Relationship between Religion and Customs Law in Traditional Kazakh Society

Abstract

The article focuses on the relationship between the laws of religion and custom in traditional Kazakh society and the role and importance of oratory in the Kazakh judiciary. The legal system in the Kazakh steppes, the level of implementation of Sharia and its impact on the judiciary, the implementation of the Kazakh "rules of the road" and the peculiarities of the judiciary are also discussed. A comparative analysis of the Kazakh judiciary and the judiciary in Muslim law is made. The comparative analysis is carried out in terms of the order and rules of work of the Kazakh people in the process of the settlement and the solution of the problem of such actions in the laws of peace, appeal, satisfactory ways and Sharia law as kadai, rizai, suly, tahkiy. The rules concerning the appointment of the royal authority and the caliph are compared, and the religious authority and the caliphate are compared with some of the rules of custom and law, such as the feast of religious or customary rules, crime and its punishment. One of the main sources of Kazakh law in the so-called Golden Age of Kazakh history, Tauke Khan, who drafted the law "Seven Charters" and similar legislators, compared them with Western scholars such as "Solon", "Lycurgus" and called them Solon and Lycurgus of the steppe. The legal system based on nomadic life and tribes is politically motivated by the political life of the inhabitants. There are fewer patterns that change from year to year or from time to time. This is evidenced by the fact that the norms and rules are the same everywhere and at all times, regardless of the distance of the territory of the Kazakh steppe for many years. Keywords: Tradition, Customs, Sharia, Court of Judges, Caliph.