Islamic Law without Legal Authority: Sharia and State Governance in Kazakhstan

This article examines the role and status of Islamic law (Sharia) in Kazakhstan, a Muslim-majority country that has consistently maintained a strictly secular legal order. The background of the study is grounded in the apparent paradox between Kazakhstan’s Islamic historical heritage and the complete absence of Sharia from its formal legal system. The objective of the research is to explain how and why Islamic law has remained confined to private, moral, and ritual domains while being excluded from state legislation and judicial practice. Methodologically, the article employs a qualitative legal-sociological and historical approach, combining analysis of constitutional norms, legal regulations, academic literature, and media sources to trace the evolution of Islamic law from the pre-modern period through the Russian imperial and Soviet eras to the post-independence context. The findings demonstrate that long-standing coexistence with customary law (adat), Soviet secularization, and post-independence state-managed laicism have collectively depoliticized Sharia and prevented its institutionalization. The study further shows that limited incorporations of Sharia-based norms, such as in halal regulation and Islamic banking, are pragmatic and economic rather than ideological. The article concludes that Kazakhstan represents an alternative model of religion–state relations, where Islamic law functions as a socially embedded ethical framework rather than a competing legal system.