The Complex Relationship Between Religion And Governance In Afghanistan

Afghanistan is an Islamic state, with the constitution establishing Islam as the official state religion. The country's laws are based on Islamic law, or Sharia, and the constitution states that no law can be contrary to the tenets of Islam. While the constitution stipulates that followers of religions other than Islam may exercise their faith within the limits of the law, in practice, religious minorities face official discrimination and societal abuses. The Afghan government does not recognise any of its nationals as non-Muslims, and apostasy, or the act of renouncing Islam, is punishable by death. Christians, in particular, face persecution and are forced to conceal their faith in public.

The Constitution of Afghanistan

The constitution establishes Afghanistan as an Islamic republic, independent, unitary, and indivisible state. It recognises Islam as the sacred religion of the state and stipulates that no law can be contrary to the tenets and provisions of Islam. It also states that followers of other religions are free to exercise their faith and perform their religious rites within the limits of the law.

The constitution provides for an elected President and National Assembly. The President is the head of state and has two Vice Presidents. The President is elected by receiving more than 50% of the votes through free, general, secret, and direct voting. They can only serve a maximum of two terms.

The National Assembly is the highest legislative authority in Afghanistan and consists of two houses: the House of the People (lower house) and the House of Elders (upper house). The House of the People is an elected body with 250 members, while the House of Elders has 102 members who are either appointed by the President or elected from local councils.

The constitution also establishes the Supreme Court as the highest court in the country. It consists of nine members who are appointed by the President for a period of ten years with the approval of the lower house of the National Assembly.

In addition to the three branches of government, the constitution also establishes various commissions and councils, such as the Independent Human Rights Commission of Afghanistan and the Independent Electoral Commission.

The constitution outlines the rights and duties of citizens, including equality before the law, the right to life and liberty, freedom of expression, freedom of religion, and the right to education and healthcare.

The constitution also addresses economic and social issues, such as private property rights, the role of the state in promoting economic development, and the protection of the environment.

Overall, the Constitution of Afghanistan aims to establish a democratic and Islamic republic that protects the rights and freedoms of its citizens while adhering to the principles of Islam.

Religious minorities in Afghanistan

Afghanistan is an Islamic state, with around 90% of the population following Sunni Islam. The remaining population is made up of Shia Muslims and a small number of religious minorities, including Hindus, Sikhs, Jews, and Christians.

The country's religious minorities face official discrimination and societal abuse. The Afghan law does not recognise non-Islamic confessions, and the constitution states that Islam is the religion of the state and that no law can contradict its sacred beliefs and provisions. Apostasy, the act of renouncing Islam, is punishable by death.

Christians in Afghanistan are forced to conceal their faith in public to avoid severe punishment and discrimination. They practise their faith in private homes, alone or in small congregations. There are no public churches in the country.

Hindus and Sikhs have also experienced severe restrictions on their religious freedom under the Taliban. They have been banned from marking religious holidays in public and have faced restrictions on their appearances, such as being forced to wear the burqa or niqab. Many have chosen to leave the country as a result.

The Hazara, a predominantly Shia Muslim ethnic group, have faced discrimination and abuse by successive Afghan governments. They have been targeted by the Islamic State of Khorasan Province (ISKP), an ISIS affiliate, which has carried out numerous attacks on Hazara mosques, schools, and workplaces. The Taliban has failed to provide security for this religious minority, and they continue to face repression, discrimination, and marginalisation.

Baha'is and Christians live in constant fear of exposure and are reluctant to reveal their religious identities. They worship in private to avoid societal discrimination and persecution.

Overall, the religious minorities in Afghanistan face significant challenges and often lack the freedom to practise their faith publicly due to fear of violent reprisal.

The Taliban's treatment of religious minorities

Afghanistan's religious minorities live in fear of the Taliban and brace for persecution. The Taliban has a history of targeting and killing individuals because of their beliefs or their links to the Afghan government, and religious leaders have been threatened with death for preaching messages contrary to the movement's strict and austere interpretation of Islam.

The Hazara community, a mostly Shiite Muslim minority, has been brutally oppressed by the Taliban. A member of this community said, "I try to live in the shadows... Sooner or later, they will come for me." The United Nations human rights chief, Michelle Bachelet, warned that "Afghanistan's diverse ethnic and religious minorities are at risk of violence and repression" given the Taliban's history and reports of killings and targeted attacks.

The Taliban has also targeted Sikhs and Hindus in Afghanistan, who have faced religious persecution, discrimination, and violence. The majority of the once-thriving community of thousands fled to India, Europe, and America during the decades of war and the rise of the Taliban in the 1990s. Community leaders estimate that there are only about 550 Afghan Sikhs and Hindus left.

Christians in Afghanistan also face severe punishment and discrimination. They are forced to conceal their faith in public or risk harsh punishment. Most Christians in Afghanistan choose to hide their faith to avoid legal and societal violence against non-Muslims. Since the Taliban took control of Afghanistan in 2021, Christians have been driven further into hiding by threatening messages and house visits from Taliban militants.

The Taliban claims that the religious and civil rights of all minorities in Afghanistan are protected and that all Sunnis, Shiites, Sikhs, and Hindus practice their religion freely. However, religious minorities in Afghanistan continue to face threats and attacks, and the Taliban has been criticized for failing to protect these communities and provide necessary assistance to victims and their families.

Apostasy laws in Afghanistan

Afghanistan's apostasy laws are rooted in the country's constitution and penal code, which establish Islam as the state religion and stipulate that followers of other religions may exercise their faith within legal boundaries. Conversion from Islam to another religion is deemed apostasy and is punishable by death, imprisonment, or property confiscation, according to the Sunni Hanafi school of jurisprudence. Here is a detailed overview of apostasy laws in Afghanistan:

Legal Framework

Afghanistan's legal system recognises Islam as the state religion and incorporates Sharia law, which serves as the basis for punishing blasphemy and apostasy. Article 130 of the Afghan Constitution requires courts to apply Hanafi Sunni jurisprudence for apostasy cases. Additionally, Article 1 of the Penal Code mandates that hudud crimes, including apostasy, be punished according to Hanafi jurisprudence.

Penalties for Apostasy

The prevailing Hanafi jurisprudence, as interpreted by Islamic scholars, prescribes the death penalty for apostasy. However, a judge may impose alternative punishments, such as short-term imprisonment, lashes, or property confiscation, if there is doubt about the apostasy or if the individual repents and returns to Islam.

Implementation and Enforcement

The Taliban, who regained control of Afghanistan in 2021, have historically interpreted apostasy laws strictly. They consider individuals who preach against their interpretation of Islam or criticise the Taliban as 'apostates'. During their previous rule, the Taliban imposed their interpretation of Islamic law, establishing a Ministry for the Promotion of Virtue and Prevention of Vice to enforce religious edicts.

Impact on Religious Minorities

Apostasy laws have severe consequences for religious minorities in Afghanistan. Christians, who make up a small community, face the necessity of concealing their faith to avoid severe punishment and discrimination. Baha'i practitioners and converts are also viewed as 'infidels' or 'apostates' and subjected to persecution. Additionally, the Taliban's interpretation of Sharia law and their policies have led to the harassment and targeting of non-Muslim minorities, including Sikhs, Hindus, and Christians.

International Response

The international community has expressed concern over Afghanistan's apostasy laws and their impact on religious freedom. The United States Department of State has worked with the Afghan government to promote religious freedom and protect religious minorities. Additionally, organisations like the European Union Agency for Asylum have recognised the risks faced by individuals accused of apostasy and blasphemy, providing guidance for asylum applications.

Afghanistan's treatment of Christian converts

Afghanistan has a long history of religious persecution, particularly of Christians, who have historically comprised a small community in the country. The Islamic Republic of Afghanistan does not recognise any Afghan citizen as Christian, and the Taliban, who seized control of the country in 2021, have declared that there are no Christians remaining in Afghanistan. However, there is a small underground community of Afghan Christians, who are forced to practice their faith in private to avoid persecution.

The Afghan constitution establishes Islam as the state religion and stipulates that followers of other religions may exercise their faith within the limits of the law. However, conversion from Islam to another religion is considered apostasy, which is punishable by death, imprisonment, or confiscation of property. As a result, Christian converts in Afghanistan face intense governmental and societal pressure and scrutiny, and they are subject to regular raids on their homes by the Taliban. They also frequently receive threats against their jobs and families and lack access to educational opportunities.

The Taliban is working to completely erase Christianity and other religious minorities from the country, and they are offering financial compensation to anyone who reports on Christians. Christians captured by the Taliban "courts" face brutal torture and even death unless ransomed by their families.

The few Christians who remain in Afghanistan are in hiding from Taliban sweeps, and many have fled the country, seeking asylum in other countries. Those who remain practice their faith in private homes, as there are no public churches in Afghanistan.

The treatment of Christian converts in Afghanistan is extreme, and they face very real and deadly threats because of their conversion. In some cases, Christian converts are attacked and even killed by their own family members, who are ashamed that one of their own has become a Christian.

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