Volume 02 Issue 05-2022
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International Journal Of History And Political Sciences
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2771-2222)
VOLUME
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05
Pages:
05-12
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ABSTRACT
The historical experience of the world shows that no nation has been able to develop without paying attention to
education. Today, science is also admitted as the first factor in the development of developed countries. During years
of independence, the issue of education has become one of the most important tasks in our country.
KEYWORDS
Freedom of conscience, religious education, enlightenment against ignorance, religious denomination, religious
organization, the church.
INTRODUCTION
Less than a year after gaining independence, the Law
of the Republic “About Education” was adopted. By
1997, a new law and national training program had
been developed in this area. Furthermore, new
academic lyceums and colleges were established
based on these documents. In the higher education
system, bachelors and master’s degrees were formed.
The ongoing consistent reforms in the field of
education have led, first, to positive changes in the
Research Article
THE ESSENCE OF LEGAL ISSUES RELATED TO RELIGIOUS EDUCATION
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
Crossref doi:
https://doi.org/10.37547/ijhps/Volume02Issue05-02
Bobomurod Rustamov
Head of committee of Religious Affairs, Department of Religious Education Institutions and Research Centers,
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijhps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 05-2022
6
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
02
I
SSUE
05
Pages:
05-12
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.458
Publisher:
Oscar Publishing Services
Servi
minds and horizon of citizens. This, in turn, serves to
raise the morale of the younger generation.
The legislation on education adopted in our country is
because the republic is a secular democratic state. In
general, if we look at the relationship between the
countries of the world and religion and religious
education, we can see that a unique picture has
emerged. Depending on the factor of religion and state
relations in politics, states can be divided into the
following groups:
Countries where religion is given the status of a
state religion (Qatar, Pakistan, Costa Rica);
Countries within the framework of church
influence (Denmark, Great Britain, Northern
Ireland);
Secular states or states that pursue the path of
neutrality
in
religious
relations
(Burundi,
Madagascar, Niger, Turkey, Chad);
Countries that do not have official religion
(Argentina, Belarus, Bolivia, Ghana, GFR, Honduras,
Spain, Italy, Cape Verde, Mauritius, Slovakia,
Sudan, Thailand);
Religion is separated from the state by states (USA,
Holland, Peru, Portugal, Russia, France, Ukraine
and Uzbekistan);
Countries that have an agreement with the
Catholic Church (Austria, Hungary, Venezuela,
Haiti, Dominican Republic, Spain, Libya, Malta,
Monaco, Morocco, Poland, San Marino);
Countries that protect legally recognized religious
groups (Spain, Italy, Cape Verde and Czech
Republic);
Religious-collective-structural state (Israel).
The religion of Evangelical Lutheran is the official
religion of the state. Citizens, those who follow this
religion should educate their children in this religion.
Constitution of Norway, Article 2.
Such grouping of states is relative, and in turn, this
determines the approach of that country to religious
education. In particular, religious education in the
German Federation is included in the general education
system, and in all public schools, such education is
compulsory. This rule is enshrined in Article 7 of the
German Constitution. According to it, parents choose
the subject of religious education, depending on their
children’s belief. The state takes control of religious
education, which is taught in the education system.
a)
School work is under state control.
b)
Persons with competence in the upbringing of
children also have the right to decide their
religious education.
c)
Religious education is compulsory in all other
schools except for non-financial schools. It is
impossible to force any teacher to give
religious education against his will. German
Constitution, Article 7.
Volume 02 Issue 05-2022
7
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
02
I
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05
Pages:
05-12
SJIF
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FACTOR
(2021:
5.
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(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.458
Publisher:
Oscar Publishing Services
Servi
In England as well, the Queen of the country is officially
considered the head of the church, the educational
process is carried out in appreciates the values of the
Christian religion. The government finances religious
schools.
Another country in Europe Belgium, in which religious
education is mandatory. In public schools, children are
taught according to the choice of their parents based
on the Catholic and Protestant directions of
Christianity, as well as Islam, one of the religions of
Judaism, or atheist worldview.
When it comes to the CIS countries, although
education is separated from religion, now religious
subjects are introduced in schools as a test in some
states. In particular, since 2009 in Russia, training in
religious subjects has been established in this way.
Over the past years, our republic has carried out a
number of reforms aimed at improving the quality of
religious education, as in other countries of the world.
Within the framework of measures aimed at the
organization and development of the religious
education system in accordance with the world
standards, principally, normative legal acts related to
religious education were developed.
The laws “about education”, “about the freedom of
conscience and religious organizations", the decision
of the Cabinet of Ministers "on the licensing of
activities of religious educational institutions" can be
an example for these documents.
The law "About education" defined the main printouts
of the state policy in the field of education carried out
in our republic. According to it, the education system in
Uzbekistan should have a secular nature. The essence
of this principle is that in the Education system of
Uzbekistan, subjects aimed at promoting religious
views and ideas are not taught. In addition, the
introduction of religious sciences into the curricula of
the state educational system is unacceptable, and
secular education is guaranteed at all stages of
Education. The main thing here is that this rule ensures
the right of citizens to receive secular education
regardless of their attitude to religion.
It is necessary to admit that in secondary schools, high
schools and colleges in Uzbekistan, detailed
information on many religions and their prayers are
given in such subjects as "Religious Studies", "History
of world religions", as well as "Odobnoma"(Courtesy),
"fundamentals of spirituality", "Uzbek literature",
which include examples from the Ayats of Qur’an,
hadiths and religious narrations that help to develop
good qualities such as humanity, patriotism, respect
for parents etc. This therefore, can naturally cause such
questions as why Islamic Religious Knowledge is
included in school program. To answer this question,
we have to remember great hadith collectors imam
Bukhari and Imam Tirmizi, who were main reasons for
Volume 02 Issue 05-2022
8
International Journal Of History And Political Sciences
(ISSN
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2771-2222)
VOLUME
02
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Pages:
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OCLC
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1121105677
METADATA
IF
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5.458
Publisher:
Oscar Publishing Services
Servi
arrival of those hadiths in the Muslim world. They are
considered as the ancestors of the local population and
studying their scientific heritage is a duty of everyone
who live in this land. So their scientific work is taught
at school programs.
As mentioned before, teaching religious subjects at
schools is not allowed in the legislation of the Republic,
but subjects, which provide information about religion,
are exceptions.
In subjects that provide information about religions
was not given preference to any religion. There were
given information about national religions and the
religions with the most followers worldwide. Their
worships and painting is often described in an
encyclopedic way. Also in such sciences, there will be
no spirit of religiosity.
Religious subjects, at the same time are written by
representatives of the same religion in most cases. In
turn, it is studied without leaving any doubt, even if it
is a particle of the fact that the information being
illuminated is an obvious fact. There is also a spirit of
calling in the religious sciences, urging the reader to be
as human as the treatise laid down in the religious
guidelines. Although such subjects are not included in
the education system, they are the main subjects in
educational institutions specializing in special religious
education.
It is known that conscience guarantees the right of
every person to religious education. Still, there are
certain rules and procedures for taking lessons from
religious teachings.
According to Paragraph 3 of Article 3 of the law "about
conscience land and religious organizations”, "the
involvement of underage children in religious
organizations, as well as religion education in a manner
contrary to their discretion, at the discretion of their
parents or persons replacing them, is not allowed".
According to the Civil Code of the Republic of
Uzbekistan, the age of adulthood is 18 years. In the
legislation, taking into account the physiological,
psychological aspects of an adult person, the
implementation of some of their rights can be limited.
Because in adolescents under the age of 18, there are
cases of rapid excitability and various changes in
psychology. Usually, some rights and legitimate
interests of adolescents at this age are acted by their
parents or guardians or sponsors assigned to them.
The above-mentioned norm also states that the
involvement of underage children in religious
organizations is prohibited and does not allow them to
teach religion at their own discretion and against the
will of their parents or legal guardians. However, in our
national legislation it is not covered religious
educational norm of undergraduate with the
permission of their parents.
Volume 02 Issue 05-2022
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International Journal Of History And Political Sciences
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VOLUME
02
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SJIF
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OCLC
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1121105677
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5.458
Publisher:
Oscar Publishing Services
Servi
Therefore, there are some norms help to cover this
rule. In particular, according to Paragraph 2 of Article 9
of the law "about freedom of conscience and religious
organizations" citizens, in order to study at higher and
secondary special religious educational institutions,
they should receive general compulsory secondary
education in accordance with the law of the Republic
of Uzbekistan "about education". General compulsory
secondary education usually lasts from 15-16 years.
According to the above-mentioned rule, it follows that
a child under the age of 15-16 years is required to study
at the general educational stage of the state, and not
in religious educational institutions.
At the same time, in some religious educational
institutions, there are also established cases of the
issue of the maximum age of Education recipients. That
is, there might be established such that the age of
Education recipients does not exceed 35 or 40. In fact,
this situation is against to our current legislation.
Because according to our law “about education”, the
higher age of an individual's education is not
established. At the same time, such a restriction is also
a violation of the freedom of conscience of older
persons. Logically speaking, even older people have
the right to receive religious education. In turn, if the
restriction of the access to education in religious
educational institutions to such persons can cause this
need to be met in an illegal way. For example, by
obtaining religious education individually.
It is known that according to Paragraph 4 of Article 9
of the law "about freedom of conscience and religious
organizations"
studying
religious
education
individually is prohibited. Although the legislation
prohibits individual education, there is no information
in regulatory documents on what is "individual
education” or what conditions are necessary for
maintaining education as “individual”.
Thus, citizens can receive religious education mainly in
higher and secondary specialized religious educational
institutions. It is carried out in accordance with the law
“about freedom of conscience and religious
organizations” on the basis of the activities of religious
educational institutions, the procedure for their
formation, the termination of their activities and the
99th resolution of the Cabinet of Ministers "on the
licensing of activities of religious educational
institutions" adopted on March 1, 2004. According to
him, religious educational institutions that want to
conduct their activities must have a license.
Commission of the Cabinet of Ministers License the
religious educational institutions. This Commission
performs the function of the working div of the
committee on Religious Affairs.
Only legal entities ca apply for the license, which gives
the right to carry out activities in the field of religious
education and the license is for a period of 5 years.
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According to the established procedures, institutions
that require a license must meet certain conditions and
requirements. Including:
Full compliance with the legislation of the Republic
of Uzbekistan;
The existence of premises belonging to property or
other property rights that meet the requirements
established for the implementation of its activities;
Teaching of religious subjects in accordance with
the curriculum and programs agreed with the
committee on religious affairs;
To prevent the youth from being taught against
their will or at the discretion of parents or their
substitute persons (guardians), to carry out illegal
activities such as war, violence, proselytism and
any missionary activities in the process of
Education;
Teaching of religious sciences by individuals with
religious knowledge;
The implementation of the management of
organizations by persons with the appropriate
central authority permission of the religious
education;
Suitability with the committee on the list of foreign
religious educational institutions of interest,
including religious educational institutions in which
graduates can be placed to teach religious
subjects;
Transfer of religious attestation to persons
teaching subjects within the period agreed with
the committee;
Teaching secular subjects in accordance with
established state educational standards and
requirements;
The material funds necessary to ensure the
educational process (or their specific sources) be
available;
To provide the necessary information related to
the licensed activities according to its request;
Use of religious literature published abroad in the
educational process, passed in accordance with
the established procedure;
When conducting inspections in accordance with
the procedure established in the documents, such
as the indication to the supervisory authorities of
license, it will be necessary to fulfill the
requirements of the law.
As can be seen from the above rules, the normative
acts aimed at regulating the religious education
system, along with the proper conduct of the activities
of religious educational institutions, serve to maintain
the security of the state and society and the solidarity
of the nation and religion.
Currently, more than a dozen institutions, which have
license because of the requirements mentioned in the
Republic and registered with the Ministry of Justice,
which are operating in the field of religious education.
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They are Tashkent Islamic Institute, Tashkent
Orthodox spiritual Seminary of the Russian Orthodox
Church and Tashkent Christian-protestant religious
seminary, as well as madrasahs established in all
regions of the Republic.
Since 2000, graduates of Tashkent Islamic Institute and
secondary specialized Islamic educational institutions
have been recruited to mosques operating in the
Republic on a planned basis with the ticket of the
Office of Muslims of Uzbekistan, and since January
2001 for the first time a scholarship has been granted
to students of religious educational institutions.
The diplomas received by graduates who had
previously graduated from religious educational
institutions would allow them to work only in religious
organizations. This would cause certain difficulties for
graduates of religious educational institutions. The
decision of the Cabinet of ministers "on providing
social assistance and benefits in improving spiritual and
educational work and activities in the field of religion"
on August 22, 2003 was an important step towards
eliminating the problems in this issue and ensuring the
stability of the religious sphere.
According to this decision of the government, the
diplomas of graduates of these educational institutions
are considered as state educational documents. It also
takes into an account the educational standards;
educational plans introduced in Tashkent Islamic
Institute and secondary specialized Islamic educational
institutions, as well as the fact that students receive
religious and secular knowledge in accordance with
the accepted state norms. At the same time, these
people have the right to continue their studies in the
state higher education system.
CONCLUSION
The above information shows that a specific legal
framework for the development of the religious
education system in our country, ensuring the
population's need for religious education, has been
formed and is aimed at serving the interests of our
people. This is evidenced by the formation of a specific
school in the field of religious education, which is
considered a component of the rights and freedoms of
citizens in our republic related to the land.
REFERENCES
1.
Constitution of the Republic of Uzbekistan. –
T.: Uzbekistan. 2019. – B.15.
2.
Law “About freedom of conscience and
religious organizations” 30.04.1998.
3.
Law “About licensing activities of religious
education” 99-sonli 01.03.2004.
4.
https://religions.uz/news/detail?id=443
5.
https://religions.uz/pages/view?id=68
6.
National database of legislation 24.09.2020 y.,
03/20/637/1313-son. B.3
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http://www.adolatgzt.uz/news_latest/glavnay
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https://strategy.uz/index.php?news=1014
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Muhammadsidiqov, M. (2018). THe influence of
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