Zhakhansha Dosmukhamedov and the Origins of Civil Law in Kazakhstan

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31.07.2026 12

Zhakhansha Dosmukhamedov is usually remembered as a political leader of the Alash movement. Yet his career also reveals another side of his legacy: that of a professionally trained lawyer who sought to connect Kazakh customary law with modern legal institutions.

In the article “Zhakhansha Dosmukhamedov Was the Founder of Civil Law in the Kazakh Region,” published in 2020, Sh. A. Zabikh argues that Dosmukhamedov played a foundational role in the development of civil-law thought in Kazakhstan. The article presents this conclusion as the author’s interpretation, based on archival materials and comparative legal analysis.

Zabikh’s case rests on several parts of Dosmukhamedov’s career. He studied Kazakh customary law, worked in the imperial judicial system, promoted the codification of traditional legal practices, participated in the creation of the Alash autonomy, and introduced contractual and administrative mechanisms in the government of Western Alash-Orda. Together, these activities are portrayed as an early attempt to build a modern legal order in the Kazakh region.


From the Steppe to Moscow University

Zhakhansha, also known as Zhansha, Dosmukhamedov was born in 1887 into a Kazakh pastoralist family in western Kazakhstan. After completing the Ural Real School in 1906, he sought admission to the law faculty of Moscow Imperial University.

His choice of profession was closely connected with the needs of his society. At the beginning of the twentieth century, the Kazakh intelligentsia faced an acute shortage of professionally trained lawyers, doctors, engineers, and administrators. Such specialists were expected to serve their own communities while also understanding the institutions of the Russian Empire.

Dosmukhamedov’s admission was not straightforward. He needed official confirmation of his political reliability and was expected to demonstrate knowledge of Latin. Archival correspondence cited in the study shows that he appealed to the military governor of the Ural region, emphasizing his strong interest in legal scholarship.

The governor supported his request and informed Moscow University that the region urgently needed educated Kazakh lawyers. Dosmukhamedov was eventually admitted in August 1906 and was allowed to enter without the normally required Latin examination.

The Ural regional administration also provided him with a scholarship between 1907 and 1910. During his studies, he followed Russian and Western legal thought, read specialized legal publications, and developed his skills in public speaking. He attended lectures by prominent professors and listened to the courtroom speeches of the celebrated Russian advocate Fyodor Plevako.

In early 1910, Dosmukhamedov graduated with first-class honors. His final academic work examined the principal rules of Kazakh customary law and the people’s court as the institution responsible for applying them. This choice of subject already demonstrated his interest in the civil and social relationships regulated by traditional Kazakh legal practice.

 

Studying Kazakh Customary Law

After graduation, Dosmukhamedov returned to the region and began working in the Ural administration. He soon published a series of articles under the title “A Few Words on Kirghiz Customary Law and the People’s Court” in the newspaper Uralsky Listok.

These articles were among the early attempts to analyze Kazakh customary law from the perspective of a professionally trained jurist. Dosmukhamedov examined how traditional rules functioned in practice and identified problems in the operation of the biys’ courts.

His judicial career developed rapidly. In 1911, he became a candidate for judicial office at the Ural District Court, where he served in roles connected with the criminal division and the work of justices of the peace. He was later transferred to the Omsk Judicial Chamber and assigned to perform judicial duties in Barnaul.

In 1913, he entered the prosecutorial service in Barnaul. The following year, he was appointed deputy prosecutor of the Tomsk District Court for the Kainsk district. His responsibilities included oversight of several judicial areas, a local prison, and exiled populations.

Despite the demands of government service, Dosmukhamedov continued researching what he called the legal life of the Kazakh people. Zabikh identifies the years from 1910 to 1917 as the period in which his views as a legal scholar and ethnographer took shape.

Dosmukhamedov hoped to prepare a comprehensive collection of Kazakh customary law. He was particularly interested in Zhety Zhargy, the traditional body of legal principles associated with the Kazakh steppe, and in the relationship between older norms and the actual customs observed in the early twentieth century.

His planned research covered several areas: the social function of customary law; the influence of Russian and European legal rules; the formation of Kazakh legal consciousness; civil and criminal customs; the traditional court of the biys; and the transformation of that court under the imperial Steppe Regulations.

Dosmukhamedov believed that Kazakh society had long been governed through established customs and inherited legal principles. Before incorporation into the Russian Empire, Kazakhs had possessed their own forms of political organization and law. Yet this legal tradition had rarely been studied systematically by scholars who understood Kazakh history, psychology, and social life.

He criticized research produced by outsiders who lacked direct knowledge of the people whose customs they were describing. In his view, customary law could not be understood separately from the community in which it operated.

 

Tradition, Codification, and Civil Relations

Dosmukhamedov’s objective was not simply to preserve ancient practices unchanged. He wanted to record, analyze, and systematize them before they disappeared under colonial and social transformation.

One example discussed in the article concerns inheritance. Kazakh customary law did not generally use written wills, but a dying person could declare a final decision about property in the presence of witnesses. Relatives were expected to carry out that decision.

Dosmukhamedov recognized such customs as functioning legal institutions. He believed that practices concerning wills and inheritance could be preserved in a modern legislative form rather than dismissed as informal traditions.

Zabikh draws a connection between this interest and modern Kazakh civil legislation, which recognizes a person’s right to determine how property should be distributed after death. This does not mean that Dosmukhamedov wrote the contemporary Civil Code. Rather, the author argues that his approach anticipated the later conversion of customary principles into formal legal rules.

Dosmukhamedov also described Kazakh customary law as relatively humane and closely adapted to the conditions of patriarchal and nomadic life. Although older custom recognized blood revenge, many serious disputes, including homicide, could be resolved through compensation known as qun instead of further violence.

For him, this illustrated the practical and conciliatory character of the traditional legal order. Its value lay not only in its age but also in its capacity to regulate social relationships in ways that communities recognized as legitimate.

At the same time, Dosmukhamedov relied on previous scholarship. He studied works on the Kazakh steppe, people’s courts, regional customs, and Siberian customary law. Zabikh presents this broad engagement with earlier legal and ethnographic writing as evidence of his intellectual preparation for both scholarship and political activity.

 

Law and the Alash Autonomy

The revolutions of 1917 transformed Dosmukhamedov from a legal official into a political leader. He became one of the central figures of the Alash movement, which sought national autonomy and political modernization for the Kazakh region.

After the Alash autonomy was proclaimed in December 1917, Dosmukhamedov helped develop its legal foundations. He participated in negotiations with the Bolshevik government over the recognition of Kazakh autonomy and held positions in broader Muslim and pre-parliamentary political organizations.

His most significant administrative work took place in western Kazakhstan. In 1918, he became a leading figure in the regional government later known as the Western Branch of Alash-Orda.

According to Zabikh, this administration developed many features of an independent political system. It established governing offices, courts, a prosecutor’s service, a people’s militia, elements of a national army, taxation, postal services, a bank, a prison, and a security structure.

These institutions operated in the unstable conditions of the Civil War and suffered from limited resources. Nevertheless, the author considers them a practical experiment in Kazakh state-building.

Dosmukhamedov’s legal ideas were also applied to economic and military organization. To train Kazakh forces, his administration recruited experienced Russian officers through formal contracts. These agreements defined payment, duties, conditions of service, and the responsibilities of both parties.

Zabikh interprets this use of contracts as an early application of civil-law principles at the governmental level. Rather than relying only on command or personal loyalty, the administration created obligations through mutual agreement between legally recognized parties.

The same approach was reflected in banking, taxation, trade, and other economic institutions. The contract became, in the author’s account, a symbol of a wider legal vision in which relations between individuals, organizations, and government should be based on rights, obligations, and consent.

 

A Vision of the Rule of Law

Dosmukhamedov favored a federal democratic republic with strong legal protections for personal liberty and equality before the law. He supported broad territorial and national autonomy for the Kazakh people and believed that state authority itself must be limited by law.

His concept of civil society included a constitution, independent courts, elected local government, a free press, and public participation in administration. Citizens would be required to obey the law, but government institutions would also be legally accountable.

These ideas conflicted with the centralized political system created by the Soviet authorities. After the defeat of the Alash movement, Dosmukhamedov was persecuted. He was arrested, imprisoned, and later exiled to Voronezh from 1930 to 1935. In 1938, during the Stalinist repressions, he was arrested again and executed on false charges.

 

Why Zabikh Calls Him a Founder

Zabikh describes Dosmukhamedov as a founder of civil law in the Kazakh region not because he produced a complete civil code, but because he united legal scholarship, customary-law research, professional practice, and institution-building.

He examined traditional rules governing property, inheritance, compensation, and social obligations. He argued that such rules should be systematically recorded and adapted to modern law. As a prosecutor and judicial official, he defended the importance of legality. As an Alash leader, he attempted to build institutions in which contracts, courts, taxation, banking, and administration operated through defined legal procedures.

The claim remains the author’s historical and legal assessment. Yet the evidence presented in the article shows that Dosmukhamedov treated private law as part of a larger political project. Civil law was not merely a technical branch of jurisprudence. It was a foundation for a society in which individuals and institutions could interact through enforceable rights and mutual obligations.

His career therefore connects two legal worlds: the customary order of the Kazakh steppe and the emerging institutions of a modern state. In Zabikh’s interpretation, this combination makes Zhakhansha Dosmukhamedov one of the earliest and most important architects of civil-law thought in Kazakhstan.

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