This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Tajikistan (Jumhurii Tojikiston), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Tajikistan's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Tajikistan is a landlocked country located in Central Asia. It is bounded by Afghanistan, Russia, Uzbekistan, and Kyrgyzstan. The capital of Kazakhstan is Dushanbe. The official language is Tajik (a form of Persian, written using a Russian script). The country’s population in 2017 was approximately 8.5 million. Tajikistan is a predominantly Muslim country, with about 90% of the population Muslim (85% of which are Sunnī and 5% of which are Shīʿī). Tajikistan is a member state of the Organisation of Islamic Cooperation.
It is important to mention that the government of Tajikistan, concerned about the potentially destabilizing effects of religious fundamentalism, has banned women from attending mosques or wearing headscarves in public places (such as schools and government buildings), has banned foreign religious education, has restricted spaces where imams are allowed to give sermons, and has frequently shut down "unregistered" mosques.
Constitution & Legal Structure
After declaring independence from the Soviet Union in 1991, Tajikistan adopted its current Constitution in 1994 (most recently amended in 2009). Tajikistan 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 Tajikistan is a civil law system, where judicial decisions are not considered sources of law.
Constitutional Status of Islamic Law
Although historically, sharīʿa was the primary source of law in Tajikistan, that changed due to Soviet influence, and Tajikistan is now a secular state. Although the 2009 Law on Freedom of Conscience and on Religious Organizations assigned special status to Islam, particularly the Ḥanafī (Sunnī) school, the law also declared freedom of religion and religious tolerance as basic principles granted to all residents. Thus, Tajikistan remains a secular state.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Tajikistan.
Dominant School of Islamic Law
While officially secular, the government of Tajikistan has assigned special status to the Ḥanafī school. For example, the preamble of the 2009 law notes the "special role" of the Ḥanafī school in Tajik culture. Indeed, the majority of Muslims in Tajikistan adhere to the Ḥanafī school.
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].