XІХ ғ. соңы — ХХ ғ. басындағы қазақ қоғамындағы шариғат пен әдет нормаларының өзара ықпалының тарихи ерекшеліктері

Abstract

The article examines the features of the mutual influence of Sharia norms and customary law in Kazakh society in the late nineteenth- and early twentieth-century, their impact on spiritual culture, and their role in regulating social relations. The relevance of the topic is determined by the need for a scholarly understanding of the foundations of the formation of the spiritual culture of traditional society, its historical continuity, and its development paths. Based on a scientific analysis of materials introduced into scholarly circulation, the article examines the functions of customary law norms in regulating social relations, their connection with social structure, worldview values, and legal consciousness. In addition, the features of the adaptation of traditional norms to changing historical and political conditions are analyzed. The traditional norms of Kazakh customary law, formed as an integral part of nomadic civilization, played an important role in regulating social relations. They ensured the internal stability of society and served as an effective mechanism for maintaining social harmony. Along with this, customary law norms contributed to the formation of legal consciousness and ensured the continuity of spiritual values transmitted from generation to generation. In the course of the study, the content of spiritual culture formed on the basis of the interaction between customary law norms and Sharia was revealed, and their influence on public consciousness, legal practice, and everyday life was identified. The features of value orientations and cultural continuity formed as a result of this interaction are also shown. As a result of the study, it was established that the norms of customary law in Kazakh society did not contradict Sharia norms, but developed in accordance with their basic principles, while maintaining a connection with the features of nomadic civilization. Customary law played a leading role in regulating everyday life, social relations, and moral norms, whereas Sharia complemented this system in the spiritual and religious aspect. This interaction determined the specificity of legal consciousness in Kazakh society and ensured its internal integrity. It was also established that the legal traditions and norms of ancient Turkic society had a significant influence on the formation of the traditional legal system. The legal norms, structure of power, and practices of regulating social relations that developed during the Turkic period were preserved in the Kazakh system of customary law as a manifestation of historical continuity and were further developed under new historical conditions.