Types of marriage and marriage contract in traditional kazakh society and the issue of khitba in Islamic law

Аңдатпа

This overview examines the diversity of marriage types in traditional Kazakh society, emphasizing their legal, social, and cultural dimensions. It focuses on how marriage functioned not only as a personal union but also as a legally and socially regulated institution deeply influenced by customary law and Islamic principles. The study highlights the decisive role of parents and extended family in pre-marital arrangements, demonstrating how collective interests often prevailed over individual choice. Particular attention is given to the conditions and motivations behind different marriage forms, including their legal consequences for all parties involved. The analysis underscores the family’s responsibility in resolving social issues, maintaining moral order, and ensuring compliance with established norms. A comparative approach is applied to evaluate the consistency and divergence between traditional Kazakh marriage practices and Sharia law, revealing both harmonization and adaptation within local customs. Additionally, the overview explores the concept of divination and spoken declarations in marriage, stressing that in traditional Kazakh society, verbal acts carried contractual and legal authority beyond simple agreement or collusion. By comparing khitbah in Muslim law with Kazakh customary practices, the study provides a nuanced understanding of how speech, intention, and legal recognition shaped marital relations. Overall, the analysis offers a comprehensive perspective on the intersection of law, tradition, and religion in Kazakh marital institutions. The study talks about practices in traditional Kazakh society. And ethnographic scholars refer to the traditional Kazakh society as the period up to the October Revolution at the beginning of the ХХ th century. However, practices in traditional society may, in some cases, continue even after that, and even up to today.

Keywords: customs, muslim law, marriage, family, tradition, dowry