Muslims of Russia .. between the traditions of Islam and the law

In some areas of Russia, the lives of some Muslims are based on Islamic law, whose provisions often contradict Russian laws. But the Russian authorities are turning a blind eye to some practices of Islamic law for other purposes.

Severely restricting women's rights, polygamy, minor marriages and so-called honor killings and vengeance: examples of violations of Russian laws in areas inhabited by a Muslim majority. However, representatives of elites carrying out leadership tasks in these regions tolerate these violations of Russian law on the grounds that Islamic traditions must be respected.

"The provisions of shari'a have become part of the past in the Volga, Tatarstan and Bashkuristan regions, but they are still being applied in the North Caucasus," said Ahmed Yarlikabov of the Moscow Institute of International Relations. There are legal courts in the mountainous areas of Dagestan, whose judges are chosen by the communities living there and are monitored by a council of Muslim clerics. "The jurisdiction of these courts is usually limited to minor criminal offenses or disputes between spouses, and the family property is divided after the divorce of the spouses."

Russland Leyla Dgabarrova Richterin
Judge Laila Gabrova

But these courts lack merit, in these areas there are only a few who know Islamic law, says the expert from the Caucasus.

Inheritance issues and divorce law

Often, people there turn to Islamic law themselves to resolve their differences. But many perceptions, such as those related to family law, are subject to a great disparity between Islamic jurisprudence and Russian legal legislation, says legal expert Leila Gabrova. "In Russia, the child remains after the divorce of his parents in the custody of his mother, but according to Islamic jurisprudence, he can stay in custody until her marriage again," said Gabrova, a Muslim at a court in Moscow.

These differences also exist in cases of inheritance. Under Russian law, a will may be left, but Islamic law does not stipulate that. "When there are children for the deceased, they get the bulk of the estate, but the girls do not get much," says Gabrova.

Different visions of polygamy

The issue of polygamy, which is not prohibited by Islamic law, contradicts Russian legal legislation. In this context, Ahmed Jarlikabu emphasizes that polygamy is rare among Russian Muslims. "There are exaggerations about the extent of this phenomenon, except for the Republic of Ingushetia, where polygamy is widespread, but even in this republic, only 7 percent of marriages are not recognized by the Russian authorities.

According to Russian sociologist Roman Silantiv, polygamy is practiced only in very special cases: "When you lose her husband's wife, another man can marry her as a second wife to help her solve her problems." I personally understand such cases, .

Leila Gabrova adds that the man is not allowed to marry again unless his first wife agrees. "If the wife is insured, she usually agrees to marry her husband to another, and naturally she does not want to share her husband with another, but their love for God is stronger."

Difficult situation in Chechnya

Russland Flüchtlinge aus Afghanistan und Syrien
Human rights activist Yelena Portina

But Chechnya is particularly prominent in the application of Islamic law. "The biggest violation of Russian laws is the persecution of women and the issues of vengeance," says Yelena Portina of the Russian Refugee Support Organization, "Civil Support." She adds that many Chechen women fleeing their homes are turning to the organization. Their lives are at risk of "honor crimes" if a family member accuses them of committing sins. "In Chechnya, the crimes of honor and revenge are not punished, and only recently has a man who killed his daughter been tried." According to the social activist, the Kremlin is very tolerant of the Chechen leadership, explaining that President Ramzan Kadyrov and his daughter are using Islamic traditions to their own advantage in order to consolidate their authority and cover abuses.

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