Crossroads Asia

Uzbekistan’s Tightrope Between Individual Religious Expression and Secular Governance

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Crossroads Asia | Society | Central Asia

Uzbekistan’s Tightrope Between Individual Religious Expression and Secular Governance

As Islamic practices rise in Uzbekistan, authorities do their best to maintain a secular public sphere.

Uzbekistan’s Tightrope Between Individual Religious Expression and Secular Governance
Credit: ID 160090651 © Zaneta Cichawa | Dreamstime.com

In the sweltering midday heat of early August, 41-year-old Manzuna Abdupattayeva, a single mother, was on her way to a local grocery store in Zangiota District of Tashkent region to pick up some bread and dairy products when she was unexpectedly stopped by police officers who asked her to present her identification.

Dressed in a headscarf and wearing a facemask, she calmly explained that she works at a nearby furniture factory where the air is filled with dust, and due to her allergies, she often keeps the mask on. She further apologized, stating that in her hurry to run errands, she had forgotten to remove the mask. 

Unable to provide identification or a medical certificate to confirm her condition, Abdupattayeva found herself in a legal bind. Days later, she appeared in court facing charges under Article 184.4 of the Administrative Code, which penalizes individuals for appearing in public places in a way that does not allow for personal identification. The law stipulates a fine ranging from $270 to $540.

During the hearing, the judge took into account Abdupattayeva’s circumstances – her status as a single mother, her challenging socioeconomic situation, and her clean legal record. In light of these factors, the judge opted for leniency, reducing her fine to $135.

In less than a year, nearly 800 people have been charged under the same law.

Uzbekistan is a Muslim majority nation with a population exceeding 37 million. Officially, 94 percent of people in Uzbekistan follow Islam. This figure, however, needs a closer re-examination. Many in Uzbekistan are culturally Muslim; they associate with Islamic traditions and identity, but they may not actively practice the faith. Tashkent takes immense pride in the country’s Islamic heritage, which extends far beyond the Soviet colonial era and plays a crucial role in the country’s nation-building efforts. While striving to build a secular state aligned with international legal standards, the government enforces strict controls over the narrative and practice of religion.

In 2021, Tashkent abolished the administrative penalty for wearing “prayer clothes” in public due to the lack of a clear definition of such attire, rendering Article 184.1 of the Administrative Code ineffective. Despite this immediate change, it took an additional two years for the provision to be formally removed from the code. Instead, the Senate approved Article 184.4, which addresses situations where personal identification might be obstructed while in public. The article includes exceptions for face coverings , such as wearing a medical mask, provided a citizen has a certificate confirming the necessity; wearing headgear to ensure safety in traffic or at the workplace and other instances are also allowed by law. 

“These new norms do not affect the freedom of belief of our citizens at all. On the contrary, it… only means [that] any social relations are governed on the basis of the Constitution and laws,” said the head of the Senate, Tanzila Narbaeva.

Since then, the number of citizens charged under the article has steadily increased from a dozen cases per month in early 2024 to almost 200 cases in June alone. Most of those charged are women.

“In the database of court decisions, there are a total of 789 cases registered under Article 184.4 of the Administrative Code. In most cases, it was associated with women (rarely with men),” reported Gazeta.uz. It noted that the real number might be a few cases less, as some decisions involving a single defendant were reloaded into the database.

Made with Flourish

Although specific details are not provided, it’s possible that some of these cases are related to women who cover their face with a mask or niqab, a veil that covers the face except for the eyes, worn according to the individual’s personal religious beliefs. 

It is also worth noting that a significant portion of the reported offenses under article 184.4 — 52.7 percent — occurred in Andijan. This high incidence rate may be partly attributed to Andijan being the second most densely populated region in Uzbekistan, with 792,8 people per square kilometer. Additionally, the region’s greater religiosity compared to other parts of the country could be a contributing factor. 

Last year, two months prior to the law being approved, Grand Mufti of Uzbekistan Nuriddin Kholiqnazarov called on people for moderation in their Islamic practices, including in their attire and appearance. 

“Islam also teaches moderation in clothing. Don’t wear obscene clothes shaming yourself to the whole world. Or don’t wrap yourself in black imitating Arabic (culture). Do not cover areas (of your body) that are not required to be covered,” said the mufti, explaining that in the Hanafi school of jurisprudence followed by the majority of Muslims in Central Asia, women are not required to cover their faces, hands, or feet. 

Following his remarks, the official Telegram channel of the Muslims Board of Uzbekistan posted a couple of videos featuring other imams reinforcing the message that women do not need to cover their faces. This message was further echoed by imams at local mosques and then uploaded to their official Telegram channels, in a coordinated campaign to clarify the requirements for modest dress.

The Grand Mufti also urged men to keep their beards groomed. 

“[B]oth the companions of our Prophet (peace be upon Him) and the ulema of our school in many of their instructions recommended that the beard should be no longer than one kabza (the width of the palm) and should be kept in order,” he said.

Having studied the court database of the same article applied for men, Kun.uz concluded that growing a “messy (ungroomed) beard” ​​is defined as covering one’s face in a public place to the extent that one cannot be identified. 

In May, a 22-year-old man was confronted by police at a local market in Jizzah during a preventive raid aimed at “improving the religious environment.”  On August 13, during an open court hearing, the judge found the man guilty under Article 184.4 and imposed a $135 fine. 

Several cases involving young men wearing niqabs have garnered significant attention in the local media, sparking public discussion and debate. On June 19, police apprehended a 23-year-old man at Chorsu market for walking around in a black niqab. He was charged with obstructing the duties of internal affairs officers under Articles 194 and 195 of the Criminal Code, as well as violating Article 184.4 of the Administrative Code. The man received a sentence of 15 days of detention and a $270 fine.

Then in July, a 42-year-old man was detained for wearing a hijab and a medical mask, resulting in a seven-day detention and a fine. In August, another young man faced similar punishment under Article 184.4 for wearing a hijab and covering his face with a mask near a children’s playground in Andijan. 

The reasons for these men’s behavior remain unknown, while some speculate the cases might have been staged.

These developments highlight two key trends. In “New Uzbekistan,” under President Shavkat Mirziyoyev’s more relaxed governance, there has been a noticeable increase in individuals more actively adhering to Islamic norms, pushing the norms sometimes in ways that differ from official state interpretation. However, these developments also demonstrate that Tashkent is determined to maintain a singular interpretation of Islam in public life and uphold the country’s secular nature. This essentially signals to the public that practicing one’s religion is best kept within the private sphere.

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