The Judicial System of Kazakh Beys in Central Asia: Shari'a and Customary Law

This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal pluralism. Comparative insights with Ottoman, Mughal, and West African legal systems further illuminate the distinctiveness of Kazakh jurisprudence. This study contributes to understanding the flexibility of Islamic law in frontier societies and the epistemological and moral foundations of non-centralized judicial authority.

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Publication Details

Journal
Occasional Papers on Religion in Eastern Europe
Published
2025-01-01
DOI
https://doi.org/10.55221/2693-2229.2693
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
0.00
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article

The Judicial System of Kazakh Beys in Central Asia: Shari'a and Customary Law

Alau Adilbayev, Yerzhan Kalmakhan, Dinmuhammad Smanov, Rakhimov Abdukhalik
Occasional Papers on Religion in Eastern Europe
Islamic Studies and History
article

The Judicial System of Kazakh Beys in Central Asia: Shari'a and Customary Law

Alau Adilbayev, Yerzhan Kalmakhan, Dinmuhammad Smanov, Rakhimov Abdukhalik
article en

Abstract

This study examines the judicial practices of Kazakh beys in 18th–19th century Central Asia, emphasizing their application of Islamic fiqh alongside traditional Kazakh customary law (adat). In a decentralized and nomadic society, beys acted as hybrid legal authorities, integrating Shari’a principles – such as ‘adl (justice), maslaha (public interest), and ijtihad (independent reasoning) with local customs to resolve disputes over property, family matters, and blood feuds. Through historical-legal analysis of oral traditions, archival documents, and ethnographic accounts, the research demonstrates how beys preserved Islamic legal norms while adapting them to practical realities, creating a dynamic model of legal pluralism. Comparative insights with Ottoman, Mughal, and West African legal systems further illuminate the distinctiveness of Kazakh jurisprudence. This study contributes to understanding the flexibility of Islamic law in frontier societies and the epistemological and moral foundations of non-centralized judicial authority.

Occasional Papers on Religion in Eastern EuropeVol. 45(9)
Openalex Percentile: Top 63%
Islamic Studies and History
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The Judicial System of Kazakh Beys in Central Asia: Shari'a and Customary Law — Alau Adilbayev, Yerzhan Kalmakhan, et al. · Occasional Papers on Religion in Eastern Europe (2025) | TGRS Research Map | TGRS