The Emergence of Marriage Contracts and Religious Norms within Kazakh Customary Law

Abstract

This article examines family and marriage formation within the customary laws of traditional Kazakh society and the influence of religious norms. It analyzes the meaning and purpose of marriage from the perspectives of customary law and Islamic law (Sharia). The article details Kazakh marriage customs and characteristics, comparing their influence with that of Sharia law. It further analyzes the conditions for concluding a marriage agreement, including validity, entry into force, legal consequences, and the legal aspects of ancillary contracts. A comparative analysis of the roles of parents and authorized persons in the marriage contract is also provided. The article argues that the enduring importance of marriage and family formation - a crucial issue for contemporary society - rests on the parties’ understanding of the significance and responsibility inherent in marital commitment. It asserts that the family's stability is directly linked to the stability of society, the state, and future generations. While revitalizing family values - particularly those based on mutual respect and humanity that extend beyond legal regulations – remains a critical challenge for both developed and developing nations, the article suggests that understanding traditional Kazakh practices and religious norms can contribute to addressing contemporary family and legal issues.

Keywords: tradition, customs, sharia, family, marriage.