The topic of religious marriage ‘neke’ (nikah) constantly causes a wide public discussion in Kazakhstan. The rite of ‘neke’ itself is welcomed among the population, provided that it is concluded by a man and a woman who are married under the secular laws of the Republic of Kazakhstan.
But controversy and disagreement is caused by the use of Muslim marriage to ‘legalise’ polygamy. Here Kazakhstani society is divided into at least two camps. Some people deplore the institution of ‘toqal’. [as the younger wives of wealthy Kazakhs were called in pre-Soviet times. Editor’s note], while others argue in favour, delving into the history and religious canons of Islam.
Official procedure for the conclusion of a neke
Officially, in Kazakhstan, at the request of the Spiritual Administration of Muslims of Kazakhstan (DUMK), citizens who wish to perform the religious rite of ‘neke’ are required to have a certificate of marriage registration with the state authorities. In the absence of this certificate, imams are instructed to refuse to conduct the marriage ceremony, at least within the walls of the mosque.
But not all religious persons comply with these requirements. For example, during the trial of the former Minister of National Economy of Kazakhstan Kuandyk Bishimbayev, who killed his common-law wife Saltanat Nukenova, it turned out that the imam of the main republican mosque, Kanat Kydirmin, had twice married them without a certificate of registration of secular marriage. For this, the imam of the capital’s mosque was brought to disciplinary responsibility.
Speaking about the main conditions to be observed by a man and a woman who have decided to join the neke ceremony, religious scholar Abdusamat Mahat named the main ones, stressing that due to irresponsible attitude of some people to this rite, the state has obliged citizens to first legalise their marriage in official civil registry offices, which does not contradict the Shariah.
The religious scholar listed the conditions obligatory for performing the Muslim rite of neqeh:
- marriage is performed when the marrying couple reaches ‘baligat’, i.e. sexual maturity;
- people who are getting married must be of sound mind;
- there must be no reasons that make the neque null and void. For example, neke is forbidden between siblings;
- The mutual consent of the young couple is a prerequisite;
- Mahr, a gift intended for the bride, the minimum amount of which is established by the Shariah, is also obligatory;
- The presence of a guardian and witnesses is obligatory;
- publicity of the nikah is also a mandatory condition. That is, at least relatives of the bride and groom must know about the conclusion of the neqah. These are parents, brothers and sisters, etc.
‘The presence of state registration of marriage, i.e. civil registry office, is not a requirement of Shariah. But due to the irresponsible attitude of some citizens to the neke ceremony, i.e. non-compliance with the above-mentioned conditions of the Shariah, there is a rule of the DUMK in mosques, according to which newlyweds who want to perform the neke ceremony in the mosque must have a civil registry office registration, which does not contradict the Shariah,’ said Abdusamat Mahat.
“Toqal”
A young man named Yerbolat (name changed for ethical reasons) told the story of his father who secretly married his classmate’s daughter.
Yerbolat is a son from his father’s first wife. His parents married while he was still a student. His father had a small business and they lived in a large, upmarket flat on the left bank of Astana.
‘For my 18th birthday my parents gave me a small flat. When problems in the business started, my dad wrote a gift deed to my mum so that our elite housing would not be touched. But nobody knew about it, not even me. On my 55th birthday, my father’s classmates came from Shymkent, one of them with a 35-year-old daughter. Begging for help, she told me that her unmarried daughter was working in the capital as a shop assistant and had nowhere to live. The flat given to me was empty, my father offered her to live there temporarily, as I was studying abroad,’ the young man said.
A few years later, when Yerbolat returned to the country, got married and decided to sell the small flat given to him to buy a bigger place, it turned out that his father had married the same daughter of his classmate and that they had a 7-year-old child together.
‘According to the documents, my pensioner dad was the father. As it turned out, he concluded a ‘neke’ marriage with her. When she appeared on the doorstep of my parents’ flat, she scandalised, demanding accommodation and money for the child’s maintenance. And my quite ‘secular’ dad started to convince us all that Muslims are not strangers to polygamy and that two wives can live in one flat. But my mum threw him out on the street together with the uninvited guest and her child,’ said the young man.
His father lost his business a long time ago and now he lives in a rented flat paid for by Yerbolat.
‘He does not remember about his girlfriend, whom he met secretly for about 10 years, and neither does she about him,’ Yerbolat concluded his story.
Nikah vs. adultery?
In May 2024, the Spiritual Administration of Muslims of Kazakhstan adopted a fatwa on ‘civil marriage’, recognising it as contrary to the Shariah.
‘Nikah with a second wife at least legalises the relationship of a man and a woman before Allah, which is not the case with lovers’ relationships and people living in civil marriages. And here, as is usually the case, arguments are immediately found: ‘We live in a secular society, everyone decides for himself how to live his life’. What does ‘secular society’ have to do with it? It turns out that in a secular society spouses can cheat, and it’s normal?! And what, ‘to live in a secular society’ means to be immoral, to cheat on one’s wife or husband?! Why don’t we, in connection with nikah, remember that ‘everyone decides for himself how to live his life’?!’ – he says.
The religious scholar calls the difference between secular ‘can’ and religious ‘can’t’ absurd.
‘In our own society, there are men who have ‘kept women’ in their care. They buy them flats, cars. If we are to be categorical, then together with nikah with several women we should also condemn the care of ‘kept women’, as both actions, strangely enough, are not forbidden by law!’ – Abdusamat Mahat said.
What does the law say and who violates it?
The Ministry of Justice constantly reminds – Kazakhstan is a secular state from which religion is separated. Therefore, a marriage concluded according to religious traditions is not recognised on the territory of the country.
But this does not prevent even the ex-president from violating the country’s legislation. In his book ‘My Life. From Dependence to Freedom’ Nursultan Nazarbayev admitted that during his presidency he married a young woman named Asel in accordance with Muslim custom. She bore him two sons.
Experts on ‘hidden’ polygamy
Talks about legitimising the institution of polygamy in Kazakhstan, as well as in other Muslim republics of the former USSR, began almost immediately after its collapse.
Until 1998, Kazakhstan criminalised polygamy. Three years later, in 2001, the first proposal to legalise polygamy was made by Amangeldy Aitala, a member of the Majilis (the lower house of Kazakhstan’s parliament). After that, such attempts were made twice more by other deputies. But the country’s parliamentarians still did not pass these norms.
Problems on this issue will only grow every year, the interviewed experts said, and they suggest various measures to try to solve them.
Zhaniya Urankayeva said the practice of ‘simultaneous marriage’ to several women is becoming common not only among ordinary citizens but also among the country’s political elite. Therefore, a specific norm prohibiting polygamous marital relations should appear in the legislation.
‘Essentially – such an unofficial legalisation of polygamy. And that’s not good. We are a secular country and do not live under Sharia law. The law ‘On Marriage and Family’ requires innovations, it does not provide for a lot of things in terms of child and women’s protection. And there should be a provision prohibiting polygamy. In civil law, what is not prohibited is allowed. Many of us just pretend that they are Muslims, as if the Prophet Mohammed allowed them to have four wives. And men do not care whether they are practising Muslims or not, they read these norms as it suits them. There should be a specific prohibition and punishment for polygamy,’ she said.
Majilis deputy from Respublika party Aidarbek Khodjanazarov notes that a broad public discussion is needed to solve this problem.
He sees no contradiction between secular and Muslim legislation and believes that ‘breaking a law within the country, even if it is not a Sharia law, is a violation of Sharia law’.
‘So if I, for example, drive through a red light, I am violating Shariah. Because the law of the land requires that you don’t drive through a red light. If I, for example, hit a person with my hand, I’m violating Shariah. […] Whoever he is,’ Khodzhanazarov said.
Reflecting on measures needed to address the problem of polygamy, he said that, for example, imposing fines, following the example of neighbouring Uzbekistan, is nothing more than ‘partial legalisation’.
‘If you fine a woman, it looks like this: we are protecting your rights, so we are fining you. If you fine a man, we say: pay and act. It’s like a fine for a traffic offence – I’ll pay and I can afford to speed, for example. If you are rich, you pay the fines and do as you please. I don’t think it’s quite democratic either,’ the MP said.
Khodjanazarov calls himself a practising Muslim. And as one of the ways out, he suggests that the Spiritual Administration of Muslims of Kazakhstan (DUMK) issue a fatwa that would prohibit the conclusion of a religious marriage without a document from the state authorities.
So far, the DUMK has only a fatwa prohibiting the conclusion of a religious marriage ‘neke’ in an online format if the bride and groom and their relatives are not near each other in the same place.
‘If such a fatwa appears, in this case, all marriages concluded without its observance are invalid, it is just a fiction,’ the MP explained.
On the one hand, the certificate of the conclusion of ‘neke’ does not carry any legal force. On the other hand, in most cases a woman agrees to marry as a second or third wife consciously. And this is not frowned upon by Muslim society, but it raises many other questions, including legal ones.
Zhanna Urazbakhova, a well-known lawyer in Kazakhstan, identifies a number of problems faced by women who agree to become second wives.
‘In case of divorce, a woman cannot claim the property bought during the marriage. I have had cases when a woman in such a marriage could not get into the detention centre to her husband. Law enforcement and judicial authorities do not consider such a marriage valid. If a child is born in such a marriage and the father has not recognised paternity, the woman has to prove paternity in court to collect alimony,’ the lawyer argues.
The state authorities are in no hurry to settle this issue.