SITUATION OF WOMEN IN AFGHANISTAN AND THEIR EDUCATIONAL RIGHTS

BLJ 2.2: Indian Legal and Constitutional History.

Submitted By:
Anshita
UID: UGJ23-47

Submitted to:
Dr. Nitu Kumari
(Assistant Professor of History)
BA LLB (Honors in Adjudication and Justicing)
Year: 2024
Semester: II
March 2024
Maharashtra National Law University, Nagpur.
 SITUATION OF WOMEN IN AFGHANISTAN AND THEIR EDUCATIONAL RIGHTS
ABSTRACT:
This study examines the advancement of women's rights in Afghanistan amidst the transition to a
new constitutional framework following decades of conflict. It highlights the significance of
embedding women's rights in the national Constitution as a crucial step towards addressing
longstanding challenges such as repressive customary laws, limited political participation, and
gender-based violence. The project also explores the complexities of incorporating Islamic
principles into constitutional frameworks in Afghanistan, Egypt, and Libya, and the implications
for women's rights. By convening diverse stakeholders including women activists, religious
leaders, and legal advocates, the study seeks to identify common approaches to promoting and
sustaining progress on women's rights within the context of Islamic constitutionalism. Through
collaborative dialogue and the sharing of lessons learned, the research aims to develop tailored
strategies aligned with each nation's unique cultural, institutional, and developmental context.
HYPOTHESIS
Addressing the challenges through targeted interventions and policy changes can contribute to
the empowerment and improved educational outcomes for Afghan women.
RESEARCH METHODOLOGY
The researcher has used qualitative methodology. References were taken from secondary data
i.e., books, articles and journals. The researcher has tried to cover every aspect in this research
to make the topic easy to understand. The research analysis has done with moving to every single
aspect to make research clearer and more concise.
RESEARCH QUESTIONS
1. How have legal safeguards outlined in the Afghan constitution and legislative acts
impacted the implementation of women's rights in Afghanistan?
2. What are the challenges and opportunities associated with promoting women's rights
through initiatives focused on Islamic legal literacy in Afghanistan?
3. How has the resurgence of the Taliban in 2021 affected the progress and protection of
women's rights in Afghanistan?
4. To what extent do conservative traditions and tribal influences contribute to the
complexities of implementing women's rights in Afghanistan?
5. What role does engage with Islamic legal systems play in navigating the challenges and
promoting sustainable progress toward gender equality in Afghanistan?

INTRODUCTION
This research paper delves into the multifaceted landscape of women's rights in Afghanistan,
offering a comprehensive examination of historical contexts, legal frameworks, the impact of
Taliban rule, and evolving advocacy approaches. The study encompasses a broad spectrum,
ranging from the progressive society that existed prior to the Taliban era to the severe restrictions
imposed on women during their rule. Legal safeguards outlined in the Afghan constitution and
legislative acts form the foundation for women's rights, yet the effectiveness of their
implementation remains a pressing concern. The resurgence of the Taliban in 2021 has raised
significant apprehensions about the potential regression of women's rights. Past actions,
including restrictions on educational opportunities and harsh punishments, underscore the
challenges ahead. The Taliban's associations with extremist faction’s further compound concerns
about broader implications for international security. Initiatives promoting Islamic legal literacy
are explored in this paper, revealing both encouraging developments and challenges.
Incorporating Islamic legal frameworks to advance women's rights has shown promise in certain
instances, acknowledging complexities arising from the interplay between conservative
traditions, tribal influences, and interpretations of Islamic principles .The challenges faced by
women in Afghanistan, encompassing physical and political attacks, limited public participation,
and resistance from certain factions towards progressive rights agendas, necessitate
comprehensive and culturally sensitive approaches. The paper emphasizes the significance of
engaging with Islamic legal systems and religious discourse as integral components in promoting
women's rights in a society where these factors wield substantial influence. This research
underscores the arduous journey toward gender equality in Afghanistan, recognizing the potential
pathway forward through engaging with Islamic legal perspectives. Balancing the imperative for
women's rights with the sensitivities of cultural and religious contexts is crucial for sustainable
progress. As Afghanistan navigates through political transitions and international dynamics,
prioritizing women's rights remains not only a moral imperative but also a key element for the
long-term stability and prosperity of the nation.
TALIBAN TAKEOVER IN AFGHANISTAN
The Afghan government, which was supported by the United States, faced an insurgency from
the extremist Islamic organization known as the Taliban, resulting in the Taliban regaining
control of the country in 2021. During the period from 1996 to 2001, the majority of Afghanistan
was under the rule of the Taliban. However, the United States and its allies swiftly overthrew the
Taliban dictatorship after they refused to surrender Osama bin Laden, who was the mastermind
behind a terrorist organization. Under the Taliban administration, Afghanistan experienced a
collapse in its economy, a significant increase in malnutrition rates, and the majority of women
were prohibited from engaging in employment. Concerns have been raised by analysts regarding
the close ties between the Taliban and al-Qaeda, which may provide the Taliban with a safe
haven from where they can carry out international terrorist attacks. It should be noted that in
response to perceived threats from other armed organizations, the Taliban has employed a strong
and forceful approach in certain areas, while also reevaluating their strategies in other regions.
Despite efforts by the Taliban to establish partnerships with various local stakeholders, the
leadership of the organization, including several senior military commanders, is primarily
composed of Pashtuns from a limited number of southern regions.12
ATTITUDE OF TALIBAN TOWARDS AFGHAN WOMEN
In Afghanistan, a complex dual justice system prevails, where traditional forms of justice are
widely perceived as more accessible and legitimate compared to the formal legal system
established by the 2004 Constitution. This formal system, based on statutory laws with an
Islamic foundation, operates through state institutions. In contrast, informal dispute resolution
mechanisms, prevalent across the country, blend customary and tribal norms with interpretations
of Islamic law, often administered by local tribal bodies and regional power-brokers. This blend
reflects the intertwining of tribal codes like Pashtunwali with Islamic legal norms. Despite
Islam's historical transcendent authority in Afghanistan, the delineation between cultural,
customary, and religious laws remains ambiguous, even among religious scholars. This
ambiguity was exemplified by a 2012 degree from the Afghan Ulama Council, which
underscored the prioritization of men over women, a sentiment derived from Pashtun customary
norms but endorsed with Islamic legitimacy. This underscores the ongoing struggle at the
intersection of customary and Islamic law, particularly concerning women's rights, driven by
insufficient understanding of Islamic law and narrow interpretations that further marginalize
disadvantaged groups.3 Before the Taliban took power, Afghanistan had a more free and open
society. The majority of teachers in coeducational schools were women. Women had positions in

1
Mainland, L. (2023, January 19). “The Taliban in Afghanistan”, Council on Foreign Relations.
https://www.cfr.org/backgrounder/taliban-afghanistan.in

2
Maizland, L. (2023, January 19). “The Taliban in Afghanistan”. Council on Foreign Relations.
https://www.cfr.org/backgrounder/taliban-afghanistan

3
President’s Statement on Afghan President Karzai’s Election Victory . (2004, November 4). https://georgewbush-
whitehouse.archives.gov/news/releases/2004/11/text/20041104-1.html
the public sector and as doctors. They could travel, wear whatever they wanted, and pursue their
careers without restriction. However, these norms were drastically changed once the Taliban
seized power, justifying their actions with references to their culture and religion. More than
twenty written and spoken directions regarding women's education have been released by the
Taliban. These orders forbid coeducation, female-only secondary education, annual entry tests,
and female-only university specialties in fields including journalism, law, agriculture, veterinary
science, and economics. Since the end of 2021, the Taliban has prohibited women from enrolling
in universities. The Taliban have burned down schools in the provinces of Faryab, Paktika, and
Panjshir in addition to closing girls' schools and targeting both boys' and girls' institutions.
Women who disobeyed orders under the Taliban were subject to severe penalties, including
beatings in public. The Taliban enforced gender segregation in hospitals, which limited women's
access to healthcare. Armed political groups associated with the Taliban regime targeted women,
deliberately killing those who had connections to those who the Mujahideen were searching for
or who refused to be captured or sexually assaulted. Under the Taliban regime, many Afghan
women suffered horrendously. A few took their own lives; Nahid, for instance, jumped from a
building to avoid being captured by armed guards. In a similar scenario, Nafisa made an attempt
at suicide.4
During the time when Mujahideen groups held power in Afghanistan, widespread abductions and
sexual abuse of women occurred. Women were detained, exploited, and subjected to horrific
treatment, including rape and forced prostitution. Families suffered as loved ones were torn
apart, and mothers were forced to witness the abuse of their daughters. Despite these atrocities,
the Taliban boldly claimed to protect human rights while seeking a seat in the United Nations
General Assembly. The Revolutionary Association of the Women of Afghanistan (RAWA), a
non-violent organization advocating for women's rights, faced threats and had to reduce its
operations, including educational and health programs. Tragically, one of its founding members,
Mina Keshwar Kamal, lost her life in 1987 due to her activism. The Taliban's oppressive regime
in Afghanistan severely restricted women's rights, particularly in education. Post-conflict, efforts
prioritized human rights, including women's rights, as highlighted in the Bonn Agreement.
Afghan women actively engaged with international organizations to influence reconstruction
priorities. Establishing laws ensuring women's rights across education, politics, mobility,
employment, and healthcare is crucial. Inclusion of women in government, especially in senior
roles, is advocated for comprehensive representation. Initiatives like the Press Revolutionary
Conference and Afghan Women's Summit emphasized women's central role in decision-making
processes and constitutional development. The Brussels Proclamation and Declaration of
Solidarity demanded equal rights and tied reconstruction funds to women's participation in
decision-making.5

4
Hashimi, Sayed Edris. (2021). “Education Right of Women in Afghanistan after 2001.” Technium Social Sciences
Journal, 16, 41-51.
5
Tomar, S. (2002). “HUMAN RIGHTS CONCERN AND CONDITIONS OF WOMEN IN AFGHANISTAN.” India Quarterly,
58(1), 153–164. http://www.jstor.org/stable/45073405 , accessed on 12 February 2024
RIGHTS OF WOMEN IN AFGHANISTAN
Perhaps one of the most enduring legacies of the fall of the Taliban is the constitution of the
Islamic Republic of Afghanistan. The Afghan constitution, however, stands unique because it
includes more references to the Islamic faith than any other modern constitution. Adopted in
2004, it includes provisions that declare that (1) the state shall be an Islamic Republic; (2) Islam
shall serve as the state religion; and (3) no law shall be repugnant to the tenets of the Islamic
religion.6The Afghan Civil Code (1977) safeguards women's right to inherit or keep property,
sets the minimum age for marriage (Articles 70 and 71), and gives them the freedom to choose
their spouse (Article 80) or end a marriage. To further safeguard abducted spouses, the Afghan
Criminal Code (1979) makes a distinction between abduction and elopement. 7 The state upholds
the rights and privileges of women without caretakers. The state provides constitutional
protection against discrimination by customary law. Article 54 acknowledges the rights of
women and emphasizes the importance of the family. It requires the state to take the necessary
measures for the well-being of the family, especially children and mothers, and to eliminate
traditions that go against the principles of Islam. This provision can help address forced
marriages, which are prohibited under Islamic law but accepted under custom. It can also combat
customary laws that condone violence against women, such as honor killings, which are wrongly
justified as being based on Islamic teachings. While most provisions in Afghanistan's
Constitution do not explicitly address women's rights, many neutral provisions have the potential
to challenge customary laws that negatively affect Afghan women. Article 6, for example,
obligates the state to create a just and progressive society that protects human dignity and human
rights. This provision may provide protection to women when customary laws violate human
rights. Article 7 also addresses human rights and requires the state to uphold international
obligations. Afghanistan's ratification of the Convention on the Elimination of Discrimination
Against Women (CEDAW) is particularly relevant. CEDAW commits to women's rights in
public, political, social, and cultural life. It holds state parties responsible for combating
discrimination, regardless of the origin of the laws. The Convention requires Afghanistan to
modify social and cultural conduct patterns that are based on the idea of gender superiority or
inferiority, providing an avenue to challenge discriminatory practices stemming from customary
law. CEDAW specifically addresses issues such as forced and underage marriage, which are
prevalent in Afghanistan due to customary laws. Despite Afghan law setting the legal age of
marriage at 18 for men and 16 for women, underage marriages are widespread. Customary law in
some regions allows girls to be given compensation or as a means to resolve disputes. However,
CEDAW mandates that marriages should only occur with the free and full consent of both parties

6
Rafi, A. (2020, June 25). Islam, Islamic Law and Constitution Making: International and Domestic Engagement in
the Constitution-Making Process in Afghanistan. Mazahib, 1–40. https://doi.org/10.21093/mj.v19i1.2142

7
Article 425: “A person who carries off a girl, who is sixteen years or over, at her own will from her parents’
residence for the purpose of lawfully marrying her, shall not be deemed as having committed an act of kidnapping.”
and prohibits underage marriage. It serves as a shield against harmful customary practices that
affect women.8
For instance, 39% of all enrolled students in 2011–12 were girls, or almost 3 million of them
attended school. However, many of the legal protections in place have not been effectively
implemented. Despite the prohibition on child marriage, the Afghan Ministry of Public Health
estimates that 21 percent of all women were married by the age of fifteen and an additional 53
percent were married by the age of eighteen. Women’s rights are facing an even greater risk in
the near future. The public participation of women, which was already limited, has further
decreased in recent years due to a rising number of physical and political attacks against women
who engage in public life. The occurrence of six high-profile assassinations of women in 2012
and 2013 is significant for a country with a small number of women involved in public affairs.
Conservative politicians are utilizing Islamic legal justifications to challenge advocates for
women’s rights and hinder progress or reverse previous achievements in this realm. In May
2013, Parliament declined to ratify the Elimination of Violence Against Women Law, which had
been in effect since 2009 through presidential decree. Additionally, the 2013 elections law
reduced the quota for women in provincial council seats from 25 percent to 20 percent. Attempts
to counter these assaults using arguments rooted in Afghan or international law have proven
unsuccessful due to the loss of legitimacy by the Afghan government and its Western supporters. 9
Furthermore, 270,000 girls—or 31% of all enrolled females—were engaged in literacy and
career training programs. On the other hand, very few girls were able to attend clandestine
schools when the Taliban government was in place. Two women stood for president and seven
for vice president in the 2009 presidential and provincial council elections. 10 In addition, women
made up 312 out of the total candidates for provincial councils, or 9 percent, and about 4,000 of
them were certified domestic observers. Similarly, in the 2010 parliamentary elections, women
made up 16% of all candidates and 1/3 of the 7,000 certified local observers. Women are also
involved in managing and owning businesses. Even yet, there are still not enough women in the
attorney general's office, army, police, or courts. The administration of Karzai is being portrayed
by the Afghan media as a tool of the West, and Western aid is being imposed by foreign powers.
Many Afghans view the progressive rights agenda, which has been around since 2002, as a tool
of foreign opportunism. In the run-up to the 2014 security transition, politicians have distanced
themselves from a variety of civic and political rights, most notably women's rights, that are now
linked to Western involvement. In this context, women's rights programs that only depend on
Afghan and international legislation risk being seen as foreign and influenced by outside forces.
Another aspect causing this transition is the realization that communities cannot undergo as
much change as may be swiftly pushed upon them by outside forces. Women's rights won't
advance much unless the community recognizes and gives validity to the aforementioned
measures. But depending only on societal norms has its drawbacks because conventional or
traditional viewpoints do not grant women the same protections and legal rights as those
8
G.H.A. (2003). “A History of Women in Afghanistan: Lessons Learnt for the Future or Yesterdays and Tomorrow.”
Women in Afghanistan: Journal of International Women’s Studies, 4 , accessed on 20.02.2024
9

10
Shah, N. A. (2005). “The constitution of afghanistan and women's rights“ ,Feminist Legal Studies, 13(2), 239-258 ,
accessed on 12.01.2024
stipulated by Afghan law. Islamic legal frameworks provide more progressive interpretations of
women's rights as compared to customary norms. Additionally, their arguments are more credible
and accepted in communities than those based on Western rights. They thus become a potential
strategy.11
WOMEN'S ACTIVISM IN AFGHANISTAN: A STUDY OF RESISTANCE AND
ADVOCACY
The role of women's activism in Afghanistan has been crucial, particularly during periods of
conflict and oppression
Clandestine Activity Within Afghanistan: During the Taliban occupation, women's activism in
Afghanistan was driven underground, leading to the emergence of extensive clandestine
networks. Organizations such as the Afghan Women's Network and the Afghan Women's Council
operated covertly, advocating for women's rights and providing essential services. RAWA, the
Revolutionary Association of Women of Afghanistan, stood out as a prominent advocate, running
clandestine schools and workshops despite severe restrictions. These clandestine networks
facilitated advocacy, fundraising, and awareness-raising activities, aiming to promote health,
education, and income generation among women. Despite the risks involved, these groups
played a crucial role in sustaining women's resilience and resistance against oppression.
Azerbaijani-Moghadam documented the effectiveness of these informal women's groups,
highlighting their influence at the community level. Activities ranged from organizing income
generation initiatives to providing Quranic education and literacy programs, showcasing the
diverse strategies employed by women activists to empower their communities. 12
Work Within Refugee Populations: Beyond Afghanistan's borders, women's organizations,
including RAWA, extended their efforts to support Afghan women and children in refugee camps
in Pakistan and Iran. Despite the challenges of displacement, these organizations focused on
meeting basic needs such as medical care, education, and skills training. Their work within
refugee populations served as a lifeline for many Afghan women, providing hope and assistance
amid adversity.
Political Landscape and Challenges: During the Taliban regime, women's political
participation was severely restricted, forcing activists to operate clandestinely or from exile.
Despite these challenges, grassroots organizations like RAWA and Negar continued to advocate
for women's rights both domestically and on the international stage. However, the political
landscape remained fraught with obstacles, limiting women's representation in national and local
governance structures.
Women's activism in Afghanistan during periods of conflict exemplifies resilience,
resourcefulness, and determination in the face of adversity. Clandestine networks within the
11
Kakakhel, Niaz A. Shah. (2004). “Women's rights and the new constitution of Afghanistan”. International Studies
Journal, 1(2), 57-[iv] , accessed on 1.03.2024
12
Dr. Muhammad Tariq, Dr. Muhammad Rizwan, & Dr. Manzoor Ahmad. (2020, June 25). “US Withdrawal from
Afghanistan: Latest Development and Security Situation (2020).” Sjors, 3(2), 290–297.
https://doi.org/10.36902/sjesr-vol3-iss2-2020(290-297), accessed on 2.03.2024
country and efforts within refugee populations played a crucial role in sustaining communities
and advocating for women's rights. Despite the challenges encountered, women activists
persisted in their pursuit of justice and equality, laying the foundation for future progress.

CHANGES IN THE NEW CONSTITUTION VS. DISCOURSE IN CIVIL SOCIETY

The major issues faced by women are related to the notions of security and equality under the
law. Afghanistan has suffered from three decades of war , climate of instability and thus the new
challenge lies in order to ensure security realizing the aspirations of the Afghan people. The best
way as suggested by both the authorities and Afghan groups is to guarantee the supremacy of
constitution which would act as a remedy clause thereby giving constitution supremacy which is
inconsistent with other laws , i.e. customary or sharia. In particular, CH.1 Article 3 provides that
“In Afghanistan, no law can be contrary to the beliefs and provision of the sacred law of Islam.”
While although guaranteed numbers of representation of women in the both houses of parliament
, still lacks protection and enforcement of women’s rights.
The process of drafting Afghanistan's new Constitution stemmed from the 2001 Bonn
Agreement, which aimed to establish a roadmap for the country's governance post-Taliban.
Despite only three women participating among the 60 representatives at the Bonn talks, the
agreement emphasized the inclusion of women in political life.
Involvement of Women in Constitution-Making Process: Women participated in all three
phases of the constitution-making process: the Constitution Drafting Committee, the Constitution
Review Commission, and the Constitutional Loya Jirga. Despite facing intimidation and
harassment, female delegates played significant roles in shaping the Constitution.
Provisions Ensuring Women's Political Participation: The 2004 Constitution explicitly
prohibits discrimination and guarantees equal rights for men and women. It reserves a minimum
number of seats for women in the National Assembly, ensuring their representation. Article 7
mandates compliance with international treaties, including the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW), reinforcing the commitment to
women's rights.
Indirect Enhancements to Women's Political Participation: Several provisions indirectly
support women's political participation by promoting economic independence and personal
freedom. These include the right to education, special education programs for women, property
rights, and the right to work and choose occupation freely. These provisions contribute to greater
gender equality in political and public life by empowering Afghan women economically and
legally.
LITERACY OF WOMEN IN AFGHANISTAN
Islamic law, also known as sharia law, is a well-established legal system upheld by Muslims and
Islamic countries worldwide. It is based on the teachings found in the Quran and the Sunnah, the
practices of the Prophet Mohammed. These teachings are carefully analyzed and interpreted by
religious scholars to create laws known as Fiqh, which form the basis of jurisprudence. However,
it is important to note that Islamic law and sharia law are not the same, as the latter is considered
perfect and divine, while the former may have human flaws. In Afghanistan, Islamic law holds
significant importance as the ultimate law, and the country's constitution ensures that no law may
contradict Islamic principles. Recent evidence suggests that utilizing Islamic law-based strategies
may be more effective in advocating for women's rights in Afghan communities compared to
Western rights-based approaches. This is supported by the success of a legal literacy project that
applied sharia-based principles and led to increased acceptance of women's rights among
community councils.13
The ban on female education imposed by the Taliban in Afghanistan has brought forth a myriad
of challenges and grave consequences. From cultural and social barriers to security concerns,
lack of infrastructure, and traditional values, the impediments to girls' education are deeply
entrenched. The situation has led to a staggering literacy rate, with only 23% of females being
literate, compared to 52% of males. Moreover, the indefinite postponement of girls' returns to
school and the suspension of university education for women have exacerbated the crisis,
affecting over a million girls and young women. The Taliban's stance on female education,
rooted in Sharia law and Afghan tradition, further compounds the issue, perpetuating gender-
based discrimination and violence. The educational landscape in Afghanistan has been deeply
impacted by the policies and actions of the Taliban, especially concerning female education.
Prior to the Taliban's rise to power in 1996, there were efforts to expand education, albeit with
significant gender disparities. However, the Taliban's imposition of restrictions on female
education led to a drastic reduction in opportunities for girls to access schooling.
Throughout the years of Taliban control, assaults on schools and threats against teachers
escalated, creating a climate of fear and instability in the education sector. This led to a reliance
on madrassas for basic education, particularly in areas under Taliban influence where public
schools ceased to exist. Even in regions where schools remained open, stringent conditions
imposed by local Taliban commanders, such as control over curriculum and teacher recruitment,
hindered educational progress.14The situation varied across different districts, with some Taliban
leaders showing willingness to support education, especially for boys, through private or
community-driven initiatives. However, the challenges persisted, particularly in areas like
Bermel, were Taliban control and influence severely restricted educational opportunities. Despite
these challenges, there have been significant gains in school attendance and gender equality since
2001. However, data reliability remains a concern, with accusations of exaggeration and
corruption within the Ministry of Education. The gender parity index, while showing
improvement, still reflects significant disparities, especially in rural and Taliban-influenced
areas. Overall, the educational challenges in Afghanistan are complex and multifaceted,
influenced by political, cultural, and security factors. Efforts to address these challenges require a
coordinated approach involving both local and international stakeholders, with a focus on

13
Middleton, S. A. (2001). “Women's rights unveiled: taliban's treatment of women in Afghanistan”. Indiana
International & Comparative Law Review, 11(2), 421-468 , accessed on 10.01.2024
14
Ahmadi, Shafiqa. (2016). “Theory v. practice: women's rights and gender equity in Afghanistan”. Journal of
Gender, Race, and Justice, 18(2), 361-380, accessed on 10.01.2024
ensuring access to quality education for all, especially marginalized groups like girls and
children in conflict-affected areas.
From 2003 to 2005, women's rights organizations engaged in discussions with religious leaders
regarding the language used in the Universal Declaration of Human Rights and the Convention
on the Elimination of All Forms of Discrimination Against Women. This dialogue aimed to
address concerns and bridge gaps between religious beliefs and human rights principles,
particularly regarding women's rights. The discussions underscored the importance of finding
common ground and promoting understanding between religious communities and human rights
advocates to advance gender equality and uphold women's rights globally.15
CHALLENGES FACED BY WOMEN
The use of Islamic law to advance women's rights in Afghanistan has shown some hopeful
outcomes, despite its challenges. In Afghan communities and official court judgments, Islamic
interpretations are often interpreted in a way that combines Islamic reasoning with customs,
especially those associated with tribes. This combination may make it difficult to create
progressive and clear interpretations of women's rights in the Islamic setting, as conservative
traditions may make the objectives of equality and empowerment difficult to see. 16
Although Islamic law is based on interpretation and discussion of Islam's historical foundations,
the majority of Islamic teachings in Afghanistan today are intolerant of this kind of discussion.
Between 2003 and 2007, there were at least five cases of blasphemy prosecutions brought
against people who attempted to have an open discussion about differing perspectives on Islam.
Many moderate priests in Afghanistan are killed by the armed opposition as heretics. Extremist
Islamist groups insist that their interpretations of Islamic law are the only ones that are valid,
often combining Islamic law with non-Islamic traditions.
By diverting resources away from Afghan law enforcement, interactions with Islamic legal
systems may compromise the integrity of Afghan legal system implementation. The argument
put forward by opponents is that this would make the Afghan state less legitimate; nevertheless,
legal pluralism and the constitution's reliance on Islamic law suggest otherwise. Certain feminist
organizations fear that basing rights on Islamic law may lead to discrimination and inadequate
protection. Critics contend that advocacy for rights not recognized by Islamic law will be
curtailed. While women's rights are not sufficiently protected by Afghan legislation, these
concerns are justified. Even the strictest readings of Islamic law are less progressive than
customary law. Many Afghans prefer living under Islamic law and reject secular laws.
Progressive Muslims also support invoking Islamic jurisprudence. Many Muslim-feminist
organizations exist in the Muslim world.
15
BBC News. (2021, August 17). Afghan women to have rights within Islamic law, Taliban say.
https://www.bbc.com/news/world-asia-58249952. https://www.bbc.com/news/world-asia-58249952 , accessed on
13.01.2024

16
Akbari, F., & True, J. (2022, July 30). One year on from the Taliban takeover of Afghanistan: re-instituting gender
apartheid. Australian Journal of International Affairs, 76(6), 624–633.
https://doi.org/10.1080/10357718.2022.2107172 , accessed on 1.02.2024
Engaging in Islamic discourse is crucial if progress is to be made with the groups in society that
are most opposed to the expansion of women's rights, despite the fact that it can be difficult.
People's perceptions of gender equality take time to shift, and at the moment, it appears that
religious speech is the strategy that Afghan communities relate to the most. Secular rights
activists who choose not to engage in dialogue with the Islamic community are missing
opportunities to engage with communities on mutually agreeable and respectful terms. If
activists, advocates, and religious leaders collaborate to normalize and make women's rights
appear less strange and more regular, then women's rights could be better preserved. But creating
such strong alliances would need years of meticulous planning.
CONCLUSION
In conclusion, it is evident that women bore the brunt of the ongoing human rights crisis in
Afghanistan. Armed political factions perpetrated deliberate assaults, including assassination,
abduction, and rape, with impunity, resulting in the death and mutilation of civilians, primarily
women, as a means to sow fear and bolster their authority. The situation for Afghan women has
significantly deteriorated over the last two decades, exacerbated by the ravages of war, economic
collapse, and the spread of religious extremism. Consequently, it is imperative to prioritize the
protection of women's human rights in Afghanistan. Notably, there has been a notable shift from
the Taliban era, as numerous organizations now advocate for women's participation in the
formation of the Afghan Government. All the customary law which results in exclusion of
women from public domain and expose hem to unfair practices must be done away with. The
historical overview has underscored the stark contrast between the more progressive and
inclusive society that existed in Afghanistan prior to Taliban rule and the severe restrictions
imposed on women during that period. While legal safeguards outlined in the Afghan
constitution and various legislative acts provide a foundation for women's rights, the
effectiveness of their implementation remains a pressing concern. The recent resurgence of the
Taliban in 2021 has generated significant apprehension regarding the potential regression of
women's rights. Previous actions by the group, such as curbing educational opportunities for
women and imposing harsh punishments, highlight the arduous road ahead. Moreover, the
Taliban's associations with extremist factions raise further concerns about the broader
implications for international security. The examination of initiatives promoting Islamic legal
literacy has revealed both encouraging developments and challenges. While incorporating
Islamic legal frameworks to advance women's rights has shown promise in certain instances, the
paper acknowledges the complexities arising from the interplay between conservative traditions,
tribal influences, and interpretations of Islamic principles. The challenges encountered by women
in Afghanistan, encompassing physical and political attacks, limited public participation, and
resistance from certain factions towards progressive rights agendas, necessitate comprehensive
and culturally sensitive approaches. The paper emphasizes the significance of engaging with
Islamic legal systems and religious discourse as integral components in promoting women's
rights in a society where these factors wield substantial influence. The journey toward gender
equality in Afghanistan is undoubtedly arduous, but the research suggests that engaging with
Islamic legal perspectives, while recognizing the challenges, provides a potential pathway
forward. Balancing the imperative for women's rights with the sensitivities of cultural and
religious contexts is crucial for sustainable progress. As Afghanistan navigates through political
transitions and international dynamics, prioritizing women's rights remains not only a moral
imperative but also a key element for the long-term stability and prosperity of the nation.

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Brief, June 2013)
 Peacebuilding Efforts of Women from Afghanistan and Iraq: Lessons in Transition by
Kathleen Kuehn’s, Manal Omar, Steve E.Steiner, and HodeiSultan (Special Report,
November 2012)
 Learning from Women’s Success in the 2010 Afghan Elections by Scott Worden and Nina
Sudhakar (Special Report, June 2012)
 • Lessons from Women’s Programs in Afghanistan and Iraq by Kathleen Kuehn’s, Manal
Omar, Steven E. Steiner, and Hodei Sultan (Special Report, March 2012)
 Gender, Conflict, and Peacebuilding by Kimberly Theidon and Kelly Phenice with
Elizabeth Murray (Peaceworks, September 2011)