Polygyny Between Sharia, Custom and State Law as a Persistent Dilemma in Post-Soviet Kyrgyzstan

This article presents a comprehensive study of the century-long historical and legal evolution of state-imposed prohibitions on the institution of polygyny in Kyrgyzstan. The primary objective of the research is to evaluate the outcomes of a hundred years of repressive policies – originally classified as “crimes of daily life” (bytovye prestupleniya) during the early Soviet era–and to uncover the transformed legal paradoxes of this phenomenon today. Drawing on historical archival materials, Communist Party reports, and contemporary regulatory acts, the authors investigate the fundamental reasons why polygyny persists as a resilient “shadow” institution in Kyrgyz society despite its criminalization. Within the framework of the “legal pluralism” concept, the article provides a detailed analysis of the profound contradictions between state positive laws and actual social norms. The study reveals the ineffectiveness of the articles in the Criminal Code pertaining to polygyny, specifically highlighting the ambiguity of legal terms such as “maintaining a common household” and the resulting failures in investigative practice. Special emphasis is placed on the legal status of religious marriages (nikah) and the dilemma of state registration, examining the issue at the intersection of theological and legal perspectives. Within the theological analysis, the foundations of state restrictions in Islamic law and their conflict with secular legislation are discussed. The study concludes by establishing the institutional ineffectiveness of the repressive model regarding polygyny and provides scholarly findings on the impact of this phenomenon on the socio-legal status of women and the stability of the family institution.