ISLAMIC INHERITANCE NORMS IN THE KAZAKH STEPPE AND THE JUDICIAL PRACTICE OF THE BIYS: ISLAMIC INHERITANCE NORMS IN THE KAZAKH STEPPE AND THE JUDICIAL PRACTICE OF THE BIYS

Abstract

Abstract. This article offers an in-depth examination of the historical development of the inheritance institution in the Kazakh Steppe, focusing on its interaction with Islamic inheritance law and its reflection in the judicial practice of the biy courts. The study begins with an outline of the fundamental principles of Islamic succession as established in the Qur’an and Sunnah, including fixed heir shares, the affirmation of women’s and children’s rights to inheritance, limitations on bequests, and strong emphasis on protecting widows and orphans. It then provides a comparative analysis of the customary Kazakh system of inheritance, which evolved within a nomadic socio-economic structure: the special role of the youngest son as the keeper of the ancestral home, the treatment of daughters’ dowries, the function of levirate marriage (amengerlik), and mechanisms for preserving clan property. Particular attention is given to the cases in which biy courts applied Sharī‘a principles when resolving inheritance disputes, adapting them to local traditions. The findings demonstrate that Islamic law and Kazakh customary practices did not conflict fundamentally; rather, they formed a complementary legal synthesis that reinforced societal values such as justice, kinship cohesion, and communal responsibility. The study provides valuable insight into the evolution of Kazakhstan’s legal culture.

Keywords: Islamic inheritance law, customary law (adat), biy courts, inheritance institution, Kazakh society, Sharī‘a norms, Zheti Zhargy, rights of widows and orphans, inheritance