ISLAMIC LAW AND ELDER CARE IN THE CENTRAL ASIAN EDGEN SYSTEM

Abstract

AbstractThere is no uniform Islamic law of elder care. Instead, the Qur’ān and Hadith, the fundamental building blocks of Islamic law, create general obligations to support aged parents that each Islamic society must specifically produce in practice. Before Islam swept Central Asia, nomads developed an elder-care tradition that thrives to this day in the former Soviet States of Kazakhstan (population 17 million), Kyrgyzstan (5.7 million), Tajikistan (8 million), Turkmenistan (5.2 million), and Uzbekistan (30 million). In many instances, Islamic law inclines toward adopting local customs and traditions so long as these practices do not conflict with fundamental Islamic law principles. Islamic law's openness to local influence is stymied in the Central Asian example because the edgen system that undergirds Central Asian elder care directly conflicts with the Islamic law of inheritance allotments. This article explains the edgen system and how it conflicts with Islamic law. A prominent contemporary Central Asian Islamic scholar's legal opinions illustrate a device in Islamic law called ḥiylah, or a legal ruse. Through this ruse, Central Asian families are able to maintain traditional elder care practices while also complying with Islamic law. Nevertheless, as the article concludes, the Central Asian elder-care system is based on unpaid female labor and female disinheritance. Female inheritance is a central feature of Islamic law. Yet, the edgen tradition puts women at a disadvantage in terms of labor and inheritance that Islamic law seeks to avoid.