This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Kazakhstan (Qazaqstan Respublikasy), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Kazakhstan's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Kazakhstan is a landlocked country located in Central Asia. It is bounded by Turkmenistan, China, Russia, Uzbekistan, and Kyrgyzstan. The capital of Kazakhstan is Astana. The official languages are Kazakh (Qazaq) and Russian. The country’s population in 2017 was approximately 18.6 million. Kazakhstan is a predominantly Muslim country, with about 70% of the population Muslim and 26% Christian. Kazakhstan is a member state of the Organisation of Islamic Cooperation.
Constitution & Legal Structure
After declaring independence from the Soviet Union in 1991, Kazakhstan adopted its current Constitution in 1995, which was amended most recently in 2011. Kazakhstan is referred to as a presidential republic, in which sovereignty belongs to the people and the Constitution is the supreme law of the land. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial.
The legal system of Kazakhstan is a civil law system that has been influenced by the traditions of both Islamic law and Roman law. Islamic law, which was in force up until the early 1920s, incorporated many norms of adat, the local customary law consisting of the traditional prescriptions of the people of this region. The influence of Roman law came primarily from the theory and practice of Soviet law and socialist principles, but also has some Germanic influences as well.
Constitutional Status of Islamic Law
Although historically, Islamic law was the primary source of law in Kazakhstan, that changed in the early 1920s. Currently, Islamic law has no constitutional status in Kazakhstan. In fact, Kazakhstan has banned all religious political parties and is the only country in Central Asia whose Constitution does not assign special status to Islam.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Kazakhstan.
Dominant School of Islamic Law
Kazakhstan has no official school of Islamic law. The vast majority of the Muslim population in the country is Sunnī (adhering to the Ḥanafī school). Under the USSR, Russia attempted to weaken Islamic religious institutions in an effort to conform Kazakhs to communist ideology. In response, Kazakh religious leaders attempted to bring religious fervor by espousing pan-Turkism, though many were persecuted as a result. During the Soviet era, Muslim institutions survived only in areas where Kazakhs significantly outnumbered non-Muslims due to everyday Muslim practices. Today, many Kazakhs identify with Islam, more strongly so in rural areas.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].