The Complexities Of Sharia Law In Afghanistan: A Delicate Balance

Afghanistan is ruled by the Taliban, who follow a strict interpretation of Sharia law, or Islamic law. Sharia law is derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith—the deeds and sayings of the Prophet Muhammad. While the Taliban has promised to respect media and women's rights within the framework of Islamic law, their interpretation of Sharia law has raised concerns about human rights violations, particularly regarding women and girls. The Taliban's interpretation includes violent punishments such as public executions, stoning, floggings, and amputations for crimes including adultery and theft.

The Taliban's interpretation of Sharia law

During their previous rule from 1996 to 2001, the Taliban enforced a strict and brutal version of Sharia law, which included violent punishments such as public stoning, whippings, hangings, and amputations. They also banned music and musical instruments, with the exception of a specific type of frame drum, and cut off the hands of thieves. In addition, the Taliban committed massacres against Afghan civilians, denied UN food supplies to starving people, and conducted a policy of scorched earth, burning vast areas of fertile land and destroying homes.

Under the Taliban's rule, women were effectively put under house arrest, barred from education and most sectors of work, and required to wear a burka and be chaperoned by a male relative if they wanted to leave their homes. High-heeled shoes were banned, as were windows on the ground and first floors of homes, and women were forbidden from going on their balconies. Women who disobeyed the rules were flogged in public or executed.

Since regaining control of Afghanistan in 2021, the Taliban has attempted to project a more moderate image, promising to respect women's rights and prevent the country from being used as a base for terror attacks. However, they have since clamped down on rights and freedoms, with women and girls once again facing severe restrictions. The Taliban's supreme leader has ordered judges to rigorously apply their interpretation of Sharia law, which includes corporal punishment for offences such as adultery, false accusation, drinking alcohol, theft, banditry, apostasy, and rebellion. While public floggings and executions have been reported, the situation varies across the country, depending on local ethnic groups and the Taliban presence.

Sharia law and women's rights

Sharia law, or Islamic law, is a set of religious principles that guide the daily lives of Muslims around the world. It is derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith—the deeds and sayings of the Prophet Muhammad. While it provides a moral framework for living, it also acts as a legal system with its own courts, judges, and punishments.

In Afghanistan, the Taliban's interpretation and application of Sharia law have had a significant impact on women's rights and freedoms. Here is an overview of how Sharia law, as implemented by the Taliban, affects various aspects of women's lives in Afghanistan.

Education

The Taliban's interpretation of Sharia law has resulted in restrictions on girls' and women's access to education. During their previous rule from 1996 to 2001, the Taliban barred girls from receiving an education, and there are concerns that they will do so again. In March 2022, the Taliban went back on their promise to allow girls over 12 to return to school. Women's universities have also been closed, and female students have been banned from attending mixed-gender classes.

Employment

The Taliban's strict interpretation of Sharia law has also impacted women's employment opportunities. Women in Afghanistan can no longer work in most sectors. During their previous rule, the Taliban largely barred women from working outside the home. While they have not implemented the same blanket ban this time, the current restrictions on education will inevitably limit women's career prospects.

Travel and Freedom of Movement

Sharia law, as interpreted by the Taliban, restricts women's freedom of movement. Women in Afghanistan now require a male guardian for long-distance travel and are effectively barred from travelling alone. This restriction limits their ability to work, study, or even perform everyday tasks independently.

Dress Code

The Taliban enforce a strict dress code for women under Sharia law. Women are required to cover themselves from head to toe in public, typically with a burqa or hijab. Failure to adhere to these modest dress requirements can result in punishment, as this is considered a violation of the Taliban's morality code.

Social Activities and Public Spaces

The Taliban have been consistently excluding women from public spaces and social activities. Women have been banned from entering parks, funfairs, gyms, and public baths. They have also been prohibited from visiting amusement parks in the capital, Kabul. These restrictions isolate women and limit their ability to participate in their communities.

Legal Rights and Protections

Under the Taliban's interpretation of Sharia law, women's legal rights and protections are limited. For example, in cases of divorce, women must provide a reason for initiating the divorce, such as "incompatibility." Additionally, in cases of inheritance, daughters receive only half the share of inheritance that their brothers receive, as it is expected that men will use their finances to support the women in their family.

Punishments

The Taliban's interpretation of Sharia law includes harsh punishments for various offences. These include public executions, stoning, floggings, and amputations. Women who violate the Taliban's strict moral code or Sharia law are at risk of facing these brutal punishments.

Sharia law and human rights

Since the Taliban took control of Afghanistan, there has been much debate about the compatibility of Sharia law and human rights.

Sharia law, or "the way" in Arabic, is a set of moral and ethical principles derived from the Quran and the sayings and practices of the Prophet Muhammad. It acts as a code for living that all Muslims should adhere to, including prayers, fasting, and donations to the poor. While it is meant to guide Muslims in leading their lives according to God's wishes, some of its principles are seen as contravening human rights, particularly in the case of freedom of speech, freedom of religion, and gender equality.

The Taliban's interpretation of Sharia law includes violent punishments such as public executions, stoning, floggings, and amputations for offences like adultery, false accusation, drinking alcohol, theft, and apostasy. These practices have raised concerns about the future of human rights in Afghanistan, especially for women, who have been barred from education and work and restricted from public spaces.

However, it is important to note that the interpretation of Sharia law varies, and not all Muslim-majority countries implement it in the same way. The ambiguity surrounding how it will be enforced in Afghanistan has caused uncertainty, with Taliban officials remaining vague on the rules and restrictions.

While some scholars argue that Islamic law is incompatible with international human rights standards, others contend that Sharia law is about ethical conduct, worship, and charity, with only a small part dealing with crime and punishment. They emphasize the importance of interpreting Sharia law in a way that respects human rights, particularly the inherent dignity and equality of all humans, the duty to uphold justice, and the protection of oppressed groups.

The question of compatibility between Sharia law and human rights is complex and depends on the specific interpretations and contexts involved.

Sharia law and the Afghan legal system

Sharia law is Islam's legal system, derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith—the deeds and sayings of the Prophet Muhammad. In Arabic, Sharia means "the clear, well-trodden path to water". It acts as a code for living that all Muslims should adhere to, encompassing prayers, fasting, and donations to the poor. Sharia guides Muslims in leading every aspect of their lives according to God's wishes.

In Afghanistan, the Taliban rules that the country will be governed by Sharia law, or Islamic law. The Taliban's interpretation of Islamic law is influenced by the Deobandi strand of Hanafi jurisprudence, which is found in several parts of Southeast Asia, including Pakistan and India. Additionally, the Taliban's interpretation is shaped by their lived experience as a predominantly rural and tribal society.

The Afghan legal system has historically consisted of Islamic, statutory, and customary rules, evolving over centuries. The supreme law of the land is currently Sharia, coexisting with complex legislation stemming from different historical periods. For example, civil law in Afghanistan was developed based on Egyptian models during the monarchy, while other laws were enacted under various regimes, such as the Democratic Republic, the Mujahideen, and the Islamic Republic of Afghanistan.

The Taliban adheres to a strict Hanafi-only approach to Sharia law, disregarding international rights. This stance aligns more closely with Iran's "Ja'fari only" jurisprudential position than with countries like Pakistan, which follows a non-exclusive parliamentary approach to Islamic law. The Taliban has instructed the judiciary to refer to the Mecelle, a late Ottoman codification of Hanafi Mu'amalat, in matters of civil law.

The Taliban operates a three-tiered court structure, consisting of district courts, provincial courts, and a supreme court. District courts, located in most or all districts, hear cases one or two days per week. Provincial courts handle appeals, more complex cases, and highly politicized cases. The supreme court serves as the final court of appeals, although its inner workings are not entirely clear.

The Taliban's interpretation of Sharia law includes harsh punishments for certain offences. These punishments have raised concerns among human rights experts and the international community. The Taliban's supreme leader has ordered judges to enforce aspects of Islamic law, such as public executions, stoning, flogging, and amputation for crimes including adultery, theft, and kidnapping.

The Taliban's return to power

The Taliban has also cracked down on freedom of expression and the media. In March 2022, the Taliban authorities blocked secondary school girls from returning to class, and they instructed government employees to grow beards. In the same month, on the very day that Afghan Islamists promised girls over the age of 12 would return to school, religious leaders ordered the government to reverse this decision.

The Taliban has also shown a heavy-handed approach towards matters of justice and dispute resolution. They have reinstated their Ministry of Vice and Virtue, which oversees matters such as severe restrictions on women's roles in society and bans on music and dress codes for men and women. The Taliban's interpretation of Sharia law includes corporal punishment for offences such as adultery, false accusation, drinking alcohol, theft, banditry, apostasy, and rebellion. These punishments can include public executions, stoning, floggings, and amputations.

The future for Afghans living under the Taliban's rule remains highly uncertain. While most are relieved that the war is over, millions are struggling to survive, with nearly half of the country facing acute hunger. In addition, there is no end in sight to the suffering of the Afghan people, with malnutrition rates increasing, women's rights being curtailed, continuing migration and internal displacement, and the healthcare system crumbling.

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