Central Asian Law

Babadjanov, Bakhtiyar M. “From Colonization to Bolshevization: Some Political and Legislative Aspects of Molding a ‘Soviet Islam’ in Central Asia.” In Central Asian Law: An Historical Overview: A Festschrift for the Ninetieth Birthday of Herbert Franke, edited by Wallace Johnson and Irina F. Popova, 153-71. Lawrence, KS: Society for Asian Legal History, the Hall Center for the Humanities, the University of Kansas, 2004.

Sections: Local Khanates and Russian Colonization, The New Authorities and the Muslims, The Reaction of the Authorities, Fatwas under the Slogan “Introduce Decisions of the Communist Party into Life”, Conclusion

Beyer, Judith. “Revitalisation, Invention and Continued Existence of the Kyrgyz Aksakal Courts: Listening to Pluralistic Accounts of History.” Journal of Legal Pluralism and Unofficial Law 53 (2006): 141.

Sections: Introduction, Official Discourses on the Historical Development of the aksakal Courts, Historical Data on the Development of the aksakal Courts, Local Discourses on the Historical Development of the Institution, Conclusion

Brusina, Olga. “Sharia and Civil Law in Marital Relations of the Muslim Population in Central Asia.” Russian Social Science Review 50, no. 3 (2009): 26-41.

Sections: Marital relations in Soviet Central Asia, Post-Soviet reality

Doran, David D. “Law and Custom in Soviet Central Asia: The “Sovietization” of the Muslim Peoples.” Student papers (University of Washington School of Law)  (1989).

Sections: Introduction; History of Law, Government, and the Judiciary in Central Asia; General Jurisprudence in Pre-Revolutionary Central Asia; Sovietization of Muslim Central Asia; Islam in Soviet Central Asia Today: Structure and Organization; Conclusion

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

Feldbrugge, F. J. M. “Criminal Law and Traditional Society: The Role of Soviet Law in the Integration of Non-Slavic Peoples.” Review of Socialist Law 3 (1977): 3-51.

Sections: Introduction; Before 1917; Тhе Soviet approach; What types of conduct are singled out?; Тhе legislative implementation of Soviet policies; Some statistical data; Тhе legal provisions concerning traditional crime; Postscript оn the post-war situation; Notes

Feldbrugge, F. J. M. “Criminal Law and Traditional Society: The Role of Soviet Law in the Integration of Non-Slavic Peoples.” Review of Socialist Law 3 (1977): 3-51.

Kamp, Marianne, and Russell G. Zanca. “Writing the History of Collectivization in Uzbekistan: Oral Narratives.” The National Council for Eurasian and East European Research (2008), http://www.nceeer.org/papers.html.

Sections: Executive Summary, Prior Work in this Area, The Significance of this Project, Class Identity in Rural Uzbekistan, Class Identity in Oral Histories of Collectivization, Bibliography

Relevance: “In a period when policy makers recommend changes to independent Uzbekistan’s land laws, this study may provide a deeper sense of cultural attitudes about land and livelihood in rural Uzbekistan, with implications for changes in land tenure systems.” (3,9)

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

Massell, Gregory J. “Law as an Instrument of Revolutionary Change in a Traditional Milieu: The Case of Soviet Central Asia.” Law and Society Review 2, no. 2 (1968): 179-228.

Sections: The Quest for Revolutionary Access and Influence in a Traditional Milieu, Revolutionary Legalism and Social Engineering: The uses and Limits of Superimposed Rules

Merrell, David E. “State Engagement with Non-State Justice: How the Experience in Kyrgyzstan Can Reinforce the Need for Legitimacy in Afghanistan.” Central Asian Survey 29, no. 2 (2010): 205-17.

Sections: Introduction; Non-State Justice in Afghanistan and the Question of its Engagement with the State; State Engagement with Non-State Justice in Kyrgyzstan during Tsarist, Soviet and Post-Soviet Times; How the Experience in Kyrgyzstan Can Reinforce the Need for Legitimacy in Afghanistan; Conclusion

Morozova, Irina. “Public Discussion on the ‘State of Law’ and Contemporary Political Regimes in Central Asia and the Southern Caucasus.” In Central Asian Law: An Historical Overview: A Festschrift for the Ninetieth Birthday of Herbert Franke, edited by Wallace Johnson and Irina F. Popova, 237-59. Lawrence, KS: Society for Asian Legal History, the Hall Center for the Humanities, the University of Kansas, 2004.

Sections: Introduction; The Different Systems of Law in Present Day Central Asia and the Southern Caucasus; Public Discussions on the State of Law in the Post-Soviet and the Post-Socialist States; Order, the State of Law and the Shadow of the Legal Economy in Contemporary Azerbaijan; The President, the Opposition and Discourse on Human Rights in Uzbekistan; The One-Party Parliament and the Reform of the Legislature in Post-Socialist Mongolia; Conclusion

Muminov, Ashirbek, Uygun Gafurov, and Rinat Shigabdinov. “Islamic Education in Soviet and Post-Soviet Uzbekistan.” In Islamic Education in the Soviet Union and Its Successor States, edited by Michael Kemper, Raoul Motika and Stefan Reichmuth. New York: Routledge, 2010.

Sections: Introduction, The traditional Islamic educational system of Uzbekistan: reform plans and failures (1917-1928), The destruction of Islamic education (1927-1928), Islamic scholars in the period of repression, 1928-1943

Tokhtakhodjaeva, Marfua, and Cassandra Balchin. Between the Slogans of Communism and the Laws of Islam. Lahore: Shirkat Gah Women’s Resource Centre, 1995.

Johnson, Wallace, and Irina F. Popova, eds. Central Asian Law: An Historical Overview: A Festschrift for the Ninetieth Birthday of Herbert Franke, Society for Central Asian Legal History, Monograph Series. Lawrence, KS: Society for Asian Legal History, the Hall Center for the Humanities, the University of Kansas, 2004.

Sections
1. Some Reflections on Multinationality: The Example of Former Empires in East Asia, Herbert Franke
2. Customary Law in the Ancient Turkic States of Central Asia: the Legal Documents and Practical Regulations, S. G. Klyashtomyi
3. The Administrative and Legal Regulations of the Tang Emperors for the Frontier Territories, Irina F. Popova
4. Muslim Law in Central Asia, Ashirbek Muminov
5. Eighteen Steppe Laws - A Source for the Study of Medieval Mongolian, Alexei Nasilov
6. Customary Law in Waigal Valley, Eastern Afghanistan, Schuyler Jones
7. Disputes over Land-use in Qing Outer Mongolia Some Remarkson a Legal Question from an Historian’s Point of View, Veronika Veit
8. Communist and Post-Communist Mongolian Law and Pasture Land, Morris Rossabi
9. Some Characteristics of Penal Legislation among the Mongols, (13^th – 21^st Centuries), Francoise Aubin
10. From Colonization to Bolshevization: Some Political and Legislative Aspects of Molding a “Soviet Islam” in Central Asia, Bakhtiyar M. Babadjanov
11. Law and custom among the Uyghur in Xinjiang, Ildiko Beller-Hann
12. Constitutional regimes and clan politics in Central Asia, Janna Khegai
13. Islam and Universalism in Family Law: A Comparative Study of the Contemporary Iranian and Turkish Civil Codes, Hisae Nakanishi
14. Public Discussion on the ‘State of Law’ and Contemporary Political Regimes in Central Asia and the Southern Caucasus, Irina Morozova
15. Parliamentary Law-Making in Central Asia: Apparent Authority Meets Political Reality, Claire Weber