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1.3.Chechnya Announces Transition to Islamic Statehood. What's Next?

On February 3, 1999, Aslan Maskhadov issued an edict introducing Shari'ah rule in the republic 'to the full extent'. He ordered the parliament and mufti's office to draft a constitution based on the Shari'ah within one month.

Some analysts described these measures "a pre-emptive strike" at the opposition which had insisted the president do just that. Opposition leaders intended to reiterate their demands at a public rally in Grozny on February 5. However, Maskhadov's abrupt manoeuvring look more like capitulation, Ilya Maksakov of Nezavisimaya gazeta wrote on February 5, 1999. The question now is whether the office of president will be kept in Chechnya at all, together with popular voting, which are both not envisaged by the Shari'ah.

Ilya Maksakov further notes in his article that, historically, Chechnya had never had Shari'ah rule, while all issues had been resolved by the national council - Mehk Khel. Shari'ah is a school of law adopted by Saudi Arabia and amounts to nothing more than interpretation of Islamic rules, not part of the Koran. Shari'ah judges, who will apparently become highest judiciary authorities in Chechnya from now on were educated in Arab countries. Thus, the process of 'Arabisation' (not Islamisation) of Chechnya so vehemently opposed by state authorities and religious leaders received a new impetus in the republic. Generally speaking, the process of 'Arabisation' could not go on without financial support. Moscow and Grozny openly say that Arab countries finance groups of extremists in Chechnya, while Chechen leaders keep visiting Saudi Arabia. In this context, it becomes obvious whom Aslan Maskhadov lost to.

Maskhadov's decision on the Islamic model for Chechnya caused numerous responses in the media.

Nezavisimaya gazeta (February 9, 1999) reported that the day before Maskhadov's edicts on the political system in Chechnya were announced, the president of the international holding company Kavkazsky obschy rynok (Caucasian Common Market), Hoj-Akhmed Nukhayev, published his programme "On the Fundamentals of State Authority in the Chechen Republic of Ichkeria" in the newspaper Groznensky rabochy.

Nukhayev proposed to establish an assembly of the heads of teips - Mehk Khel - and name it the supreme representative authority in the Chechen Republic by a national referendum. The Mehk Khel should be constituted at the first meeting of the heads of teips, which should also pass an address to the nation requesting to recognise it the supreme body of power. The chairman of the Mehk Khel should also be elected at that meeting.

The position of the chairman is rotated on an annual basis thus ensuring the equal participation of all nine tukhums in the governance.

According to Nukhayev, the president (Eli Da) is the chief executive officer in the state elected directly by secret ballot for a term of nine years from two candidates proposed by the Mehk Khel from the original nine put forward by the tukhums. The president formally comes to office only after the Mehk Khel announces him elected and after he pledges allegiance to the nation on the Koran. The president appoints a prime minister only by consent of the Mehk Khel. He is the commander-in-chief of the Chechen armed forces and may be impeached only by the Mehk Khel as prescribed by Chechnya's laws. The Chechen constitution should be based on the legal and moral principles specified by the Koran, Nukhayev believes, like all areas of legislation, including civil, criminal, finance, commercial, administrative, and laws governing culture, politics, military and other affairs. By the way, ethnic minorities can delegate their leaders to the Mehk Khel too.

Lor Is will be the Chechen legislature consisting of nine elected representatives of the tukhums (one from each) approved by the Mehk Khel. A member of the Lor Is (Lor Da) may be recalled from office early only by decision of the Mehk Khel as prescribed by the legislation.

The judiciary power in the Chechen Republic is exercised by the Just Is - a judiciary authority also consisting of nine elected representatives of the tukhums (one from each) approved by the Mehk Khel. Just Is is the supreme court of the Chechen Republic of Ichkeria and also serves as its constitutional court. A member of the Just Is may be recalled from office earlier only by decision of the Mehk Khel as prescribed by the legislation.

The Riga-based newspaper Chas published an account of developments in Grozny in the first ten days of February on February 10, 1999 as follows:

February 3 - Aslan Maskhadov announces the Shari'ah rule "on the entire territory of the Republic of Ichkeria" starting from 19:00 hours Moscow time. (The Dudayev constitution defined the Chechen Republic of Ichkeria as a secular Islamic state.) The parliament is denied the right to make laws, as "man cannot be a law maker".

February 4 - The congress of the military and political elite in opposition to Maskhadov has nothing but approve this presidential edict.

February 5 - Maskhadov abolishes the office of vice president. This decision was caused by Vakha Arsanov ignoring the presidential warning and attending the congress mentioned above, which, in the opinion of Maskhadov, "seek ascendancy by illegal means".

February 7 - Maskhadov forms the shura and names it the State Council. The council is composed of ex-president Zelimkhan Yandarbiyev, generals Shamil Basayev, Hunkar Israpilov, Vakha Arsanov and others. However, Arsanov claims that he has no intent to "be an accomplice in that farce": "Shura should be independent from the president and not be under him. When introducing the Shari'ah form of government, Maskhadov must assign his powers to the Shura". At the same time, Arsanov claims that he still considers himself vice president and demands to remove a number of "illiterate people having nothing in common wit Shari'ah, indulging in booze and dissipation" from the Shura.

February 8 - Shamil Basayev makes a decision to dissolve the movement he heads, Party of Freedom, since there should be just one party in Chechnya from now on - the party of Allah.

February 9 - The parliament annuls Maskhadov's edict suspending law-making activities of the legislature. The president retaliates by saying, "I have been requesting deputies to develop a Shari'ah based constitution for eight months. However, they wasted time in endless debates".

The political crisis in the republic has not been overcome.

Commenting these reports, political analyst Maria Mamikonyan wrote in the article named "The Caucasian Avalanche" (Slovo, 10.02.99) that Maskhadov found nothing but climb someone else's "ideological horse" lately. He decided to play on his adversary's field proclaiming a Shari'ah based state in a belief that this would assuage contradictions and prevent a civil war.  Perhaps it will. At the cost of resignation of Maskhadov the politician, because Maskhadov is the perfectly wrong man to implement these ideas. By venturing these clumsy steps towards rapprochement, Maskhadov created two severe opposition hotbeds as he was going. The unseated vice-president, Vakha Arsanov, announced he was setting up his own peace-making battalion, while the dissolved parliament declared that the presidential edict was unconstitutional and that he was hardly a proponent of peace and law abidance, even if he didn't want to arm himself.

Journalist Andrei Krasnov wrote in Kommersant-Vlast at that time (16.02.99) that the drive towards the Shari'ah rule in Chechnya smacks of Gorbachev's perestroika. Everyone calls for the immediate introduction of the Shari'ah, but no one can explain reasonably well what it is. Just one week of the speedy transition to the Shari'ah left Chechnya without a constitution, parliament, Higher Shari'ah Court and vice president. The legitimacy of president Maskhadov and Supreme Shari'ah Court have been questioned. That's about all they achieved.

The opposition that was demanding to declare Chechnya an Islamic republic and introduce the Shari'ah is victorious: Aslan Maskhadov has eventually honoured their demands. He did introduce the Shari'ah and announced a new authority - the Shura (council of state), which is to develop a concept of the future Islamic state.

The opposition consisting of influential field commanders approved presidential edicts enthusiastically, but, having refused to join Maskhadov's council, they immediately formed their own Shura.

The opposition announced that they would elect a new, Shari'ah leader of Chechnya. According to a leader of the opposition's state council and ex-foreign minister Movladi Udugov, field commanders would offer this position to Aslan Maskhadov thus demonstrating the absence of any confrontation with the incumbent president.

The former friends-cum-rivals have engrossed themselves in the intricacies of a theological dispute. This seems to be a great challenge for them, Kommersant-Vlast snickers. Maskhadov's press secretary Mairbek Vachagayev lamented that there are very few educated men in Chechnya as compared to armed men.

Maskhadov promised to build something like a secular Islamic state, that is, to preserve all branches of power and institutions by 'painting them green'.

Shamil Basayev retorted, "Secular Islam won't do". This leads to a conclusion that the Shari'ah based Chechnya will be led by spiritual leaders or the clergy, not temporal authorities. At the same time, Basayev's ally, Udugov, quickly specified that the clergy should not bother, "Military men do politics in Chechnya". The exact name of the national leader of the future - imam, emir, sheikh or head of the country - doesn't matter, the ex-minister observes.

Still, the opposition admits that it wants to make the president's office little more than a nominal position. It is the Shura that should enjoy the full power, or, the Mehk Shura (council of state), as the opposition leaders call it. Chechen generals and colonels will form (or already form) the backbone of this council.

It's reasonable to assume that the Chechen clergy will find a place for themselves in the Mehk Shura, but their role will certainly be to tailor the directives of field commanders to Islamic laws. Or, vice a versa, to tailor laws to directives, Kommersant-Vlast concludes.

Commenting on the decision of the official Grozny to introduce the Shari'ah law in Chechnya, Dr. of History Aleksei Malashenko, a member of the scientific council at Carnegie Endowment and researcher at the Institute of Oriental Studies, suggested that the effectiveness of this system would be very limited. First of all, Chechnya has no relevant cultural context for this, while the significance of pre-Islamic traditions of highland tribes is still very high. The process of Islamisation had never been completed in Chechnya, and a follow-up supplementary Islamic initiation is under way. Chechen leaders probably hope it to lead to consolidation and order.

The classical Shari'ah, known as Hanbali school, is the governing system only in Saudi Arabia, Dr. Malashenko said. It amounts almost to Wahhabi movement. It is marked by greater harshness and insists on minute observance of all rules. This version of the Shari'ah regulates human behaviour strictly and, among other things requires five prayers a day, whereas other versions allow only three prayers a day under some circumstances.

The Shari'ah is also effective in Yemen, Iran, Libya, Sudan and all monarchies of the Persian Gulf. However, temporal courts are functioning in most those countries alongside Shari'ah courts. Besides, elements of the Shari'ah are included in the criminal and civil law of many countries with predominantly Moslem population. Only Saudi Arabia recognises no secular laws.

The Shari'ah trial, says Dr. Malashenko, involves a complicated procedure. Judges of Shari'ah courts, qadis, are normally the reputable and authoritative sages well-versed in the canon law of Islam.

This system of courts would first require educated and skilled people in Chechnya. To judge anyone by the Shari'ah court in Chechnya today is like making a computer at a clothing factory, Dr. Malashenko commented. (Kommersant-Vlast, 16.02.99)

The same issue carries an opinion of Aslan Maskhadov himself, who believes that the introduction of the Shari'ah will not result in any serious changes in the forms and methods of government in Chechnya. Continuity will be preserved. The reform won't affect the Chechen national tradition. This will be a rather peculiar country different from other Islamic nations. The president elected by popular vote will stay at the helm as a guarantor of Shari'ah reform and independence.

Movladi Udugov believes that the Shari'ah is one of the most democratic judiciary systems. The Shari'ah offers a very detailed code of procedure. He believes that Chechnya should adopt only the Shari'ah, while the learned alims will have to adapt the local Chechen traditions not conforming with it in line with the dominant Islamic system.

On February 24, Nezavisimaya gazeta reported that only three weeks after the declaration of the Shari'ah rule by Maskhadov opposing field commanders elected their leader - Shamil Basayev - as the head of the Shura. There's little surprise in that move, the newspaper noted. Even if the field commanders hadn't had the courage to elect their formal leader, it would have still been clear who headed the opposition to Maskhadov.

Maskhadov retaliated by appointing a new government reportedly seeking an end to the crisis. He also discharged the acting general prosecutor, Mansur Tagirov, and appointed Salman Albakov to that position.

In the meantime, the leader of the state Shura, Basayev, accused Maskhadov of "reprisals against war veterans and supporters of Chechnya's independence" in his first public speech, adding that "instead of uniting the nation, the president brought a religious rift to the nation".

Speaking on the Echo of Moscow radio, Movladi Udugov, for his part, asserted that there were no obstacles to electing a head of the Shari'ah state and that the proposal to Aslan Maskhadov to take that position was still valid. Moreover, Zelimkhan Yandarbiyev and Vakha Arsanov refused to run for any state position, Udugov added.