This article discusses the mechanism of formation, features of the legal and fiscal status of some categories of land milka/mulka in the Khanate of Khiva in the XIX-early XX centuries. The article examines the question of the existence of unconditional private land ownership mulk-l khali in the Khiva Khanate during the period under study. The article covers the discussion of Khiva historiography about the lands "atai-mulk" and "yarlykli-mulk", issues of legal and fiscal status of these forms of land ownership. The idea of "yarlykli-mulk" lands, formed by Russian authors at the beginning of the XX century and which had a noticeable impact on the discourse on land ownership forms in Khorezm, was largely the result of erroneous interpretation of information documents, mixing of various legal and fiscal practices (for example, land ownership rights and granting tax privileges) and, probably,the use of the term "yarlykli-mulk". terminological negligence.
Keywords: Khorezm, Khiva Khanate, land ownership, mulk, tax registers, tax privileges.
The issues of land ownership and the ways of its evolution in the Central Asian khanates remain complex and controversial to this day. Among the main factors that determine the complexity of their study, the following can be distinguished::
- the relative diversity of forms and ways of evolution of land ownership in different parts of the region, due to the specifics of socio-economic processes, different dynamics of central government participation in the distribution of land and water resources, the peculiarities of existing traditions of legal concepts and legal practices, etc.;
- not fully adequate reflection in the Muslim act materials of existing legal practices of land ownership and their evolution, as well as differences between theory and practice;
- noticeable, in some cases dominant, influence of discourses on the issues of theory and practice of land ownership formed by the Russian administration in the region on subsequent ...
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