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Abstract

Waqf documents constitute one of the most significant types of legal documents. This paper presents a comprehensive analysis of a late eighteenth century scroll of waqf documents from the Bukharan Emirate during the reign of the Manghit ruler Amīr Shāhmurād (1785–1800). The principal source base for the study is a scroll containing thirty waqf documents preserved in the National Archive of Uzbekistan.

During the reign of Amīr Shāhmurād, numerous of endowments were restored, while new awqāf were established on a considerable scale, representing as a distinctive historical phenomenon of the period. This development reflected the ruler’s religious convictions, his legal responsibilities, and his adherence to the norms of Islam and Sharia law, while also serving political, economic, and administrative objectives. The practice may be regarded as a state-implemented project. In particular, the assembly of documents into a single scroll and their arrangement according to a defined order gave rise to a distinctive form of “record management” (archiving). As in other waqf scrolls, the upper section of the examined bundle records the names of the religious and educational institutions for which the awqāf were established, thereby supporting this interpretation.

The study further applies two methodological approaches to the analysis of legal documents identified by Thomas Welsford: “evocative reading” and “antiphonal reading”.

Within the framework of “evocative reading,” the analysis focuses on reconstructing the possible purposes of the text, including the intentions and motivations of the actors involved, within their historical context. The compilation of waqf documents into a single scroll is interpreted as a strategic instrument for consolidating property and legal claims on behalf of specific individuals or institutions, facilitating stronger control over waqf assets and greater stability in property relations.

The method of “antiphonal reading,” in turn, made it possible to interpret the text of the document not solely from the perspective of the environment in which it was produced, but rather within the broader context of socio-political processes. The analysis of social strata, waqf subjects and their dynamics, property types and volumes, revenue distribution, and seals illuminates the character of socio-economic relations reflected in the documents. Variations in the size of endowed land properties indicate the participation of diverse social groups in the endowment process, while the exclusive presence of Amīr Shāhmurād’s seal suggests the existence of a formal mechanism for supervising waqf estates.