Islamic Obligation in Kazakh Customary Law (For Example, the Institution of Family and Marriage)

Kuat Imanbayev,Serik Kosherbayev,Nurtas Abdimomynov,Nazira Askarbekkyzy,Zhangali Baktykhozhaev

doi:10.5539/ass.v11n26p121

Abstract

This article reveals the impact of Sharia law in customary (consuetudinary) law of Kazakh people, which formed the basis for regulations of social and legal relations in Kazakh society in XV-XVIII centuries, including the place and role of Islamic obligations of the institution of marriage and family. After accepting Islam in the Middle Ages, Kazakh people were not fully adopted all the rules of Sharia, but retained its obligations in their consuetudinary law. This influence particularly affected the institution of family and marriage. Islamic obligations formed the basis of many traditions and regulations that were set by this institution. The purpose of this article is to identify and analyze the mechanisms of the Islamic obligations in consuetudinary law of Kazakh people in XV-XVIII centuries, particularly in the institution of family and marriage. In this regard, authors tried to form an objective view, through a systematic analysis of the place and role of Islam in the institution of the family and marriage in consuetudinary law of Kazakh people.

Highlights

This article reveals the impact of Sharia law in customary law of Kazakh people, which formed the basis for regulations of social and legal relations in Kazakh society in XV-XVIII centuries, including the place and role of Islamic obligations of the institution of marriage and family
For centuries (XV-XVIII), the consuetudinary law dominated in the traditional Kazakh society, which was the law that contained a set of legal customs, sanctioned and guaranteed by the state authorities, in order to preserve existing social relations
In traditional Kazakh society, Islam was adopted in the middle Ages and the rules of Sharia have not been fully accepted as law

Summary

Introduction

For centuries (XV-XVIII), the consuetudinary law dominated in the traditional Kazakh society, which was the law that contained a set of legal customs, sanctioned and guaranteed by the state authorities, in order to preserve existing social relations. Despite the fact that the laws of Sharia played a pivotal role in the establishment of the customs and traditions, it will be a mistake to believe that the laws of Sharia were used wherever Islam was spread The process of their integration into customs, traditions and beliefs was very long and complicated, because it was based on the natural geographic features and socio-economic relations that existed at that time.

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Conclusion