KABUL (SW) – Amid the difficulties that women face in living in Afghanistan, the requirement of having a male guardian when leaving home poses significant challenges for women whose husbands are in migration.
Salam Watandar interviewed at least 25 women whose husbands have migrated for various reasons, and all of them express that the restrictions on their movement outside the home have made their lives more difficult.
It is said that after the ratification of the Law on Promotion of Virtue and Prevention of Vice, restrictions on women’s movements have increased in some provinces. This law does not explicitly state that women cannot leave their homes without a male guardian; it only mentions in its Article 20 that drivers should not transport women alone without a male guardian.
However, some interviewees say that due to the restrictions on women traveling without a guardian, they face serious challenges. Mursal, a resident of Kapisa, and Laila, a resident of Kunduz, told Salam Watandar that they have encountered serious problems when trying to go to clinics, markets, or even to address basic life needs.
“A few days ago, I went to the market to buy something, and they stopped me, asking, ‘Where is your guardian?’ I didn’t say anything; what could I say? I said, ‘I have no guardian, I don’t have a man at home, who can I bring? My father’s family is not here; they are in Mazar-e-Sharif. Who will give me permission to go with him and live?’ I have hope in God and my husband,” Mursal said.
“My worries are mostly about the fact that as a woman, I cannot go to the market by myself or manage my tasks alone. If my child gets sick in the middle of the night and my husband is not here, can I knock on a neighbor’s door and have a stranger come help us?” Laila expressed.
These women say that the restrictions on their movements have increased their dependency on their husbands, even though their husbands are outside of Afghanistan.
Tamkin, a resident of Jowzjan, describes her situation: “I cannot go outside; they say, ‘Where is a woman going alone?’ If I insist on leaving, they say to take a man with me like my brother-in-law. I do not want to go to the city or the market with anyone other than my husband, so often when I need something, I tell them to bring it for me, even though it is not what I want.”
The findings of the report indicate that the husbands of 19 women have migrated due to unemployment, one for education and the reason for 5 remains uncertain.
These women say that the lack of job opportunities for their husbands in Afghanistan has made them pessimistic about their husbands’ permanent return and the improvement of their living conditions in the future.
Fariba, a resident of Farah, stated: “Life is very difficult, whether at home or outside, we are truly struggling due to poverty. There is no money, no work, and my children have different needs that demand from me. Our situation is miserable, and it has been two years since he left for Iran.”
However, religious scholars say that Islam emphasizes having a male guardian for women when they are outside the home to ensure their security and dignity. However, if a woman, for any reason, does not have a legal guardian, she can manage her affairs outside the home while observing Islamic guidelines.
Qutbuddin Mujtahid, a religious scholar, told Salam Watandar: “If a woman’s guardians are unavailable due to travel or death, Islam emphasizes that women can continue their tasks/affairs while observing Islamic and ethical principles, such as maintaining hijab. These principles and teachings are set to ensure the security and dignity of women in special circumstances.”
Observing the laws is mandatory, and there is no justification for disobeying them. However, legal experts believe that alongside the citizens’ obligations to comply with the law, it is necessary for the legal drafts to provide welfare and security for the people rather than causing further problems.
Noor Aqa Shoaib, a legal expert, explains that the requirement for a guardian, especially for women whose husbands are migrants, should be considered an exception. He added: “According to Islamic jurisprudence, there is no absolute prohibition regarding women’s movement. There is no legal restriction, especially when they go to medical centers. A woman who has reached maturity has the right to address her needs and other business matters and can appoint a representative/lawyer to resolve personal injustices. They have the right to defend their rights under the law.”
Saif al-Islam Khaibar, spokesperson for the Ministry of Promotion of Virtue and Prevention of Vice, stated in a written message to Salam Watandar that “women whose husbands are not with them can be accompanied by their family members”.
The work restrictions, responsibility for managing life, and the lack of a husband’s support contribute to the difficulties faced by women in Afghanistan, a country where, according to statistics from the International Organization for Migration (IOM), around 8 million Afghans have migrated to various countries since 2020.
