This Country Profile provides a basic overview of the legal history and institutional structures of Turkmenistan, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Turkmenistan's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Turkmenistan is a landlocked country located in Central Asia, bordering the Caspian Sea. It is bounded by Afghanistan, Iran, Uzbekistan, and Kazakhstan. The capital of Turkmenistan is Ashgabat (Ashkhabad). The official language is Turkmen. The country's population in 2017 was approximately 5.4 million. Turkmenistan is a predominantly Muslim country, with about 89% of the population Muslim. Turkmenistan is a member state of the Organisation of Islamic Cooperation.
Constitution & Legal Structure
After declaring independence from the Soviet Union in 1991, Turkmenistan became a presidential republic, in which the Constitution acts as 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. All judges are appointed by the President, regardless of level. It is important to mention that although Turkmenistan is officially a presidential republic, in practice it much more authoritarian. After the Constitution was adopted in 1992, Parliament voted to give the previous leader of Turkmenistan under the Soviet Union (Niyazov) the position "President for Life." Parliament itself had been handpicked by Niyazov before the fall of the USSR. It was not until 2006 and Niyazov's death that the first elections took place in the country. Since 2006, Turkmenistan has begun opening up its borders and strengthened relations with foreign governments. In 2008, a new Constitution was adopted that allowed for a multi-party system. However, this is widely seen a formality, since in practice, all parties in Parliament operate together under the Democratic Party of Turkmenistan (DPT), the former Communist party.
The legal system of Turkmenistan is a civil law system that has been influenced by the traditions of both Islamic law and Roman law. The influence of Roman law came primarily from the theory and practice of Soviet law and socialist principles, but also has some Germanic influences as well. Islamic law, which was in force up until the country came under Soviet control in the early 1920s, incorporated many norms of adat, the local customary law consisting of the traditional prescriptions of the people of that region. In some rural areas, adat has been reincorporated to fill in the gaps of limited legal and law enforcement influence.
Constitutional Status of Islamic Law
Although historically, sharīʿa was the primary source of law in Turkmenistan, that changed in the early 1920s. Currently, Islamic law has no official constitutional status in Turkmenistan, and the Constitution declares the country to be secular. However, Islam is assigned special status, and Islamic principles are taught in public schools. Furthermore, all religious activity is heavily monitored by Turkmenistan's government, and only official publications and clergymen are allowed to discuss religion. In fact, in addition to establishing separation of church and state, the 1991 Law on Freedom of Conscience and on Religious Organizations removed any legal basis for Islam to play a role in political life in Turkmenistan.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Turkmenistan. Although there is a growing body of Islamic judges and clergymen, they must be officially registered with the Ministry of Justice and they are monitored by the Council of Religious Affairs. In fact, despite Turkmenistan being an officially secular country, all religious activity is heavily monitored by the government.
Dominant School of Islamic Law
Tajikistan has no official school of Islamic law. The vast majority of the Muslim population in the country is Sunnī (adhering 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].