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THE CONCEPT FOR ENSURING FREEDOM OF CONSCIENCE OF THE
CITIZENS AND STATE POLICY IN THE RELIGIOUS SPHERE IN THE
CONTEXT OF REGULATING THE INSTITUTION OF THE FAMILY IN THE
REPUBLIC OF UZBEKISTAN
Rashidova Shakhzoda Raimovna
(PhD)Senior Lecturer at the International Islamic Academy of Uzbekistan
Tojieva Muslimakhon Khamid kizi
3rd-year Bachelor’s student of “Islamic Studies”
International Islamic Academy of Uzbekistan
Abstract:
This article analyzes the Law of the Republic of Uzbekistan dated February 11,
2025, “On the Approval of the Concept of Ensuring Citizens’ Freedom of Conscience and
State Policy in the Religious Sphere”. Particular attention is paid to the impact of this law on
the institution of the family, especially on the legal regulation of marriage as both a social
construct. The study is based on an interdisciplinary approach that combines legal,
sociocultural, and political analysis and draws upon legal sources, expert opinions, and
empirical data. The authors offer recommendations for maintaining a balance between
secularism, human rights, and religious traditions.
Keywords:
Uzbekistan, freedom of conscience, state policy, religion, family institution,
marriage, legal regulation, secular state, religious minorities, legislation.
Introduction
The Republic of Uzbekistan, with its multi-confessional population and rich religious
traditions, pursues an active state policy in the religious sphere, aiming to ensure a balance
between the secular nature of the state, citizens’ rights, and the need to maintain public
stability. The adoption of the Law of the Republic of Uzbekistan dated February 11, 2025,
“On the Approval of the Concept for Ensuring Freedom of Conscience of Citizens and State
Policy in the Religious Sphere” represents a significant stage in institutionalizing approaches
to regulating religious life in the country. This normative legal act not only establishes the
strategic guidelines of the state’s religious policy but also directly influences other social
institutions — primarily the family as the fundamental unit of society.
The relevance of the present research lies in the need for scholarly reflection on how the
implementation of the 2025 Concept affects the regulation of the family institution, including
the legal and sociocultural aspects of marriage, parenthood, and the socialization of all family
members. Of particular importance in this context is the analysis of intersections between
freedom of conscience as an individual right and family obligations, which are often shaped
by religious beliefs.
The purpose of this article is to explore the content and implications of state policy in the
religious sphere, as outlined in the 2025 Concept, through the lens of the family institution.
The research objectives include:
Analyzing the legal framework for freedom of conscience and regulation of the religious
sphere;
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-
Identifying historical and political contexts of state policy;
-
Examining the influence of religious norms on the family institution;
-
Reflecting on interdisciplinary approaches to the study of the outlined issue;
-
Formulating practical recommendations for ensuring human rights and the resilience
of the family institution in the context of a growing religious factor.
The research methodology relies on a combination of legal analysis of normative acts,
sociological reflection on transformations in state policy, and a sociocultural approach to
understanding the role of religion in the everyday lives of citizens. It incorporates data from
comparative law, expert opinions, sociological research findings, and academic publications.
State Policy in the Religious Sphere: Historical and Political Context
The state policy in the religious sphere of Uzbekistan has been shaped at the intersection of
Soviet legacy, Islamic tradition, and the post-Soviet ideology of nation-building. After
gaining independence in 1991, Uzbekistan faced the complex task of developing a secular
model of interaction with religious institutions amid the revival of Islamic values and the
growing religious activity of the population.
Freedom of conscience and religion is one of the fundamental human rights enshrined in the
Constitution of the Republic of Uzbekistan. According to Article 31 of the Constitution,
“Everyone shall have the right to freedom of conscience. The right to profess any religion or
not to profess any religion at all shall be guaranteed. No one shall be forced to adopt a
religion or to renounce it
.” This provision reflects the universal norms of international law,
particularly Article 18 of the Universal Declaration of Human Rights (1948) and the
International Covenant on Civil and Political Rights (1966)
, to which Uzbekistan is a party,
confirming its commitment to internationally recognized legal standards.
In the early years of independence, the main priority of the state was the establishment of
secularism as the foundation of the public order. In this context, religion was simultaneously
regarded as an element of cultural heritage. As scholars such as B. B. Safarov note, “against
the backdrop of growing religious self-awareness, the state adopted a strategy of cautious
recognition of the religious component while maintaining control over its institutional
expressions
.”
The events of the late 1990s and early 2000s, including the threat of religious extremism, led
to a tightening of the legislative and administrative framework. The 1998 Laws “On Freedom
of Conscience and Religious Organizations” and “On Countering Extremism” established the
boundaries of permissible religious activity. As part of the fight against radicalism, a system
of monitoring and prevention was developed, particularly concerning Muslim groups
operating outside the framework of the Muslim Board of Uzbekistan.
However, since 2016, following the change in political leadership, religious policy in
Uzbekistan has entered a phase of liberalization. The new direction emphasized openness,
tolerance, and respect for spiritual values. Registration procedures were simplified,
1
Constitution of the Republic of Uzbekistan (as amended in 2023) // National Database of Legislation. — URL:
https://lex.uz (last accessed: 29.04.2025).
2
International Covenant on Civil and Political Rights. — Published on the website:
https://lex.uz/en/docs/2638212
(last accessed: 29.04.2025).
3
Safarov, B. B. Religious Policy in Central Asia: Trajectories of Evolution // Journal of Comparative Politics. —
2020. — No. 3. — Pp. 45–59.
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international contacts with Muslim and interfaith organizations were intensified, and the
focus shifted from repressive measures to religious education and prevention.
A pivotal moment was the adoption of the “Uzbekistan Development Strategy – 2030”,
within which freedom of conscience was given a significant role among the priorities of legal
and social modernization. In this context, the adoption of the 2025 Concept became a logical
continuation of efforts to renew the institutions of state religious policy, aimed at
safeguarding citizens' rights and strengthening social harmony.
The Institution of the Family in Uzbekistan: traditions and transformations
The family is a fundamental institution in any society. In Uzbekistan, the institution of the
family represents a complex socio-cultural construct in which norms of secular legislation,
Islamic prescriptions, customary practices (adat), and modern notions of human rights are
intertwined. Since gaining independence in 1991, the legal regulation of family life has
evolved toward the consolidation of universal norms of family law, while maintaining a
degree of adaptability to the local cultural context.
The legal foundation of the family institution is the Family Code of the Republic of
Uzbekistan, adopted in 1998. The Code establishes the equality of spouses, the voluntariness
of marriage, the requirement for official state registration of marriage, as well as legal
guarantees for the protection of the rights of the child, mother, and father. It contains
provisions that explicitly exclude legal recognition of polygamy and religious marriages if
they are not registered in accordance with the law. This approach reflects a commitment to
the secular nature of the legal system and the primacy of positive law.
However, in practice, family life in Uzbekistan is often also governed by informal religious
and traditional norms, especially in rural areas and patriarchal communities. Studies show
that marriages performed under Sharia (nikah), the practice of polygyny, and adherence to
Islamic rituals remain widespread, despite their legal irrelevance. In some cases, this leads to
conflicts between actual family relationships and their legal recognition by the state.
This results in a dual regulatory reality: formal law is based on secular norms, while everyday
practice often follows religious-ritualistic canons. This gives rise to problems such as the lack
of legal protection for women in religious marriages, difficulties with inheritance, child
registration, and access to social benefits. From a legal-sociological perspective, this situation
illustrates how religious norms continue to function as a parallel normative system.
Ensuring the sustainability of the family institution represents one of the key objectives of the
state’s social policy, as confirmed by statistical data published by official authorities.
According to information available on the official website of the Agency for Statistics under
the Ministry of Economy and Finance of the Republic of Uzbekistan, 97.4 thousand
marriages were registered from January to June 2024. Although this figure reflects a slight
decrease compared to the same period in 2023 (by 1.2 thousand), there is a steady long-term
increase — 21.8 thousand more than in 2020. Of these marriages, 51.4% were registered in
urban areas and 48.6% in rural areas. The average age at marriage was 22.9 years for women
and 27.8 years for men, with 76.2% of brides being women under the age of 25.
Divorce statistics also point to a number of social challenges: in the first half of 2024, 22.5
thousand divorces were registered, of which 61.6% occurred in urban areas and 38.4% in
rural areas. Particularly alarming is the high rate of divorce among young women, with
64.1% of all divorces involving women under the age of 35. Below is a graphical
representation of marriage and divorce rates in Uzbekistan for the years 2020–2024:
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Сравнение количества браков и разводов (2020 и 2024) — демонстрирует рост по
обоим направлениям, особенно по числу разводов.
The diagram above illustrates the distribution of divorces based on the presence of children
for the period of January–June 2024. According to the data provided by the Agency for
Statistics of the Republic of Uzbekistan, 22.5 thousand divorces were officially registered
during this period, with the largest share — 10,479 cases (46.6%) — accounted for by
childless marriages. This trend warrants particular attention from the perspective of legal
regulation of marital and family relations, as well as the potential influence of traditional-
religious norms on spousal behavior.
According to Article 42 of the Family Code of the Republic of Uzbekistan
, a marriage may
be dissolved either by mutual consent of the spouses or in the event of the impossibility of
further cohabitation and preservation of the family. The law does not limit the grounds for
divorce to purely social or economic causes — the key criterion is an “irreconcilable
breakdown” in the relationship.
4
Family Code of the Republic of Uzbekistan, adopted on April 30, 1998, No. 607-I (as amended in 2023) //
National Database of Legislation. URL: https://lex.uz/ru/docs/104165
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In the case of childless marriages, the divorce process may be comparatively less burdensome:
there are no issues related to parental rights, custody, or child support, which often simplifies
both the formal and emotional aspects of separation. This may be one of the reasons for the
high percentage of divorces among couples without children.
However, beyond legal factors, religious and cultural attitudes can also exert significant
pressure on spouses, particularly regarding fertility. In traditional Uzbek society, where the
continuity of lineage and childbirth remain core functions of the family, childlessness may be
perceived as a deficiency in the union, potentially prompting divorce — either at the initiative
of one spouse or under the influence of extended family members.
Although the legislation of Uzbekistan does not differentiate between childless and parental
marriages with regard to divorce procedures, societal attitudes and unwritten norms rooted in
religious and cultural views may exert considerable pressure on decisions to dissolve a
marriage. This is particularly relevant in rural areas, where social control by the community
and extended family networks tends to be more pronounced than in urban environments.
Academic Debate: Scholarly Assessments
The academic analysis of state policy in the religious sphere and its interaction with the
institution of the family in the Republic of Uzbekistan continues to attract sustained interest
from scholars across various disciplines — including legal studies, religious studies,
sociology, and political science.
According to the viewpoint of academician A. Kh. Saidov, the relationship between the state
and religious organizations in Uzbekistan is fundamentally legal in nature. First, the state
defines the legal norms that determine the status and role of religious organizations within the
state and society; second, it creates the necessary conditions for their normal functioning; and
third, it monitors the implementation of legislation on freedom of conscience and religious
organizations
.
At the same time, Professor of Law N. Zh. Yusupova, in her article “Fundamental Principles
of Islamic Law in Strengthening Family Relations”, presents a comprehensive perspective on
the coexistence of secular and religious norms in family legal relations in the context of
Uzbekistan. In her view, the ultimate goal of Uzbekistan’s family policy is the spiritual
elevation of the nation, and the promotion of the country’s socio-economic development
through moral values and ethical standards. She writes: “In shaping and elevating the unique
spirituality of any nation, the role and influence of the family are incomparable. This is
because the purest and most crystalline human emotions, as well as one’s first ideas and
perceptions of life, are primarily formed within the family environment. The foundation of
such sacred notions as kindness and nobility, love, honor, and shame — which define a
child's character, nature, and worldview — is undoubtedly laid within the family”
In his article “Religious Tolerance as a Key Feature of Public Life in Uzbekistan”, Islamic
studies scholar Muhammadolima Muhammadsidikov analyzes the conditions for the
development of Uzbekistan’s ethno-confessional environment, outlines the key directions of
5
Speech by Akmal Kholmatovich Saidov, Director of the National Center of the Republic of Uzbekistan for
Human Rights, at the OSCE Human Dimension Implementation Meeting (September 22 – October 3, 2014,
Warsaw). The Right to Freedom of Thought, Conscience, Religion and Belief. Available at:
https://www.osce.org/files/f/documents/a/4/124819.pdf
6
Yusupova, N. Zh. Fundamental Principles of Islamic Law in Strengthening Family Relations. Published in the
bulletin Russia and the Muslim World, 2018, Issues No. 1 (307) – No. 4 (310).
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state policy toward this phenomenon, and defines the significance of tolerance toward
existing religious denominations for fostering a constructive space for dialogue.
According to the scholar, the state, in its relationship with religious organizations, adheres to
a secular model and follows the following principles:
First, respect for the religious sentiments of believers, recognizing religious beliefs as a
private matter for individuals or their legitimate associations;
Second, the guarantee of equal rights and the inadmissibility of persecution of citizens —
whether they profess religious views or not;
Third, the necessity of engaging in dialogue with various religious groups in order to utilize
their potential in the processes of spiritual renewal and the affirmation of universal moral
values.
There is also a notable interest in the situation in Uzbekistan within foreign academic
literature. For instance, international researcher Dr. Laura Yerekesheva characterizes the
country’s religious policy as an example of a unique socio-cultural phenomenon. In her
article, she briefly addresses the issue of the cultural identity of the region’s nomadic
populations, which is based on a blend of various religious beliefs (such as shamanism, the
cult of Tengri, Islam, etc.), many of which continue to exert influence on contemporary life
and consciousness.
The role of religion is critically examined through the lens of systemic functionalism theory,
which posits that religion, as the foundation and core characteristic of a cultural system,
transmits its key features into other systems, including the social one. It can be argued that
there is no culture without religion, and no religion without culture — a notion that remains
relevant even in modern times. Although secularization, the evolving perception of religion,
and the tendency toward spirituality rather than strict religious dogmas have introduced a new
dimension, religion’s cultural function persists.
In this respect, broad cultural identity cannot be fully understood without considering the
historical role of religion(s) in the development of a given culture. Today, even as religion is
pushed to the margins of the cultural system and public life in secular societies, it still retains
the potential to influence consciousness — whether through enduring religious traditions,
newly constructed salvific religious frameworks, or under the guise of spirituality and
mythological thinking, where a distinct religious dimension can also be discerned
Recommendations and Pathways for Harmonization
An analysis of the legal and socio-cultural interaction between freedom of conscience and the
institution of the family in Uzbekistan reveals not only normative challenges but also deep-
rooted ideological and cultural divergences that necessitate a flexible and balanced legal
policy. Based on the findings of this study, the following recommendations are proposed:
1)
Improving the Legal Framework for Marriage and Family Relations with
Consideration of the Religious Factor. Development of interpretive mechanisms for the
7
M. Muhammadsidikov. Religious Tolerance as a Key Feature of Public Life in Uzbekistan // Bulletin of
Chelyabinsk State University. 2009. No. 40. Available at: https://cyberleninka.ru/article/n/religioznaya-
tolerantnost-kak-glavnaya-cherta-obschestvennoy-zhizni-uzbekistana (accessed: April 29, 2025).
8
Dr. Laura Yerekesheva. Religious Pluralism and Syncresm in the History of Central Asia: an overview. Oregon
University (Eugene, USA) 8 May 2009/ www. academi. edu. 2025.
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application of family legislation in cases where daily practices are shaped by citizens’
religious beliefs (e.g., nikah marriages).
2)
Introduction of legal norms that allow for the voluntary coordination of religious rites
with state law, without granting them legal force outside of formal registration, but permitting
their consideration during judicial proceedings. Strengthening Guarantees of Freedom of
Conscience in the Family Sphere.
3)
Enshrining in legislation the principle of non-discrimination based on religion within
the family, including in interpersonal relations between spouses, property division, and
decisions regarding child visitation following divorce. Developing Educational and
Awareness Mechanisms
4)
Integration of legal education elements into school and university curricula on both
secular and religious approaches to the family, with an emphasis on mutual respect and legal
pluralism. Support for research projects and academic publications focused on the
comprehensive study of family transformation amid rising religiosity.
5)
Developing Indicators to Assess the Effectiveness of Religious Policy in the Family
Context. Conducting monitoring and empirical research reflecting the impact of state
religious policy on marital stability, the protection of women’s and children’s rights, and the
prevalence of alternative forms of marriage.
Achieving a sustainable balance between freedom of conscience, secular legal principles, and
socio-cultural traditions requires comprehensive and adaptive mechanisms. Harmonization of
these domains is possible only through dialogue, mutual respect, and institutional sensitivity
on the part of the state toward the religious and family realities of contemporary Uzbekistan.
References:
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in 2023) // National Database of Legislation. URL:
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//
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Religion
and
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https://www.osce.org/files/f/documents/a/4/124819.pdf
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Uzbekistan // Bulletin of Chelyabinsk State University, 2009, No. 40. URL:
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obschestvennoy-zhizni-uzbekistana
(accessed: April 29, 2025).
