By Zahra Joya and Mohammad
A week into the Taliban’s fourth year of rule over Afghanistan, the group’s supreme leader Hibatullah Akhundzada released a new set of rules called the Law of the Propagation of Virtue and Prevention of Vice.
The comprehensive document released on August 21 consists of 35 articles aiming to enforce an even more stringent interpretation of Islamic Sharia based on Hanafi jurisprudence than is already being imposed on the country.
Articles 3 and Article 13 of the law specifically address severe restrictions on women in Afghanistan, requiring them to cover their bodies including their faces in public, and to refrain from “raising their voices” in public.
Article 3 defines “Islamic dress” as covering the entire body and face of a woman from “non-mahrams” (those men to whom women are not closely related). It is explicitly stated that the clothing must not be thin, short, or form-fitting.
Clause 3 of Article 13 says that a woman’s voice is considered awrat – an intimately private part of a woman, meaning that a woman’s voice should be concealed and not heard in public gatherings.
“The covering (hijab) of the entire body of a woman is mandatory. Concealing a woman’s face is necessary due to the fear of temptation. A woman’s voice (including singing, reciting poems, and reading aloud) is considered ‘awrat’,” Article 13 states.
Clause 6 of Article 13 further emphasizes that covering Muslim women from non-Muslim and immoral women is obligatory due to the fear of temptation.
Clause 7 states that it is forbidden for adult men to look at the bodies and faces of women who are not related to them and for adult women to look at the bodies and faces of men who are not related to them.
A particularly problematic issue for women is leaving their homes.
Clause 8 of Article 13 states, “When an adult woman needs to leave her house for an essential purpose, she is required to cover her voice, face, and body.”
According to the new morality law, the morality police have the authority to arrest and punish any girl or woman who does not cover her face.
Additionally, the law prohibits drivers from transporting women who are not wearing the prescribed Islamic dress and who do not have a legally acceptable male chaperone with them – ie someone to whom the woman is related.
Article 14 of the new law covers restrictions on men’s clothing, specifically requiring that the area from the waist to the knees must be covered by lose material over the top of the pants. This bans men from wearing Western style clothing where a shirt only reaches the waist.
Article 18 states in clauses 6 and 7 that the sale of human body parts such as kidneys, liver, eyes, and hair is prohibited.
Article 22 specifies particular offenses such as adultery, immorality (which refers to behavior in which men and women establish relationships contrary to Taliban beliefs) sodomy, and pederasty (referring to adolescent boys exploited by men for sexual abuse).
The law also specifies responsibilities of Taliban members regarding the supervision of the press and information.
According to Article 17, publication of content that contradicts Islamic Sharia or contains insults and derogatory remarks about Muslims is prohibited.
Additionally, the publication of images of “living beings” is banned from the media.
The morality police linked to the Ministry of the Propagation of Virtue and Prevention of Vice, who are renowned for brutal and swift punishments, are tasked with enforcing these measures.
Is this new law a legal document?
Former president of the National Association of Lawyers of Afghanistan Mir Abdul Wahid Sadaat told Rukhshana Media that using the term “law” for this document is not legally accurate.
He said in legal customs and laws of Afghanistan, the term “law” is clearly defined and this document doesn’t meet those requirements.
It contradicts the fundamental principles of Islam, which are based on the concept of “لا إِكراهَ فِي الدِّينِ”, which means “There is no compulsion in religion,” he said.
“In Islam and the practices of the Prophet Muhammad and the Rashidun Caliphs, the promotion of virtue was never defined by force, coercion, or tyranny,” he said.
“This document is in contradiction with Afghan laws, including the Civil Code and the Penal Code. Additionally, it conflicts with all international conventions and treaties to which Afghanistan has acceded and is committed to observing.”
Mr Mir said that this document addresses entirely personal and private matters of certain individuals that have no relation to the functions of the government and violate fundamental human rights.
He said as a member of the United Nations, Afghanistan is obligated to adhere to the UN Charter and all international treaties it has acceded to. But this document not only violates Afghanistan’s domestic laws but also breaches every article of the Universal Declaration of Human Rights.
Mr Mir believes that this document, which is in conflict with the principles of Islam, Afghan laws, and internationally accepted standards, and which violates the rights and freedoms of people, including both women and men, is fundamentally invalid and should be regarded as having no legal or moral authority.
“People have no religious, legal, or ethical obligation to adhere to its provisions,” he said.
Psychological and social implications of this law on women and religious minorities
University professor and religious scholar Ali Amiri says that since the Taliban lack a cohesive view of Afghanistan as a multi-ethnic and multicultural society and instead treat it as a single-ethnic and cultural community, the impacts of this law will be very negative and severe.
Mr Amiri says that if someone does not know Afghanistan and reads the works of the Taliban, they will not recognize the cultural and linguistic diversity in Afghanistan at all. This perspective of the Taliban, like their other actions, will naturally have severe impacts on society and culture.
“When even a woman’s voice is considered awrat, meaning it should not be heard, and her face should never be seen, it implies that nothing of her identity remains. When you are neither seen nor heard, you are effectively erased. This means women are being erased, even inside their homes. The psychological impact of this behavior is that it isolates a significant portion of society, and there is no doubt that these actions will be extremely destructive,” he said.
Mr Amiri believes that the implementation of the Taliban’s law places Afghan society in a state of imbalance and destroys family and social patterns that have been developed over many years.
Lack of clarity in religious sources
The Taliban have cited Arabic sources in the document. Mr Amiri notes that the Taliban have adopted a more radical religious discourse and are heavily influenced by Wahhabi and Deobandi schools, rather than adhering to Hanafi tradition.
“Based on the documents and narratives, it is difficult to make an accurate analysis of them. Over centuries, schools and sects have developed, and the Taliban should define their position based on the jurisprudential principles of these sects,” he said.
“In this regard, the Taliban are a religious group without a clear identity, and it is unclear which direction they are heading. They cite verses that do not have clear implications.”
Mr Amiri further said that with the implementation of this law, followers of the Shia sect may face even more unprecedented pressure.
“The Shia community has been labeled as infidels in the writings of Islam-Jar, the Taliban governor in Herat, and this same issue is repeated in this law,” he said.
“Now, the Shia are effectively becoming a target group in Afghanistan, which is very dangerous. This situation could significantly increase the likelihood of sectarian conflicts and social and religious abuses.”
Exiled former MP and diplomat Shukria Barakzai said that the Taliban’s morality law not only emphasizes the deprivation of women’s rights and blatant violations of human freedoms but also directly criminalizes the voice of women.
This new “law” imposes severe restrictions on women and even interferes in matters related to men, such as requiring their clothing choices to conform to the Taliban’s standards, even dictating the length of their beards. This not only constitutes a violation of human rights but also effectively deprives the people of Afghanistan, and women and girls in particular, of all fundamental rights and freedoms.
Ms Barakzai said that religious minorities in Afghanistan have always faced various restrictions, but the Taliban have significantly tightened these.
“This group has even banned national and cultural celebrations in Afghanistan, which means that religious practices of other sects and faiths are also being criminalized,” she said.
“Through these actions, the Taliban are deliberately ignoring Afghanistan’s cultural and religious diversity and are attempting to impose a narrow-minded and exclusive ideology on the society.”
Ms Barakzai said she is concerned that international organizations, particularly the United Nations and the European Union, are attempting to “normalize” relations with the Taliban with the argument they’re supporting Afghans, instead of standing up against these inhumane practices.
She argues that they are, in a sense, helping to legitimise the group’s approach by ignoring the Taliban’s widespread and explicitly stated human rights abuses.
