Islamic Marriage in Kazakhstan and Uzbekistan:

A Comparative Study of Legal Framework

Aziza Marasulova

Rakhmanov Abdumukhtor Rejjabbaevich

 

Abstract: This article presents a comparative study of the legal regulation of Islamic marriage in Kazakhstan and Uzbekistan, exploring the historical and contemporary evolution of marriage practices within national legal frameworks. It begins with examining the Pre-Soviet Era, highlighting the role of Islamic jurisprudence in shaping marriage traditions, including kalym (bridewealth) and mahr (a marital gift from husband to wife), integral to Kazakh and Uzbek customs. During the Soviet period, both countries saw the suppression of religious norms, leading to secular marriage laws that marginalised Islamic practices. After independence, both countries experienced a revitalisation of Islamic norms, with shifts in marriage regulation. The article analyses how post-Soviet legal reforms integrated Islamic principles, such as kalym and mahr, into national legal systems in different ways. In Kazakhstan, the 2024 fatwa by the Spiritual Administration of Muslims of Kazakhstan (SAMK), equating kalym with mahr, sparked public debate. In Uzbekistan, mahr remains central, though kalym is less common. The article also examines ‘polygyny’, permitted under certain Islamic conditions, and its regulation in both countries. It highlights the tension between Islamic traditions and state-imposed laws. Kazakhstan takes a liberal stance by prohibiting nikāḥ without registration, with no penalties for violations, while Uzbekistan enforces stricter regulations, including liability for unregistered marriages. The article concludes by discussing the tension between Islamic traditions and state law.