The Struggle Over Sharia Courts in Central Asia: Recent Trends and the Historical Context

"Today in Central Asia is it very popular to talk about Muslim traditions and Islamic heritage in different sphere of everyday life," said Elyor Karimov, Professor of History, Institute of History, Uzbek Academy of Sciences, Uzbekistan, and Fellow, Woodrow Wilson Center. At a Kennan Institute lecture on 1 March 2010, Karimov discussed the system of Muslim law – Sharia – in Islamic courts and its role in past and present Central Asian society.

From 1998-2002, Karimov conducted archival research in different regions of Central Asia and collected a significant number of historical documents from the 17th to the early 20th century. The main bulk of his materials were comprised of different juridical deeds (waqfs, records of purchase, records of gifts, rental agreements, etc.) covering various categories of civil and legal acts. Karimov referred to these deeds as "Qazi documents" after the Uzbek Arabic word "Qazi" meaning an Islamic judge.

"The Qazi court ruled on the basis of rather idealistic theory – the fundamental rules of personal conduct were honesty, veraciousness and rightness," explained Karimov. Consequently, judges did not expect forgeries, lying or tampering with legal subjects or proceedings. The three major proofs of truth were admissions of guilt, witness testimony, and sworn statements.

These protocols of judicial activity remained unchanged for centuries. However, criticism of Qazi courts began to mount in the 19th century as society developed and the courts were less able to meet society's needs. One of the numerous reasons for the courts' failures was the system of rivayats and wakils (legal counsels and eminent figures in the Qazi court) which caused the legal process to become overcomplicated and subject to corruption.

Despite the faults of these courts, "they were still able to satisfy the needs of the society," asserted Karimov. Indeed, after 1917, Soviet powers restored the formerly disbanded Sharia courts and by 1925, eighty-six of them existed in Uzbekisten alone. However, their jurisdiction was narrowed by state decrees, and two years later only seven were still functioning. "This is how the history of Sharia courts ended in Central Asia," said Karimov. Although attempts to revive these courts have failed, added Karimov, Islam continues to play an important role in the daily lives of Central Asians.

By Larissa Eltsefon
Blair Ruble, Director, Kennan Institute