Central Asian Law

Alkon, Cynthia. “The Increased Use of Reconciliation in Criminal Cases in Central Asia: A Sign of Reform or Cause for Concern?” 19th International Conference of the International Society for the Reform of Criminal Law (2005), http://www.isrcl.org/.

Sections: Introduction; Why is Reform needed?; The Current State of the Law in Central Asia Regarding the Use of Reconciliation; Current Reconciliation Practices; Conclusion

Alkon, Cynthia. “The Increased Use of “Reconciliation” in Criminal Cases in Central Asia: A Sign of Restorative Justice, Reform or Cause for Concern?” Pepperdine Dispute Resolution Law Journal 8 (2007): 41-116.

Sections: Introduction; This Article; The Data Gathering Process; Background on Central Asia; Restorative Justice in Western Countries; Reconciliation in Central Asia; Conclusion

Blitt, Robert C., and W. Cole Durham. “Analysis of the Republic of Tajikistan’s Draft Law ‘About Freedom of Conscience and Religious Unions’.” University of Tennessee Legal Studies Research Paper 26 (2008).

Sections: Overview; Positive Aspects of the Draft Law; Article-by-Article Analysis of the Draft Law

Clouatre, Douglas. “Tajikistan.” In Legal Systems of the World: A Political, Social, and Cultural Encyclopedia, edited by Herbert M. Kritzer, 1592-97. Santa Barbara, CA: ABC-CLIO, 2002.

Sections: Country Information, History, Independence and Civil War, Tajikistan Government and Judiciary, Supreme and Constitutional Courts, Legal Structure of Tajikistan Courts, Economic Courts, Personal and Individual Rights, Privatization Law, Criminal Code, Legal Training, Impact of the Law

Epkenhans, Tim. “Regulating Religion in Post-Soviet Central Asia: Some Remarks on Religious Association Law and ‘Official’ Islamic Institutions in Tajikistan.” Security and Human Rights 1 (2009): 94-99.

Sections: Introduction; Control of and interference in religious affairs: The Soviet legacy; From the qaziyyat to the High Council of ‘Ulama’; The Religious Association Law in Tajikistan; Conclusion

Epkenhans, Tim. “Muslims without Learning Clergy without Faith: Institutions of Islamic Learning in the Republic of Tajikistan.” In Islamic Education in the Soviet Union and Its Successor States, edited by Michael Kemper, Raoul Motika and Stefan Reichmuth, 313-48. New York: Routledge, 2010.

Sections: Introduction, State of research and literature, Islam in pre-Soviet Tajikistan, Islam in Soviet Tajikistan, “Official” Islam, “Parallel” Islam, Independence and Civil War, The early Islamic Revival Party of Tajikistan, Islam and the state in Tajikistan since 1997, Legal and policy framework, The Law on Religion and its implementation, Official Islamic institutions in Tajikistan, The Islamic centre and the High Council of’Ulama’ of Tajikistan, Mosques, Madrasas, Education, The Islamic University in Dushanbe, Islamic manuals and textbooks, Islamic law and traditional customs, Sufism, Ziyarat and hajj, The Islamic Revival Party after the Peace Accord of 1997, Charter and agenda of the IRPT, The IRPT after Nuri, Hizb al-Tahrir al-Islami in Tajikistan, Challenges in the future

Galemba, David. “The Authoritarian Roadblock on Post-Soviet Central Asia’s Long Road to Religious Freedom.” Rutgers Journal of Law and Religion 8 (2007): 1-33.

Sections: Introduction; Historical Overview of Religion in Central Asia; The Authoritarian Roadblock: Paranoid Leaders and their Constraint on Religious Freedom; The Endless Cycle: Oppression Begets Extremism Begets Oppression; Conclusion

Gemalmaz, M. S. “Structure and Authority of the Judiciary within the Legal Order of the Tajikistan Republic.” Tilburg Foreign Law Review 7, no. 4 (1999): 307-46.

Sections: Introduction, 1 Establishment of the Courts, 2 The Composition of the Courts, 3 The Judges, 5 Protection of the Judges, 6 General Evaluation of the Present System, 7 Rights of Individuals Subjected to Exercise of Judicial Power,

Hickson, Jill E. “Using Law to Create National Identity: The Course to Democracy in Tajikistan.” Texas International Law Journal 38 (2003): 347-80.

Sections: Introduction; National Identity; The Tajiks and the Republic of Tajikistan: National Identity in Historic Perspective; Creating a New National Identity in Tajikistan; Barriers to Creating a New National Identity in Tajikistan; Conclusion

Kangas, Roger D. “Legal Reform in Central Asia: Battling the Influence of History.” In In the Tracks of Tamerlane: Central Asia’s Path to the 21st Century, edited by Daniel L. Burghart and Theresa Sabonis-Helf, 65-91. Washington, DC: Center For Technology and National Security Policy, National Defense University, 2004.

Sections: Legal Antecedents (The Pre-Russian Legacy; Russian and Soviet-era Law); Respective Frameworks of Legal Regimes
in Central Asia (Kazakhstan, The Kyrgyz Republic, Uzbekistan, Turkmenistan, Tajikistan); Basic Dilemmas and Reform Efforts (Challenges; Efforts at Reform); Conclusion

“Central Asia.” In The Oxford Encyclopedia of Islam and Law, edited by Jonathan Brown. New York: Oxford University Press, forthcoming 2012.

Sections: Introduction to Region, Kazakhstan, The Kyrgyz Republic (Kyrgyzstan), Tajikistan, Turkmenistan, Uzbekistan, Bibliography

Merrell, David E. “Tajikistan’s Constitution and Islam.” In Oxford Islamic Studies Online, edited by John L. Esposito. New York: Oxford University Press, forthcoming Spring 2012.