Архетипы традиционной культуры в XXI веке

Abstract

The article deals with the archetypes of traditional nomadic culture in Kazakhstan that were abolished in the Soviet period as remnants of the tribal system. However, polygamy and abduction of women in order to force them into marriage occur quite often nowadays. The author examined the transformation of the legal status of women in Kazakhstan in the XX – early XXI centuries. The research focused on the Soviet transformations of traditional family and marriage institutions in Kazakhstan, which were caused by the radical change in social relations, state power, and nomadic lifestyle. The author analyzed criminal statistics on offenses against the rights and freedoms of women and compared the current situation with abductions of women and polygamy in neighboring post-Soviet states. The research objective was to find out the motives behind the revival of the archetypes of traditional culture, as well as the latency of committed offenses related to the use of Kazakh customary law and Sharia. The methodology was based on legal comparative studies, i.e., diachronization and synchronization of legal phenomena and processes. The diachronic method made it possible to compare the traditions of bride kidnapping and polygamy in Kazakhstan in different historical periods. The legal-dogmatic method was used to analyze the customs, norms of Islam, pre-revolutionary imperial law, Soviet and post-Soviet legislation, etc.