Legal Framework

The constitution declares the country a secular state and “religious associations shall be separate from the state and shall not interfere in state affairs.”  According to the constitution, everyone has the right individually or jointly with others to profess any religion or no religion, and to take part in religious customs and ceremonies.

The establishment and activities of religious associations promoting racism, nationalism, enmity, social and religious hatred, or calling for the violent overthrow of constitutional order and organizing of armed groups is prohibited.  The constitution states, “The citizen shall have the right to participate in the creation of political parties, including parties of democratic, religious and atheistic character.”  The constitution prohibits “propaganda and agitation” encouraging religious enmity.  In accordance with provisions of the constitution, no ideology of a political party, public or religious association, movement, or group may be recognized as a state ideology.

The law prohibits provoking religiously based hatred, enmity, or conflict, as well as humiliating and harming the religious sentiments of other citizens.

The law defines extremism as the activities of individuals and organizations aimed at destabilization, subverting the constitutional order, or seizing power.  This definition includes inciting religious hatred.

The law defines any group of persons who join for religious purposes as a religious association.  The government subdivides associations formed for “conducting joint religious worship” into religious organizations and religious communities, which also are defined by law.  In order to operate legally, both are required to register with the government, a process overseen by the CRA.

A religious association is a voluntary association of followers of one faith, with the purpose of holding joint worship and celebration of religious ceremonies, religious education, as well as spreading religious beliefs.  In order to register a religious association, a group of at least 10 persons over the age of 18 must obtain a certificate from local authorities confirming adherents of their religious faith have lived in a local area for five years.  The group must then submit to the CRA proof of the citizenship of its founders, along with their home address and date of birth.  The group must provide an account of its beliefs and religious practices and describe its attitudes related to education, family, and marriage.  It must also provide documentation on the health of its adherents.  A religious association must provide information on its religious centers such as mosques, central prayer houses, religious educational institutions, churches, and synagogues.  The group must specify in its charter the activities it plans to undertake, and once registered as a religious association, must report annually on its activities or face deregistration.

A religious community is a voluntary and independent association of citizens, formed for the purpose of holding joint worship and the satisfaction of other religious needs.  Types of religious communities include Friday mosques, five-time prayer mosques, prayer houses, and places of worship.  A religious community functions on the basis of a charter, after registering with the CRA without forming a legal entity.  The nature and scope of its activities are determined by the charter.  Religious communities are required to register both locally and nationally and must register “without the formation of a legal personality.”  A religious community must adhere to the “essence and limits of activity” set out in its charter.

A religious organization is a voluntary and independent association of citizens, formed for the purpose of holding joint worship, religious education, and spreading of religious faith.  Types of religious organizations include the Republican Religious Center, central Friday mosques, central prayer houses religious education entities, churches, and synagogues.  Religious organizations are legal entities and function on the basis of charters.  They can be a district, city, or national organization.

The law provides penalties for religious associations that engage in activities contrary to the purposes and objectives set out in their charter, and assigns responsibility to the CRA for handing down fines for such activities.  The law imposes fines for carrying out religious activities without state registration; violating its provisions on organizing and conducting religious activities; providing religious education without permission; performing prayers, religious rites, and ceremonies in undesignated places; and performing activities beyond the purposes and objectives defined by the charter of the religious association.  For first-time offenses, the government fines individuals 350 to 500 somoni ($37 to $53), heads of religious associations 1,000 to 1,500 somoni ($110 to $160), and registered religious associations, as legal entities, 5,000 to 10,000 somoni ($530 to $1,100).  For the same offenses repeated within a year of applying first fines, fines are increased to 600 to 1,000 somoni ($64 to $110) for individuals, 2,000 to 2,500 somoni ($210 to $270) for heads of religious associations, and 15,000 to 20,000 somoni ($1,600 to $2,100) for registered religious associations.  If a religious association conducts activities without registering, local authorities may impose additional fines or close a place of worship.

In late 2017 parliament amended the Law on the Freedom of Conscience and Religious Associations, which entered into force in January.  According to these amendments, restrictions on freedom of conscience and religion are allowed only to ensure the rights and freedoms of others, public order, protection of foundations of the constitutional order, security of the state, defense of the country, public morals, public health, and the territorial integrity of the country.

The amended law states that freedom of conscience and worship may only be restricted for reasons such as ensuring the rights of others, maintaining public order, ensuring state security, defending the country, upholding public morality, promoting public health, and safeguarding the country’s territorial integrity.  The amendments also stipulate that no party, public or religious association, movement or group may be recognized as state ideology.  Religious activities that promote racism, nationalism, hostility, social and religious hatred, or calling for violent overthrow of the constitutional order or the organization of armed groups are prohibited.  The amended law also says that the state maintains control over the order of religious education in order to prevent illegal training, propaganda, and the dissemination of extremist ideas, religious hatred, and hostility.

The amendments broadly empower the CRA to create regulations to implement state policies on religion, such as establishing specific guidelines for the performance of religious ceremonies.  The CRA maintains a very broad mandate that includes approving registration of religious associations, construction of houses of worship, participation of children in religious education, and the dissemination of religious literature.

The state controls activities of religious associations related to the performance of religious rites, and developing and adopting legal acts aimed at the implementation of a state policy on the freedom of conscience and religious associations.  Religious associations must submit information on sources of income, lists of property, expenditures, numbers of employees and payments of wages, paid taxes, and other information upon request by an authorized state body for religious affairs.

The law recognizes the “special status” of Sunni Islam’s Hanafi school of jurisprudence with respect to the country’s culture and spiritual life.

The CRA is the government body primarily responsible for overseeing and implementing all provisions of the law pertaining to religion.  The Center for Islamic Studies, under the Executive Office of the President, helps formulate the government’s policy toward religion.

The law restricts Islamic prayer to four locations:  mosques, cemeteries, homes, and shrines.  The law regulates the registration, size, and location of mosques, limiting the number of mosques which may be registered within a given population area.  The government allows “Friday” mosques, which conduct larger Friday prayers as well as prayers five times per day, in districts with populations of 10,000 to 20,000 persons; it allows “five-time” mosques, which conduct only daily prayers five times per day, in areas with populations of 100 to 1,000.  In Dushanbe, authorities allow Friday mosques in areas with 30,000 to 50,000 persons, and five-time mosques in areas with populations of 1,000 to 5,000.  The law allows one “central Friday mosque” per district or city, and makes other mosques subordinate to it.

Mosques function according to their self-designed charters in buildings constructed by government-approved religious organizations or by individual citizens, or with the assistance of the general population.  The law states the selection of chief khatibs (government-sanctioned prayer leaders at a central Friday mosque), imam-khatibs (prayer leaders in a Friday mosque, who deliver a sermon at Friday noon prayers) and imams (prayer leaders in five-time mosques) shall take place in coordination with “the appropriate state body in charge of religious affairs.”  The CRA must approve the imam-khatibs and imams elected by the founders of each mosque.  Local authorities decide on land allocation for the construction of mosques in coordination with “the appropriate state body in charge of religious affairs.”  The CRA regulates and formulates the content of Friday sermons.

The law regulates private celebrations, including weddings, funeral services, and celebration of the Prophet Muhammad’s birthday.  The law limits the number of guests and controls ceremonial gift presentations and other rituals.  The law states mass worship, religious traditions, and ceremonies must be carried out according to the procedures for holding meetings, rallies, demonstrations, and peaceful processions prescribed elsewhere in the law.  The law bans the traditional sacrifice of animals at ceremonies marking the seventh and fortieth day after a death and celebrating the return of Hajj travelers.

According to the law, “Individuals and legal entities are obliged to protect the values of the national culture, including the state language, and national dress.”  According to customary interpretation, “national dress” does not include the wearing of the hijab.  The Code of Administrative Violations does not list the wearing of a beard, hijab, or other religious clothing as violations.

The law allows registered religious organizations to produce, export, import, and distribute religious literature and materials with religious content with the advanced consent of appropriate state authorities.  Only registered religious associations and organizations are entitled to establish enterprises to produce literature and material with religious content.  Such literature and material must indicate the full name of the religious organization producing it.  The law allows government authorities to levy fines for the production, export, import, sale, or distribution of religious literature without permission from the CRA.  According to the law, violators are subject to confiscation of the given literature, as well as fines of 1,500 to 3,500 somoni ($160 to $370) for individuals; 2,500 to 7,500 somoni ($270 to $800) for government officials; and 5,000 to 15,000 somoni ($530 to $1,600) for legal entities, a category including all organizations.

The law prohibits children and youth under 18 from participating in “public religious activities,” including attending worship services at public places of worship.  Children may attend religious funerals and practice religion at home, under parental guidance.  The law allows children to participate in religious activities that are part of specific educational programs in authorized religious institutions.

The law requires all institutions or groups wishing to provide religious instruction to obtain CRA permission, but in practice such permission is not granted.  Central district mosques may operate madrassahs, which are open only to high school graduates.  Other mosques, if registered with the government, may provide part-time religious instruction for younger students in accordance with their charter and if licensed by the government.

With written parental consent, the law allows minors between the ages of seven and 18 to obtain religious instruction provided by a registered religious organization outside of mandatory school hours.  According to the law, this may not duplicate religious instruction that is already part of a school curriculum.  The CRA is responsible for monitoring mosques throughout the country to ensure implementation of these provisions.

According to the CRA, parents may teach religion to their children at home provided they express a desire to learn.  The law forbids religious instruction at home to individuals outside the immediate family.  The law restricts sending citizens abroad for religious education and establishing ties with religious organizations abroad without CRA consent.  To be eligible to study religion abroad, students must complete a higher education degree domestically and be enrolled at a university accredited in the country in which it operates.  The law provides for fines of 2,500 to 5,000 somoni ($270 to $530) for violating these restrictions.

The country is a party to the International Covenant on Civil and Political Rights.

Legal Framework

The constitution provides for freedom of religion and worship and for the right of individuals to choose their religion, express and disseminate their religious beliefs, and participate in religious observances and ceremonies.  The constitution separates the roles of government and religion, stipulating religious organizations are prohibited from “interference” in state affairs or carrying out state functions.  The constitution states public education shall be secular in nature.  It provides for the equality of citizens before the law regardless of their religious preference.

The 2016 Law on Religious Organizations and Religious Freedom requires all religious organizations, including those that had registered previously, to register with the MOJ to operate legally within the country.  The law permits only the registration of “religious organizations,” which must have at least 50 resident members above the age of 18.  The law defines a religious organization as a voluntary association of citizens affiliated with a religion, organized to conduct religious services and other rites and ceremonies, as well as to provide religious education, and registered in accordance with the country’s legislation.

According to the law, the State Commission on Religious Organizations and Expert Evaluation of Religious Information Resources (SCROEERIR) is responsible for helping registered religious organizations work with government agencies, explaining the law to representatives of religious organizations, monitoring the activities of religious organizations to ensure they comply with the law, assisting with the translation and publication of religious literature, and promoting understanding and tolerance among different religious organizations.  The law states SCROEERIR must approve all individuals appointed as leaders of religious organizations, although the law does not specify the procedures for obtaining the consent of SCROERRIR.  SCROERRIR operates under the leadership of the grand mufti, who by law is appointed by the government, as are all other senior Muslim clerics.  The deputy chairman of the Cabinet of Ministers for education, health, religion, sports, tourism, science, new technologies, and innovation oversees SCROEERIR’s work.

To register, organizations must submit to SCROEERIR their contact information; proof of address; a statement requesting registration signed by the founders and board members of the organization; two copies of the organization’s charter; a registration fee of 200 manat ($57); and the names, addresses, and dates of birth of the organization’s founders.  Once SCROEERIR endorses an application for registration, it is submitted to the MOJ, which coordinates an interministerial approval process involving the Ministry of Foreign Affairs (MFA), MNB, MVD, and other government offices.  According to government procedures, the MOJ may additionally request biographic information on all the members of an organization applying for registration.  The law states that leaders of registered religious organizations must be citizens who have received an “appropriate religious education,” but does not define that term.  Each branch of a registered religious organization must also register, and the registration process is the same as that which applies to the parent organization.

The tax code stipulates registered religious organizations are exempt from taxes.

The law states the MOJ will not register a religious organization if its goals or activities contradict the constitution or if SCROEERIR does not endorse its application.  The law does not specify the standards SCROEERIR uses to make that determination.  The law assigns the Office of the Prosecutor General to monitor the compliance of a religious organization with the constitution.  The law specifies a court may suspend the activities of a religious organization if it determines the organization to be in violation of the constitution.  The law also states that grounds for dissolution of a religious organization include activities “that violate the rights, freedoms, and lawful interests of citizens” or “harm their health and morale.”

The administrative code covering religious organizations delineates a schedule of fines for conducting activities not described in a religious organization’s charter.

Unregistered religious organizations and unregistered branches of registered religious organizations may not legally conduct religious activities; establish places of worship; gather for religious services, including in private residences; produce or disseminate religious materials; or proselytize.  Any such activity is punishable as an administrative offense by fines ranging from 100 to 1,000 manat ($29 to $290), with higher fines for religious leaders and lower fines for lay members.

The law states MOJ officials have the right to attend any religious event held by a registered religious organization and to question religious leaders about any aspect of their activities.

The administrative code stipulates penalties from 200 to 500 manat ($57 to $140) for officials who violate an individual’s right of freedom to worship or right to abstain from worship.

The criminal and administrative codes provide punishment for the harassment of members of registered religious organizations by private individuals.  According to the administrative code, obstructing the exercise of religious freedom is punishable by a fine up to 1,000 manat ($290) or detention for 15 days.  The criminal code states such an obstruction is punishable with a fine up to 6,500 manat ($1,900) or one year of “corrective labor,” which involves serving in a government-assigned position in a prison near one’s home or at a location away from one’s home.  If an obstruction involves a physical attack, the punishment may entail up to two years in prison.

The law allows registered religious organizations to create educational establishments to train clergy and other religious personnel after obtaining a license to do so.  The Cabinet of Ministers establishes the procedures for obtaining a license.  The law also states individuals teaching religious disciplines at religious educational establishments should have a theological education and carry out their activities with the permission of the central governing body of the religious organization and the approval of SCROEERIR.

Local governments have the right to monitor and “analyze” the “religious situation” within their jurisdiction, send proposals to SCROEERIR to “modernize” legislation on religious freedom, and coordinate religious ceremonies conducted outside of religious buildings.

In June the government amended the family code to ban polygamy, effective September 1.  Under the criminal code, polygamy carries penalties of up to two years of labor or fines of 8,800 to 13,200 manat ($2,500 to $3,800).

The law prohibits the publication of religious literature inciting “religious, national, ethnic, and/or racial hatred,” although it does not specify which agency makes this determination.  SCROEERIR must approve imported religious literature; only registered religious organizations may import literature.  Registered religious organizations may be fined for publishing or disseminating religious material without government approval.  The administrative code sets out a detailed schedule of fines, ranging from 200 to 2,000 manat ($57 to $570), for producing, importing, and disseminating unauthorized religious literature and other religious materials.

The law on religious freedom and religious organizations states religious customs, rituals, and ceremonies may be held on residential property, but the housing code states communal housing should not be used for activities other than habitation.

The law allows local governments, with the consent of SCROEERIR, to make decisions regarding the construction of religious buildings and structures within their jurisdiction.

Religious instruction is not part of the public school curriculum.  The law allows registered religious organizations to provide religious education to children for up to four hours per week with parental and SCROEERIR approval, although the law does not specify the requirements for obtaining SCROEERIR’s approval.  Persons who graduate from institutions of higher religious education, and who obtain approval from SCROEERIR, may provide religious education.  According to the law, citizens have a right to obtain religious education, although obtaining religious education in private settings such as residences is banned.  Persons offering religious education in private settings are subject to legal action.  The law prohibits unregistered religious groups or unregistered branches of registered religious organizations from providing religious education.  The administrative code sets out a detailed schedule of fines, ranging from 100 to 500 manat ($29 to $140), for providing unauthorized religious education to children.

The constitution states two years of military service are compulsory for men over the age of 18.  Per the provisions of the constitution and the law, the government does not offer civilian service alternatives for conscientious objectors.  Refusal to perform the compulsory two-year service in the armed forces is punishable by a maximum of two years in prison or two years of “corrective labor.”  In addition, the state withholds part of the salaries of prisoners sentenced to corrective labor in the amount designated by the court.  Salary deductions range between 5-20 percent.  The law states no one has the right for religious reasons to refuse duties established by the constitution and the law.

The constitution and law prohibit the establishment of political parties on the basis of religion, and the law prohibits the involvement of religious groups in politics.

The law does not address the activities of foreign missionaries and foreign religious organizations.  The administrative code, however, bans registered religious organizations from receiving assistance from foreign entities for prohibited activities, including missionary work.

The law requires religious groups to register all foreign assistance with the MOJ and provide interim and final reports on the use of funds.  The administrative code provides a detailed schedule of fines – up to 10,000 manat ($2,900) – for both unregistered and registered religious groups for accepting unapproved funds from foreign sources.

The country is a party to the International Covenant on Civil and Political Rights.