The Problem of Kalyn mal in Kazakh Customary Law and Mahr in Islamic Law: Prospects for Modernization

Abstract

This work is devoted to a comprehensive analysis of the institutes of kalynmal (bride-price) and mahr within the context of Kazakh customary law and Islamic legal norms. The authors examine the historical roots, terminology, and evolution of these institutes, conducting a comparative analysis of traditional Kazakh customs and Sharia requirements. The article details the functions of kalynmal as a social and symbolic tool for strengthening kinship ties, as well as its inseparable link with the preparation of the dowry (jasau). Special attention is paid to the issue of the modernization of these practices in contemporary society, particularly in light of high divorce rates. The research substantiates the need for institutional transformation: it is proposed to consider kalynmal as a form of mahr, ensuring the financial protection of women, and to record such agreements officially. The work analyzes legal aspects, including judicial practice in Kazakhstan, where wedding offerings are often recognized as voluntary gifts, which complicates their return in the event of a dispute. In conclusion, specific recommendations for reforming traditions are proposed, such as opening joint bank accounts and moving away from burdensome formalities that do not benefit the family unit. This approach aims to transform archaic rites into an effective mechanism of social protection that meets modern legal and spiritual challenges.