,this paper gives a detailed research on every aspect of this case,as well as the ethics in marriage and family,property relationship in local muslin society and relations between muslin customary law and the law of the Qing Dynasty.