Constrained parties of norms of the ancient-kazakh customs with an islamic right

Abstract

This scientific article discusses the theoretical and practical aspects of the manifestation of direct and indirect similarities between Kazakh customs in the set of laws of the Jeti Zharga Tauke Khan with the legal norms of Islam through the application of historical, comparative and hermeneutic methods. And also discusses the processes of interaction of Islamic law with Kazakh customs. A number of dissertations and scientific articles have been written on this subject. However, many of them are aimed at comparing customs and traditions that are not connected in the old and modern Kazakh literature with the hadiths of the prophet Muhammad and other values of Islam and are not religious and social studies. This article refers to religious legal research, since it focuses on the study of the relationship of traditions and classical Islamic law in the Kazakh steppes of the 17th century. Sharia norms are considered as the source of many traditions of the Kazakh society. The values of Kazakh traditions and the custom of synthesizing with Islamic law and the improvement on this basis of spiritual, social, legal and moral relations, as well as their role in improving social and family institutions, are also described.

Key words: ceremonies, charter, law, traditions, hadith, crimes, jurisprudence.