Statutory and Customary Law in Governing Marriage and Divorce among Pagan Populations in the Ufa Province from the Mid-19th to the Early 20th Century

Introduction. In the contemporary context, characterized by a crisis of the institutions of family and marriage, there has been a corresponding intensification of legal governance concerning matrimony and dissolution. This trend has spurred growing scholarly interest in the historical regulation of familial and marital relations by the Russian state in previous centuries, including its application among diverse ethno-confessional populations. Within this framework, an examination of the regulation of marital and divorce proceedings among the pagan communities of the Ufa province during the post-reform period is of considerable significance. Such an investigation offers critical insights not only into the evolution of domestic legislation and local pagan matrimonial customs but also helps to elucidate the distinctive features of the integration process of certain Finno-Ugric peoples into the imperial state structure. The aim of this study is to examine the regulation of marriage and divorce among the pagan population of the Ufa province (before 1865, the Orenburg province) through both imperial Russian legislation and customary law during the late imperial period (second half of the 19th and early 20th centuries). Materials and Methods. This article is based on previously unpublished documents from central and local institutions, specifically, the Department of Spiritual Affairs of Foreign Faiths of the Ministry of Internal Affairs, the Office of the Governor-General, and the Provincial Administration, which are being introduced into scholarly discourse for the first time. The research also draws upon the Code of Laws of the Russian Empire and the Complete Collection of Laws of the Russian Empire. The study employs research methods such as the historical-genetic, historical-legal, and chronological approaches, which have made it possible to demonstrate the dynamics of the legislative regulation of marriages and divorces among pagans in the Ufa province from the second half of the 19th to the early 20th century, as well as the changes that occurred in the customary legal practices of this sphere. The comparative-historical method was used to illustrate the differences between the status of pagans and that of other confessions. Results and Discussion. The predominant role of customary law norms in regulating marriage and divorce among pagans has been identified. From a legislative standpoint, the marital and family relations of pagans in the Ufa Province during the post-reform period were regulated relatively weakly: only the age for entering a first marriage for young men and women was subject to regulation. The incorporation of pagans into the Bashkir Host in 1855 implied strict control over their family life. In particular, it was the military command during the cantonal period of administration (1855–1865) that granted permission for divorce. This period also marked the beginning of the transition to legal regulation of marital and family relations among the local pagans. During the post-reform period, divorces, by order of the Governor-General, were to be decided at a village assembly. In practice, decisions on divorce, with the consent of both parties, were made by a council of elders; in the absence of such consent, the matter was resolved by the village assembly. In legal terms, until 1917, the marriages and divorces of pagans in the Ufa Province remained unregulated by statute: matrimony and divorce proceedings were primarily governed not by laws, but by local by-laws, which often contradicted official law. State intervention in the sphere of marital and family relations remained minimal. Conclusion. The author’s conclusions provide a more profound insight into the politico-legal status of pagans in the Ufa Governorate within the Russian Empire from the mid-19th to the early 20th century, revealing the dynamics of legislation and customary legal practices in the sphere of family and marital relations among the local pagan population. The obtained results contribute to the further study of policy regarding family and marriage among the Finno-Ugric peoples of the region and the country.