Although in some families in Afghanistan brothers consider themselves responsible for supporting and controlling the lives of their sisters, under Islamic law and Hanafi jurisprudence, brothers do not have the right to illegally or in an un-Islamic manner interfere in their sisters’ lives. They cannot force their sisters into marriage or prevent them from pursuing education, work, or freedom of movement without religious or legal permission.
According to Islamic Sharia, every Muslim may encourage another Muslim to promote virtue through advice. However, any involvement by brothers in the lives of their sisters must remain within the framework of Islamic law, the decrees of the Amir al-Mu’minin, and the country’s enforced laws.
Under Hanafi jurisprudence, as stated in “Al-Hidayah” by Sheikh al-Marghinani, if a sister is poor and unmarried, her brother is responsible for providing her alimony. However, this responsibility cannot be used as a reason for illegal or un-Islamic interference in his sister’s life.
Despite this, some girls in Kunduz province told Salam Watandar that their brothers exercise control over them in an un-Islamic manner and interfere in matters ranging from marriage to education, work, and other affairs of their lives.
Sakina, an 18-year-old resident of Gulbad district, says her brothers do not allow her to continue her education or attend training centers. She explains,
“My brothers decide everything for me, from how I dress to where I go and even the household chores I do. They did not allow me to go to school or attend a tailoring course, and they always say, ‘You are a girl, you must live with restrictions.’ If I oppose, they beat me, and I am forced to remain silent. I am tired of this life, and sometimes I wish I were not alive.”
Momina, an 18-year-old from Aqtash district, says that whenever she disagrees with her brothers’ decisions, she faces violence and insults.
“My brother, although he is younger than me, interferes in all my affairs and does not allow me to leave the house. He says, ‘Girls should stay at home and should not even study.’ If I oppose him, he beats and insults me. Because of this behavior, I have become depressed and am usually sick,” she says.
Hajera, a 23-year-old, also says that because of not having authority in choosing her spouse, her brother forced her into marriage. She says,
“After my parents’ death, my brothers make decisions for us and have always discriminated against us. They forced me into an engagement even though I did not agree, and now they are pressuring me to marry soon. They did not allow me to continue my education, and even paying for my studies came with humiliation and hardship. I am exhausted by life and have to endure this situation.”
Legal experts say that any interference in women’s lives without a legal basis constitutes a violation of rights and a form of discrimination. They emphasize that, according to the decree of the Islamic Emirate’s leader, neither brothers nor fathers can force adult daughters into marriage.
According to Decree No. (831V1) of the Islamic Emirate’s leader,
“The guardian (Wali) of an adult girl, whether her father or brother, is obliged to respect her Sharia rights, consult with her regarding engagement, and obtain her explicit consent. A forced marriage conducted without the girl’s consent lacks religious validity, and in such cases, the victim has the right to file a complaint and pursue legal action through the relevant judicial and legal authorities. ”
Nazanin Kohestani, a legal expert, says, “A brother’s interference and control over his sister’s life, when based on gender and without legal basis, constitutes gender discrimination. Any beating, physical harm, death threats, defamation, or coercion is considered a crime under the law. Forced marriage is prohibited, and a woman’s consent is the main condition for marriage. Women can seek justice through legal and judicial institutions and support centers.”
Shafiqullah Ezedyar, another legal expert, says regarding this,
“No one, not even a brother, has the right to interfere without legal basis. Any interference without legal basis is considered a crime. Women can refer to the courts to defend their rights. Harmful traditions, poverty, and low levels of education are among the main causes of these problems. Ensuring justice is the responsibility of judicial institutions. Girls can file complaints against discrimination in court, and such cases are pursued through legal and judicial authorities.”
Meanwhile, a number of religious scholars say that, from the perspective of Islamic Sharia, an adult and sane woman has the right to make decisions about her own life, and restricting women from education, work, or other rights has no religious justification and is considered a form of oppression. Shafiullah Ahmadi, a religious scholar, says,
“A brother has no right to make decisions on behalf of his sister. Marriage without a woman’s consent is invalid and can be cancelled. Seeking knowledge is an obligation for both Muslim men and women. Forced control and restrictions, such as imposing marriage or depriving women of their rights, are not permissible in Islam and can be considered oppression and a violation of women’s rights.”
At the same time, Laila Sadat Hossaini, women’s rights activist, says that in many families, a brother’s authority over his sister is accepted as an unwritten culture, limiting girls’ freedom, education, and personal development.
“In many of our families, there is an unwritten culture in which a brother considers himself responsible for and dominant over his sister’s life. This mindset causes girls to be deprived of education and progress, destroys their self-confidence, and even makes them feel unsafe within their own families. While a home should be the safest place in the world, it sometimes becomes a place where a girl lives like a captive,” she says.
According to legal experts, women’s lack of authority over their own lives is not merely an individual or family issue but one with broad social consequences. They say the problem can only be solved through raising awareness, changing traditional views, strengthening a culture of dialogue within families, creating equal educational and economic opportunities for girls, and ensuring the active role of support institutions and the media.
Reporter: Maryam Moqadas
