The author having a personal interest in the issues of the Middle East and a
nascent supporter of the rights of women has chosen this topic to present forth
you the contradictory nature present in the Taliban's version of sacred Muslim
law Sharia through which it has been able to run Afghanistan for a term
presently exceeding three years.
The article is significant as it provides
insight into how a government, in the present case an 'illegitimate, terrorist
government' can misinterpret sacred laws to best suit its needs. The present
paper encompasses a whole range of topics commencing from the very roots of the
formation of the Taliban to the contradictions in the original as well as the
Taliban version of Sharia along with the repercussions it is having on every
sector of society be it men, women, education, the functioning of the courts,
etc.
Introduction
Matiullah Wesa, an activist from Afghanistan, was advocating vigorously against
the decision of the Taliban to ban education for girls but was put in prison.
The Sharia law has been interpreted strictly by the Sunni-dominated country and
its repercussions are deeply felt in the country. It has restricted the rights
of people to a great extent and made the lives of people vulnerable. Women being
compelled to dress as per law curtails their liberty, the law restraining the
extent of education a person can achieve by limiting it to 'Islamic law and
Afghan culture'. The list continues as discussed afterward in this short
article. Those who are protesting against it like the figure above Wesa have
been subjected to conviction and other sorts of punishment while the Taliban is
also using sexual assault as a measure against women activists.
What's purely given in the Quran is being misinterpreted to fulfill the
objectives of the Taliban. Taliban's interpretation of Sharia regulation is set
apart by a severe, punitive methodology that wanders from more extensive Islamic
standards and the privileges generally stood to women. Their form is vigorously
impacted by neighborhood customs and a moderate perusing of Islamic messages,
prompting critical basic liberties infringement and deception of what Sharia can
encapsulate in a more moderate and comprehensive setting. Adding to the
grievances, it has even injured the overall economic structure with the economy
contracting by 20.7% in 2021. The number of people needing assistance has risen
to around 29 million as of 2023.
Historical Background Of The Taliban
Amidst the background of the Cold War, when the two super blocs, the United
States of America and the Union of Soviet Socialist Republic were in immense
rivalry towards each other, the seeds of a terrorist organization that would
form a government in a country were fermenting. The Soviet Union, under the
command of Leonid Brezhnev, invaded Afghanistan to support the pro-Soviet
government present there. As the USA was a staunch rival then, it lent covert
military support through its intelligence agency, CIA to the Mujahidins through
Operation Cyclone. For America, it was a war against communism, the ideology it
desperately wanted to disappear from the world, but surely America might be
repenting of its decision to fund an insurgent group has brought repercussions
to itself too.
The Mujahidins, or the Holy Warriors, fought vehemently with the Soviet invaders
coercing its top leadership to withdraw from the war-torn country almost after
10 years of occupation. Mohammad Najibullah who was backed by the USSR was
house-arrested and the Peshawar Accord which gave immunity to the Mujahidins to
form the Islamic State of Afghanistan was signed.
The Taliban, founded by Mullah Mohammad Omar and his disciples emerged in 1992
in the southern province of Kandhar. Their agenda was to implement a strict
version of Islamic Law since the communist government was already ousted.
Between 1992-96 the country witnessed a civil war between factions of Mujahidins
which ruined the country to pieces. Taliban was finally able to seize Kabul in
September of 1996, thereby imposing a stricter version of Sharia Law and
executing Najibullah. Their version of Sharia disallowed small girls from
attending schools, women from work, and retributive execution in public.
9/11 turned the tables for the rule of the Taliban. Omar provided protection to
Osama-bin-Laden which acted as a major irritant for the USA. Ultimately, the USA
invaded Afghanistan on the 7th of October 2001 with its new ally the Northern
Alliance. Hamid Karzai became President after the ouster of the Taliban and
remained in that position for two consecutive terms. When the USA was engaged in
its war in Iraq in 2006, the Taliban saw this as an opportunity to return to the
battlefield. By 14th April 2021, the USA withdrew its troops from Afghanistan
and the Taliban continued to increase its foothold and was finally able to form
its 'interim government' on 15 August 2021.
Taliban Version Of The Sharia Law
Placed at 1st position on the Global Terrorism Index with a score of 8.549 for
2022 to falling at 6th position for the previous year with a score of 7.825, the
figure doesn't augur well for a population of 4.11 crore people who have been
subjected to a brutal version of the Sharia Law.
The terrorist-turned-government of Afghanistan, the Taliban, has coerced the
vulnerable citizens to follow the uncodified version of Sharia according to the
Hanafi School of the Muslim Jurisprudence. It has identical features to that of
Iran which follows only the Janafi form of Jurisprudence. Let's now have a
glance at how the Taliban has enforced its version of Sharia and what
repercussions it has on the various genres under the following sub-heads.
Education
"Read in the name of your Lord who created" (Quran 96:1). Both the sacred book
Quran as well as teachings of Prophet Muhammad emphasized the importance of
education for both men and women. They saw education as a tool for societal
progress and the personal development of women. In fact, Khadijah bint Khuwaylid,
the first wife and follower of Prophet Muhammad was a successful businesswoman
during 595 AD. Aishah, the third and youngest spouse of Muhammad, had made an
immense contribution to the field of Islamic Scholarship.
These real examples
showcase how Islam was a supporter of education for both genders but the Taliban
has restricted the right to education for women to a large extent. Our country
India has realized the importance of education and rightly placed it as a
fundamental right because it is a roadmap for the acceleration of development.
Safeena, a girl who doesn't wish to be identified in one of the interviews she
gave on YouTube, took her University entrance test two weeks before the Taliban
came to power, and was desperately waiting for her results but her dreams were
shattered when the Taliban banned girls from universities. Girls as young as 12
years are not able to access the fundamental right to education. What would
happen to the future of those girls who are yet to garner the basics of
knowledge?
Almost seven months after coming to power, the Taliban assured its people of
re-opening secondary schools for girls on the 21st of March 2022 but two days
before this could be done it crushed the enthusiasm of girls by disallowing
girls above the age of 12 from attending state-run schools. The Ministry of
Education made yet another false promise by assuring those girls that schools
would be open for them once the curriculum as well as the whole organization of
teachings complies with 'Islamic Law and Afghan Culture', but after yet another
waiting period of 6 months it has officially banned girls from attaining
secondary education.
Women have in the recent past protested against this unjust
rule but have met with only gunshots and atrocities at the hands of soldiers.
The Taliban is moving with the motive of segregating society on gender lines but
why is it not paying attention to pertinent questions like, which nation or
organization would recognize its government that can't provide basic amenities
to its 48.3 % female populace.
Rights Of Women
"And they (women) have rights similar to those (of men) over them, and men are a
degree above them" (Quran 2:228)
Islamic lessons, as derived from the Quran and Hadith, initially allowed women
huge freedoms and raised their status in the public arena. For example, Islam
canceled rehearses like female child murder and commanded women's assent in
marriage. The Quran underlines the profound social equality between genders of
people and that the two sexual orientations are similarly responsible for their
deeds before God.
The ultra-conservative Taliban has interpreted the Sharia in its most draconian
form and set forth some harshest rules for women:
- It is mandatory for every woman to wear a burqa or hijab in public.
- Women cannot travel alone without a male guardian (mahram) who would be responsible for them.
- Education beyond 6th grade for women has been prohibited.
- Many women have lost their jobs and the number is continuing.
- They are not allowed to talk loudly.
- Not allowed to wear heels as a man could hear the sound of their footsteps.
- Ministry of Women's Affairs has been terminated.
- Non-adherence to the rules would result in corporal punishments (flogging and stoning) for women or punishment for the male counterpart responsible for them.
Along with these, the women who got divorced from their notorious spouses are
being compelled to reverse the decision and get back to them where they were
subjected to non-stop torture. Stoning has become the deadly punishment for
women who engage in adultery.
In a video released by the British Broadcasting Network, a woman who belonged to
the position of a senior official in the Finance Ministry stated that her
position was taken away from her and given to her brother only because she was a
female. Islam and Hadith have explicitly conferred equal rights on women and men
but the oppression of the former by the terrorist organization is creating a
dreary atmosphere in the theocratic country.
Impact On Men
The Taliban's return to power has been ruthless for each sector of society
including men. The economy has been worst affected with unemployment soaring to
new heights. Males are finding it difficult to carry the load of their families.
Ministry for the Propagation of Virtue and Prevention of Vice has been set up to
regulate the conduct of men in open spaces. Their liberty has been curbed and no
dissent is being allowed. The punishment for dissent has become harsher with
punishments like detention and arbitrary arrests.
Education to boys has been granted but the study is limited to strict versions
of the Quran and to be taught by a mullah (a religious teacher).
Adding to it is the emotional suffering of those fathers who wanted to educate
their girls so that they could have a decent lifestyle and a husband who wanted
to see their women achieving employment and self-dependency. The man has been
made the regulator of conduct for his family. They have been given a hard
choice- to follow the version of Sharia enforced by the Taliban or to provide
their families the autonomy they deserve. It's emotionally constraining for
those men too who have to see their females being stoned or flogged to death or
them being publicly humiliated for not adhering to 'Taliban's self-created
version of Sharia'.
Rape
Islam firmly denounces rape and thinks of it as a grave sin. The Quran stresses
the significance of assent and precludes non-consensual sexual relations. Be
that as it may, a few understandings of Islamic regulations have prompted
hardships in arraigning attackers and safeguarding casualties. Rape is viewed as
a serious offense in Islamic regulation, however the legitimate treatment
changes between various schools of law.
In Hanafi regulation, assault is sorted as a type of unlawful sex (zina) and an
infringement of God's limits (hudud).
On paper, the Taliban acknowledges rape as a crime but hardly any cases of rape
get registered. Taliban has created such a conducive environment where sexual
assault does not lead to even conviction for the accused but a lifelong burden
for the victim. The victim, already a bearer of lifetime trauma is also
subjected to two horrific repercussions for taking a stand against the heinous
crime: honor killings and deprivation from society. Let's talk about a real-life
incident in Afghanistan where a woman was coerced to marry her rapist.
She gave birth to her little girl child behind bars as she was convicted of
adultery. She was charged with adultery because her cousin's husband Assadullah
raped her. On being released, she had to marry her rapist and become the second
wife to a father of 7. Here several such unreported cases are being burnt under
the soil in the resources- rich land. The Taliban has been using sexual offenses
as a weapon to silence the women's movement. Several reports from the UN and
Amnesty International are suggesting that a huge round of sexual abuse is going
unreported.
Opium
It is completely known and evident to all of us that the sacred book of Islam as
well the Afghani 'illegitimate' government on face prohibits the consummation of
narcotics (of which opium is an essential element), yet it is also the reality
that a huge proportion of GDP of Afghanistan depends on opium trade.
The Sharia Court
In a world full of globalization, where its critics claim that it is leading to
the homogenization of 'one dominant culture', the author strictly believes that
it is certainly not the case. In a documentary released on the video platform
YouTube titled 'Swift Justice,' a woman was seen fighting for her right not to
marry her husband's brother after his death. This might seem absurd but if one
checks the documentary out on the platform, one will be able to witness it
themselves. Now why the author is against the critics of globalization because
nowhere is the culture in the US or any Western country where women head the
nation (the apt example being Italian Prime Minister Georgia Meloni) similar to
the situation of women in Afghanistan.
Why does a woman no matter in any religion, country, race, caste, or any such
extraneous consideration not possess the right over herself? If Muhammad's first
wife could be a businesswoman and their third wife a professor of Islamic
scholarship, why can't any mundane girl in Afghanistan possess the right to
decide her fate?
They proudly claim in the video of being liberal and not following the stricter
'Sharia' of earlier times. Isn't this statement as obscure as to say "A woman
got raped because she wore a short dress?"
Conclusion Of The Article
'Taliban completes three years of rule in resources-rich Afghanistan, undertakes
military parade to celebrate its success'
The author was in 10th standard when the author heard of the fact that a
terrorist organization had formed the government in Afghanistan, what irked her
mind instantly was why any country not taking action against it. Now being a law
student and learning the fact in Political Science that 'There are no free
lunches in international relationships', the author has got the answer.
The Sharia Law has been misinterpreted by many governments across the globe,
especially Middle East, to suit their benefits. The original teachings of the
Quran and Hadith never aimed to create the oppressive society created by the
Taliban. It has affected every aspect of the life of Afghani people and made
their homeland an open jail for them. Basic fundamental rights are not available
to the exploited citizens. The whole world can witness its brutalities, yet its
funding is only skyrocketing. Afghanistan is the undisputed largest producer of
opium and has the possession of huge stocks of rich minerals. In addition to
this, countries such as Pakistan, Saudi Arabia, Qatar, UAE, and Gulf countries
provide huge grants to the Taliban.
The author completely fails to understand what might happen if a woman shows her
face in public. Or how could a country achieve efficiency in any field if it's
merely half the population is uneducated and the other half just has to learn
all about religion?
The hypothesis is certainly that which version of Sharia is being implemented by
the Taliban in the name of showing allegiance to Allah is just a tactic to
mislead the masses. The author asked her faculty why the people are showcasing
adherence to such vague laws other than the reason of power and got the right
explanation that the theocratic country's literacy rate is low and rational
thinking about legitimacy or illegitimacy is somewhere a result of education. To
put it simply, if you tell an uneducated farmer the wrong formula for
calculating compound interest he will believe it and feel indebted although he
is the one although he is the one who is getting cheated. Taliban's simple yet
tactical motive is to showcase its 'created' version of Sharia as of divine
origin and get complete obedience from the public.
Have we ever thought from this perspective why the Taliban releases publicly to
the world its unjust practices or why it spends lakhs of dollars on the
maintenance of a specific army whose only job is to regulate the strict
implementation of Sharia? The answer might be that it wishes to send the message
of prowess to the whole world and also to garner funds in the name of religion.
Unfortunately, it can earn those funds and continues to propagate the draconian,
unjust, and barbarous version of the Sharia Law.
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