MOSLEM LAW AND INTERSTATE WATER RESOURCES MANAGEMENT IN CENTRAL ASIA  Fulltext 

[ Rysbekov Yusup ] - Dr. Yusup Khaidarovich Rysbekov, Director Assistant Scientific-Information Center of Interstate Coordination Water Commission (SIC ICWC) of Central Asia 11, Karasu-4, Tashkent, 700187, Republic of Uzbekistan.

خلاصه مقاله:

Moslem Law (ML) started establishing on territory of Central Asia (CA) in the end of VII c. Proliferation of Islam in arid climate zones determined specific character of ML. The majority of ML norms are imperative and conditioned by its public nature as well as orientation at satisfying common interests. Analysis shows that many ML norms can be implemented in the water legislation, in particular: - “If water distribution was made through sluices (gateways), but someone wants to distribute water by days, the previous order of distribution must remain in force”;
- “If the owner of the river’s top part can use water only through the sluice’s closing, he can close a sluice only in time of his turn and at the consent of others…”; - If someone has the right for use of a certain amount of water in different time, then he cannot use all water at one time, as at consent of other co-owners”; etc. But main, there is the norm, which should be “restored in its rights”. This ML norm says: “If some of the owners cannot make use of the river other than putting a barrage across it and co-owners reach the agreement between themselves, then the turn to withdraw water for irrigation must start from downstream and proceed upstream…” This provision may be accepted as the key principle of water management in CA and it would facilitate observance of water discipline by upstream water users.