The history of the origins of modern Afghanistan has seen, especially in the last century, a fluctuating trend in the rights of women, who have been granted and revoked personal freedoms according to the various political scenarios – sometimes modernist, sometimes traditionalist – that have been established in the country over the years.
Generally speaking, we can say that in Afghanistan, as in other Muslim majority countries, women are considered inferior and complementary to men both in the public and private spheres. This conception derives from interpretations of the Koran and of various writings with juridical value of the Prophet Muhammad called “hadith”. According to the Islamic tradition of stricter interpretation, the man is worth twice as much as the woman both within the society and before the law. The equivalence between the sexes is valid only in the spiritual sphere, that is before God.
Women’s rights since Afghanistan’s independence
In the first half of the last century, women’s individual freedoms experienced a first easing under the reign of King Amanullah. Since 1919, Afghans have in fact been able to embrace public life and receive an education; the obligation to wear the full veil was temporarily repealed, and marriage laws were revised. In particular, the compulsory nature of marriage, especially early marriage, was abolished, and polygamy laws were made more open regarding women’s freedom.
These liberal reforms resulted from the political influence of Queen Suraya, wife of Amanullah, the only influential female politician recognized in Afghanistan to this date. Her revolutionary approach to women’s rights caused widespread protests within the country, leading to the deposition of the rulers in 1929.
Subsequent governments have continued to ensure a foundation of individual women’s rights, especially in the areas of public life and education. Around the mid-1900s, a small percentage of Afghan women worked as scientific researchers, teachers, doctors, and civil servants.
Afghanistan’s Constitution drafted in 1964 guaranteed universal suffrage and enshrined the right for women to run for office. However, the strong asymmetry between the situation in the cities and the rural areas of the country continued to
exclude most women from Afghanistan’s political life. In the countryside, where a large portion of the total population lived, society was structured on the patriarchal and tribal order, and considered women as mere commodities of the marriage and domestic contract.
RAWA e AWC
In the last quarter of the twentieth century, thanks to the increase in women’s activism and the progressive awareness fueled by expanded education, organizations and associations for women’s rights emerged. These include the Revolutionary Association of Women of Afghanistan (RAWA) and the Afghan Women’s Council (AWC).
The historical context in which these realities developed coincided with the occupation of the country by the Soviet Union. RAWA, in fact, was born as a movement of resistance to the invader, which forced the founder Meena Keshwar Kamal to move the headquarters of the association to Pakistan, where she was assassinated by KGB hitmen in 1987. However, the Association has not stopped exercising its activities in a clandestine manner and continues its fight today through the management of hospitals and mobile clinics, literacy courses for women and schools for children.
In 1978, the government granted equal rights to women in Afghanistan. This meant that they could choose their husbands and careers, and the Afghan Women’s Council was tasked with providing them with social services, education, and professional training. The AWC was the main organization actively engaged in defending women’s rights in Afghanistan. Until the coup by the Taliban and their imposition of Islamic law in the country, the AWC provided access to education for approximately 230,000 Afghan women.
Women’s rights under the Islamic State of Afghanistan
With the occupation of the Taliban, the situation quickly changed. They issued edicts to literally control every aspect of women’s behavior, both in the public and private spheres.
It was forbidden for them to have employment; to appear in public without a full burqa and without being accompanied by a male relative; to participate in political life or other public debates; to receive secondary or higher education. Women have thus been deprived of the means to support themselves and their children. Only female doctors and nurses were allowed – under strict police observation – to work in hospitals or private clinics. These edicts were issued by the Ministry for the
Promotion of Virtue and the Prevention of Vice and enforced through the summary and arbitrary punishment of women by the religious police.
With the revocation of the right to receive education, women’s schools were transformed into exclusively male institutions. In response to being prohibited from participating in civil society, Afghan women responded by opening private schools. In 1998, an edict was issued stating that private education could only cover girls under the age of eight and had to be limited to the teachings of the Koran.
In doing so, the Taliban have voluntarily excluded women from all aspects of Afghan society, especially from education, which reached an all-time low during the period in which they ruled. In fact, the female participation rate was 13% in urban areas and 3-4% in rural areas of the country. The Taliban stated that they were ready to provide education and employment opportunities for women as soon as social and financial conditions were convenient. These conditions for the implementation of a viable Islamic program for women have never been implemented.
The post-Taliban era
In November 2001, NATO intervention drove the Taliban out of the country. Foreign influence in the politics of the rebuilding country raised hopes for an improvement in the level of female involvement in Afghan society, as well as in politics, through female participation in the drafting of the new Constitution.
However, women’s representation within the constitutional assembly was limited because, as Sighbatullah Mojadeddi, head of the “Loya Jirga” assembly for the drafting of the new Afghan Constitution in 2003, pointed out: “God has not given you the same rights as men because, according to his will, it takes two women to count as much as one man”.
The more traditionalist tenets of Islam remained firmly entrenched within Afghan society. In 2004, more than half of the girls under the age of 18 were already married. Many of these girls, among other things, had been forced into a marriage of convenience by their own families. However, the situation was better than during the years of Taliban occupation. In fact, the 2005 parliamentary elections recorded an unprecedented level of female representation.
The Shia Family Law In February 2009, under the presidency of Hamid Karzai, the Shia Personal Status Law, also known as the Shia Family Law, was passed. The president presented the bill directly to the Supreme Court of Afghanistan, without it being discussed within the chambers. The news has created an international sensation because of the contents related to sexual relations between husband and wife, especially those contained in article 132.
The law, in fact, legalizes all cases of premature and coercive marriage at the age of 16, as well as domestic sexual violence, since it legitimizes the husband to demand sexual intercourse from his wife with a maximum frequency of one every four days, except in cases of illness. In addition, inheritance rights are given to the husband, including child custody and access to divorce. Under the Shia Family Law, as was the case at the height of the Taliban occupation, a woman cannot leave the house without an escort or permission from a male relative and must abide by rules of full body and face coverage. Women cannot be educated or seek work without the permission of their husbands, otherwise the husband will refuse to feed and
Reactions to the Shia Family Law
On April 15, 2009, 200 young women gathered in Kabul, Afghanistan, to protest the Shia Family Law. The women completely exposed their faces, inciting people to stone and abuse them. The women in the police force attending the protest were able to protect the protesters from abuse and the march was able to continue.
In the meantime, 300 female religious students who attended the Shiite University of Khatum-ul-Nabieen in Kabul and other elderly women organized a counter demonstration in defense of the new law. According to this second group of women in fact, the women who were protesting against the Shia Family Law were opposing the teachings of the Koran without understanding that this law was based on the loyalty that a wife must maintain towards her husband.
Women’s rights activists attacked the new Shia Family Law. “It is a clear violation of the constitution,” said Soria Sabhrang of the Afghanistan Independent Human Rights Commission in Kabul. “This law will increase violence against women and no woman will have anywhere to go for help.”
Afghanistan’s presidential election likely played a role in Karzai’s signing of the law. His re-election was by no means a sure thing and his influence outside of the capital Kabul limited. Support for Karzai was particularly low in religious circles, which is why many believe the adoption of this law was an attempt to win over the ultra-conservatives.
The United Nations Development Fund for Women, NATO, Canada, the United States, Germany, and other nations have come forward calling for a review of the law as it is believed to oppress Shiite women, depriving them of many basic rights that a woman should enjoy in a marital relationship.
Women in Afghanistan Today
The Shia Family Law affects Afghanistan’s Shia population, which is currently around 15% of the total, or about 6 million people. In spite of international protests, the law currently remains in force, with slight modifications. The age at which it is permissible to take a woman into marriage has been increased from nine to sixteen; temporary marriage has been removed from the provisions of the law, and women can now leave the house without necessarily having to be accompanied by a man, but only in cases of emergency.
However, great progress has been made among Afghanistan’s predominantly Sunni women. Girls make up one-third of the three million children who attend school each year, and for the first time, women can enroll in national universities. However, lack of security, freedom of speech and health care remain a problem for women in Afghanistan, who still see their basic human rights violated on a daily basis. Legal pluralism is the hallmark of Afghan legal reality. The Afghan law is a combination of Islamic law, state legislation and local customary law. The lack of clarity regarding the relationship between these different sources of law and the absence of guidelines on how to solve conflicts between them is still causing many problems in Afghanistan. Despite the existence of a constitution, the socio-legal reality is not reflected in it, and the law in the books does not represent the rules that actually govern the lives of the majority of the population.
For ordinary people and villagers, who make up the majority of the population, tribal, customary, and Islamic laws are more significant and actually better known than any state legislation. As a result, in Afghanistan, the lack of a legal system that can effectively guarantee and enforce laws prevents the enforcement and implementation of international legal and human rights standards.
- Elena Di Diohttps://migrazioniontheroad.largemovements.it/en/author/elena-didio/
- Elena Di Diohttps://migrazioniontheroad.largemovements.it/en/author/elena-didio/
- Elena Di Diohttps://migrazioniontheroad.largemovements.it/en/author/elena-didio/
- Elena Di Diohttps://migrazioniontheroad.largemovements.it/en/author/elena-didio/