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

Kuat Imanbayev, Zhangali Baktykhozhaev, Nazira Askarbekkyzy, Serik Baltabayevich Kosherbayev, Nurtas Т. Abdimomynov

2015

Data confidence 70 medium

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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.