Giving women in baad — a practice aimed at settling disputes between families — remains a harmful and ongoing custom in some parts of Afghanistan.
This practice continues to expose many women to severe hardships. It not only violates women’s fundamental rights but also affects their psychological, social, and educational lives.
Gul Makai, a 29-year-old resident of Kunar, says she was given in baad around five years ago when she was still very young.
According to her, a family dispute over water escalated into violence with another family, and it ended with her being sacrificed.
She adds that without consulting her, her father and uncle married her off to the opposing family following a decision by a local Jirga (assembly of elders), destroying all her hopes for the future. She describes her difficult life as follows,
“I was very upset and cried a lot, but no one heard my voice because the decision had already been made. Apparently, the dispute was resolved, but there is still distance between the two families. My life is now difficult. Getting accustomed to the new family has been hard for me. Psychological pressure, lack of education, and sometimes mistreatment are the problems I face. My rights were violated because decisions about my life were made without my consent. I have not taken any specific action because I don’t have any support and also don’t know about legal avenues.”
Gul Makai is not the only woman suffering after being given in baad. Another resident of Kunar, Khatol, was also married into her uncle’s family as a result of a dispute and says she frequently faces domestic violence.
According to her, six years ago, while she was still very young, she became the sacrifice chosen by Jirga elders and the elders of both families to settle the dispute. She says,
“My life is now very difficult. I am not happy and suffer from psychological pressure. I face domestic violence, restrictions, and psychological problems, and I also have no independence. I feel that my rights have been violated because decisions about me were made without my consent. I thought about it many times, but due to family pressure and customs, I did not take any practical action. I did not pursue legal avenues because, on the one hand, I lacked support, and on the other hand, social customs and fear became obstacles.”
Nooria, another 28-year-old resident of Kunar, says that because she was given in baad, her education remained unfinished. She adds that no one listened to her voice, her right to choose her future was unjustly taken away, and her studies were left incomplete. She says,
“At that time, I felt very fearful and sad. I did not know what my future would become, and no one listened to my opinion. I face with psychological pressure, violence, and lack of freedom. My education also remained unfinished. Now, I live with difficulties. I have no freedom and often feel lonely and helpless. My rights to life, education, and deciding my own future were violated because social pressures and family restrictions are too much. Also, I do not have any strong support reference to help me.”
Legal experts consider the practice of giving girls in baad as committing one crime to conceal another.
Rasheed Khan Shinwari, a legal expert, says that giving women in baad is a crime under existing laws and is also not permitted under Islamic law.
He also believes these practices disrespect women’s human dignity and treat them as property used to settle disputes. He says,
“The consequences of committing a crime cannot be transferred to another person. This principle is also mentioned in the Holy Quran, which states: ‘No one bears the burden of another person.’ Likewise, the laws of countries recognize that crime is a personal act, and all the consequences of a crime apply only to the person who committed it and are not transferred to others. This issue is considered a crime under national penal laws. Article 640 of Afghanistan’s Penal Code and Article 25 of the Law on the Elimination of Violence against Women both classify this act as a crime. Also, the perpetrators of these acts deserve to be punished.”
At the same time, Ehsanullah Mohsen, a Muhtasib (employee) from Directorate for the Promotion of Virtue, Prevention of Vice, and Hearing Complaints of Kunar says that under Sharia law, giving girls in baad to settle disputes has no legitimacy and is considered unlawful.
According to him, the leadership of the Islamic Emirate has also issued a decree on this issue, banning the practice of giving girls in baad, because this act is not permissible in Islam.
“A woman who is sane and mature has autonomy over her marriage; therefore, she cannot be forced into marriage. If someone does this, the matter can be referred to court. It is religiously unlawful and impermissible. If anyone commits such an act, we, as officials of the Department for the Promotion of Virtue, refer the case to court and work to prevent it. To a large extent, these acts have already been prevented, and efforts are still ongoing to fully resolve them,” he adds.
Ahmad Zaki, a social affairs expert, believes that the custom of giving women in baad has deep cultural and social roots, linked to harmful traditional practices and the persistence of ignorance.
He calls for greater public awareness, saying it could help reduce such harmful customs.
“Public awareness is extremely important in this regard. Awareness can open people’s minds. Whoever commits murder should personally face punishment. Women are innocent and harmless members of society, and they make up half of society. Society is built on women. Giving daughters and sisters in baad is not a good act; it is the peak of ignorance. If public awareness is raised, people are informed, and everyone personally faces the consequences of their actions, then, in my opinion, this is justice and fairness, and women will not suffer such harm.”
Although Sharia, law, and human values all reject the practice of giving women in baad, the custom still exists in some areas.
Raising public awareness, enforcing the law, and changing social attitudes are among the ways to end this harmful custom.
Reporter: Shaima Seddiqi
