The legal status of women in traditional Kazakh society was first documented in the “Jeti Jargy” legal code, established during the reign of Tauke Khan in the 17th century. According to historian Dr. Erkin Abil, this code provided protections against forced marriage, granted women the right to divorce in cases of abuse, and imposed penalties for bride kidnapping.

Unfortunately, the full text of “Jeti Jargy” has not survived to this day. The only known fragments were recorded by Russian researchers G. Spassky and A. Levshin in the early 19th century.

Despite recognizing some women’s rights, absolute gender equality was not present in Kazakh society. For example, the compensation (kun) for the murder of a woman was half that of a man. Women were also not allowed to participate in legal oaths. However, this was not solely a gender issue—compensation varied based on the individual’s social value, as the death of a respected batyr (warrior) could require four to seven times the standard payment.

At the same time, Kazakh women enjoyed greater legal protections compared to their counterparts in many European societies of that era. Property rights for women were safeguarded, and widows and orphans had legal protections under a special category known as “Jesir Davy”.

Traditional Kazakh law also governed polygamy. Unlike Islamic law, which limited the number of wives, Kazakh customs did not impose strict limits. However, in practice, polygamy was rare and mainly reserved for wealthy individuals. The first wife (baybiche) held higher status than the younger wife (tokal), but each wife was granted separate property and living arrangements. In case of divorce, a woman retained ownership of her dowry and personal wealth.

Women also had certain rights in family property management. If a husband passed away, his widow could serve as the head of the household until their sons reached adulthood.

Marriages were typically arranged by families, but young people also had some say in their partners. The “Uryn Kelu”tradition allowed a secret pre-marital meeting between the bride and groom. If the bride rejected the groom, her family had to pay compensation to cancel the engagement.

Crimes against women were considered serious offenses in Kazakh society. Insults toward women required public apologies and financial compensation. Rape and non-consensual bride kidnapping were punishable by death. However, if a woman consented to elopement, the man could settle the matter by compensating her family.

In conclusion, the legal status of women in traditional Kazakh society was shaped by the needs of the nomadic economy, with “Jeti Jargy” reflecting these social structures.