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How is property distributed in divorce in Tajikistan, or why are courts not concerned about the fate of women?
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Many women in Tajikistan complain about unfair decisions by the courts in the distribution of property during court disputes between men and women.
According to the Supreme Court of Tajikistan, in 2020, the country's courts heard 1,686 appeals by citizens regarding the forced accommodation of divorced women.
According to the Supreme Court of Tajikistan, in 2020, the country's courts heard 1,686 appeals by citizens regarding the forced accommodation of divorced women.
Tahmina is a 32-year-old resident of Fayzabad district
Tahmina has four under-aged children. Two years ago she divorced and left her husband's house. She has been seeking justice in vain for two years, pounding the doors of the courts in Faizabad and Dushanbe. She is trying to defend the rights of her under-aged children to housing.
"I went to court to demand alimony and housing from my ex-husband. The court decided to put me and my children in one room in my husband's house. But I was only able to endure there for two months because there were scandals from my ex-husband and his family almost every day.
They did everything to kick me out of the house. And this despite the fact that his family owns 25 hectares of land, and my children and I have the right to demand a small land plot from them," Tahmina said.
She says she went to court again, but no one from the court defended her interests - they sided with her ex-husband. After Tahmina's long and persistent demands, they initially agreed to grant her the plot of land, but then something happened and her ex-husband's family and court officials changed their minds.
"When I went to court again, the court sided with my ex-husband and advised me to go and live in the room in his house that was allocated to me.
After all my efforts - I spent so much time collecting all the necessary documents and signatures, I prepared a resolution, and there was only one signature from the court left. But they talk their way out of it: come back tomorrow, the day after tomorrow. They don't sign under any circumstances," complained our interlocutor.
"I went to court to demand alimony and housing from my ex-husband. The court decided to put me and my children in one room in my husband's house. But I was only able to endure there for two months because there were scandals from my ex-husband and his family almost every day.
They did everything to kick me out of the house. And this despite the fact that his family owns 25 hectares of land, and my children and I have the right to demand a small land plot from them," Tahmina said.
She says she went to court again, but no one from the court defended her interests - they sided with her ex-husband. After Tahmina's long and persistent demands, they initially agreed to grant her the plot of land, but then something happened and her ex-husband's family and court officials changed their minds.
"When I went to court again, the court sided with my ex-husband and advised me to go and live in the room in his house that was allocated to me.
After all my efforts - I spent so much time collecting all the necessary documents and signatures, I prepared a resolution, and there was only one signature from the court left. But they talk their way out of it: come back tomorrow, the day after tomorrow. They don't sign under any circumstances," complained our interlocutor.
Sanam is another woman from the Yovon district
Sanam has been living in her mother's house with her four children for a year after a family dispute. She says she used to live in a separate house with her husband and children. The land was allocated to them by the government of Yovon District after their marriage, and the house was built by her husband's brothers. But one day, after a heated argument, her husband kicked her and her children out of the house.
"After my husband gave me 'talaq' [a word that confirms divorce in Islam], I decided to go to court because I cannot feed, and clothe my four children alone. For a year now, I have been running around and pounding the doorsteps of the court just to get the house repossessed. But under any pretext, the court employees "whisk me away". They promise: "today-tomorrow", they say that the decision has not yet been made or that the decision has not yet been prepared.
It was only after my continuous demands that they finally decided to forcibly move me into my husband's house," Sanam says.
Sanam has been living in her mother's house with her four children for a year after a family dispute. She says she used to live in a separate house with her husband and children. The land was allocated to them by the government of Yovon District after their marriage, and the house was built by her husband's brothers. But one day, after a heated argument, her husband kicked her and her children out of the house.
"After my husband gave me 'talaq' [a word that confirms divorce in Islam], I decided to go to court because I cannot feed, and clothe my four children alone. For a year now, I have been running around and pounding the doorsteps of the court just to get the house repossessed. But under any pretext, the court employees "whisk me away". They promise: "today-tomorrow", they say that the decision has not yet been made or that the decision has not yet been prepared.
It was only after my continuous demands that they finally decided to forcibly move me into my husband's house," Sanam says.
Illustration: CABAR.asia
However, according to Sanam, her husband's family has registered the land in the name of his nephew's family while the court officers were dragging their feet on her housing case for more than a year. Now they make excuses, saying that the house does not belong to him.
Sanam says she's not going to go to court again because she doesn't believe she'll get anywhere.
"I don't see the need to go to court anymore, because I know that the district court won't help me this time either," she says.
The women say they are treated unfairly in Tajik courts. Tajik law favors women's rights, but the judicial system ignores this. Practice shows that Tajik women are often left without housing when they divorce and return to their parents' homes.
Sanam says she's not going to go to court again because she doesn't believe she'll get anywhere.
"I don't see the need to go to court anymore, because I know that the district court won't help me this time either," she says.
The women say they are treated unfairly in Tajik courts. Tajik law favors women's rights, but the judicial system ignores this. Practice shows that Tajik women are often left without housing when they divorce and return to their parents' homes.
There are many appeals
Many women in Tajikistan complain that in most cases the houses and property of husbands are registered and belong to the parents of the spouse. In other words, women have no rights to a part of the house in case of divorce.
Meanwhile, traditionally in Tajikistan, most women are brought up so that they have no profession, do not work, and are provisioned by the men in their families. And men, as a rule, own the assets and property of the family.
Meanwhile, traditionally in Tajikistan, most women are brought up so that they have no profession, do not work, and are provisioned by the men in their families. And men, as a rule, own the assets and property of the family.
"During the first nine months of this year, 301 people reached out to our organization about this issue. We provided them with legal, medical and psychological support. We helped 196 of them to solve their problems, and with the rest, we conducted explanatory work," Khakberdiyeva said.
Forced housing is not a solution for the women affected, she said. Because in this case, the woman is repeatedly exposed to violence.
Forced housing is not a solution for the women affected, she said. Because in this case, the woman is repeatedly exposed to violence.
"How can a woman enter a house from which she was scandalously kicked out? Children should not be raised in an atmosphere of scandal and conflict."
Experts say that most women who are court-ordered to move into their ex-husbands' homes do not live there because they are attacked by their ex-spouses' families.
Lawyer Zebo Sharipova says the women really have nowhere to go but back to their parents' homes. According to her, most of the homes in which women in their marriages live are mostly owned by their ex-husbands' parents. This makes the problem even more complicated.
Lawyer Zebo Sharipova says the women really have nowhere to go but back to their parents' homes. According to her, most of the homes in which women in their marriages live are mostly owned by their ex-husbands' parents. This makes the problem even more complicated.
"Most women housed by the court order in their ex-husbands' homes do not live there."
"In fact, many divorced women have nowhere to live but in their ex-husband's house. After a divorce, a woman no longer has a place in her parents' house as well. She has to stay and live in the house where she was placed," Sharipova says.
At the same time, some women use this situation to get back at their ex-husband and his family. They get housing, occupy it, close it down, but don't live there.
"Some women move into houses and do not live there themselves. In this case, the woman's ex-husband can go to the appropriate authorities to take action. In this way, they retaliate against the ex-husband and his family, which is also wrong. If they receive housing through the court, they should live there," says Zebo Sharipova.
At the same time, some women use this situation to get back at their ex-husband and his family. They get housing, occupy it, close it down, but don't live there.
"Some women move into houses and do not live there themselves. In this case, the woman's ex-husband can go to the appropriate authorities to take action. In this way, they retaliate against the ex-husband and his family, which is also wrong. If they receive housing through the court, they should live there," says Zebo Sharipova.
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Raihona Khakberdiyeva, head of the NGO "Dilafruz", notes that together with other human rights organizations, they have proposed to the Committee on Women and Family and other relevant government agencies to change some articles of the Family Code.
"We proposed to consider this issue in accordance with logic and our traditions. The proposal was to put the disputed house up for sale and the parties would get their share of the sale.
In other countries, it may not be difficult to live in an ex-husband's house, but in our country it is impossible," she said.
At the same time, she suggests that in cases of family conflict, the relevant authorities should properly investigate each case and take action against the person who is the main perpetrator of domestic violence.
According to Tajikistan's Ministry of Justice, the number of marriages and divorces in the country increased in the first six months of this year.
During this time, 32,489 marriages were registered, which is 2,500 more than during the same period last year. At the same time, there were 6,476 divorces in the first six months of this year, an increase of 990 over the same period last year. According to official data, most families get divorced by court decision.
"We proposed to consider this issue in accordance with logic and our traditions. The proposal was to put the disputed house up for sale and the parties would get their share of the sale.
In other countries, it may not be difficult to live in an ex-husband's house, but in our country it is impossible," she said.
At the same time, she suggests that in cases of family conflict, the relevant authorities should properly investigate each case and take action against the person who is the main perpetrator of domestic violence.
According to Tajikistan's Ministry of Justice, the number of marriages and divorces in the country increased in the first six months of this year.
During this time, 32,489 marriages were registered, which is 2,500 more than during the same period last year. At the same time, there were 6,476 divorces in the first six months of this year, an increase of 990 over the same period last year. According to official data, most families get divorced by court decision.
Women's human rights organizations in Tajikistan are concerned about the growing number of divorces and say that this is a serious problem in Tajikistan that needs to be solved immediately.
This publication was prepared as part of the mentoring program of the "Development of New Media and Digital Journalism in Central Asia" project of the Institute for War and Peace Reporting (IWPR) supported by the British Government. The contents do not reflect the official views of IWPR or the UK government.
