晚清吐鲁番地区婚姻纠纷与冲突研究

发布时间：2018-08-04 08:57

【摘要】：婚姻是人类社会最为重要的社会关系之一。同治三年(1864)回乱,吐鲁番也遭受战祸。光绪三年(1877)年清军收复吐鲁番,当地生产与社会秩序逐渐恢复,人口逐渐增长,而婚姻纠纷与冲突案件也随之增多。吐鲁番地区汉、缠、回各族均有着不同的婚姻风俗,但从清代法律来看,政府保护的是凭媒定娶、当事双方立写婚书和收受聘礼的婚姻关系,这在当地各族婚姻纠纷处理中,都是适用的。本文通过对大量档案资料的分析研究,得到以下几点共识:第一,婚姻纠纷与冲突伴随着一段婚姻关系的始终,从婚姻关系的缔结、到夫妻双方结婚,及休妻与离异过程中,矛盾是普遍存在的,而汉、缠、回各民族在此则表现出一定的差异性。第二,在婚姻缔结过程中,围绕是否许亲、主婚权、财礼银等问题,当事双方发生一系列纠纷。夫妻冲突,多表现为日常生活琐事引发的殴妻、杀妻案件,岳父母同女婿之间的冲突,多与夫妻冲突有关。赘婿同岳父母之间的矛盾,多与养老和财产继承有关。关于缠回婚姻中的休妻与离异问题,伊斯兰教法中有很多相关规定。在民间调解中,也常按照其中规定来处理。但在有关刑事案件中,吐鲁番厅的判决以《大清律例》作为主要参考。第三,晚清吐鲁番地区存在着一定数量的民族通婚现象,其中以汉男娶缠女和回男娶缠女较多。在民族通婚过程当中,双方由于宗教、文化差异经常发生冲突。民族通婚受到当地人口、民族与社会政治局面的影响。第四,在晚清吐鲁番地区,婚姻纠纷案件有民间调解与上控官府两类方式,一般民事案件,吐鲁番同知多交由地方首领调查处理,但销案权掌握在同知手中.如果调处失败,或者是刑事案件,官府会传集有关人等当堂审讯。不同民族之间的通婚、互控,各民族的地方首领参与纠纷调解,不仅体现出晚清吐鲁番地区婚姻的特点,也反映出当地各族之间交往日渐频繁的事实。
[Abstract]:Marriage is one of the most important social relations in human society. Tongzhi three years (1864) back to chaos, Turpan also suffered the scourge of war. In Guang Xu three years (1877), the Qing army recovered Turpan, the local production and social order gradually restored, the population gradually increased, and the cases of marriage disputes and conflicts also increased. In the Turpan region, all ethnic groups have different marriage customs, but according to the laws of the Qing Dynasty, the government protects the marriage relations between the two parties by means of marriage by means of media, and the two parties write marriage letters and receive dowry gifts. This is in the handling of marriage disputes among the local ethnic groups. They all apply. Based on the analysis and study of a large number of archival materials, this paper obtains the following points of consensus: first, marital disputes and conflicts are accompanied by a marriage relationship, from the conclusion of marriage to the marriage between husband and wife, as well as the process of divorce and divorce. Contradictions are common, and the Han, entangled, Hui ethnic groups here show certain differences. Second, in the process of marriage, there are a series of disputes between the two parties. The conflicts between husband and wife are mainly caused by the daily life trifles such as wife-affray, wife-killing cases, conflicts between mother-in-law and son-in-law, and most of them are related to the conflicts between husband and wife. The contradiction between son-in-law and her-in-law parents is related to pension and inheritance. There are many provisions in sharia law about divorce and repudiation. In folk mediation, also often according to the provisions to deal with. However, in the relevant criminal cases, Turpan Hall's judgment took the Qing Dynasty as the main reference. Third, there are a certain number of ethnic intermarriage in Turpan in the late Qing Dynasty, in which Han men marry women and Hui men marry girls. In the process of intermarriage, the two sides often clash because of religious and cultural differences. Ethnic intermarriage is affected by the local population, ethnic and socio-political situation. Fourth, in Turpan area of late Qing Dynasty, marriage dispute cases had two kinds of ways: folk mediation and superior prosecution. In general civil cases, Turpan's knowledge was mostly investigated by local leaders, but the right to cancel cases was in the hands of the same officials. If mediation fails, or is a criminal case, the government will gather relevant people and other hearings. The intermarriage and mutual control among different ethnic groups and the participation of local leaders in dispute mediation not only reflected the characteristics of marriage in Turpan in the late Qing Dynasty, but also reflected the fact that exchanges between local ethnic groups were becoming more and more frequent.
【学位授予单位】：新疆师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：K252

【相似文献】