Although in Islamic jurisprudence—particularly within the Hanafi jurisprudence —any form of oppression, insult, beating, or deprivation of a woman’s legitimate rights is prohibited, women in Afghanistan are still occasionally exposed to domestic violence.
Violence against women, within the framework of Islamic Sharia and law, refers to any act or behavior that causes physical, psychological, or sexual harm, or that undermines a woman’s human dignity.
Religious scholars and legal experts state that domestic violence, under Islamic Sharia and Hanafi jurisprudence, is prohibited and is subject to prosecution. According to them, women who experience violence may seek justice by referring to the nearest security office or judicial and legal institutions. However, some women speaking to Salam Watandar have complained of violent behavior within their families.
Farzana, a 28-year-old resident of Bagrami district in Kabul, who has referred to the court due to domestic violence, says that after five years of marriage and enduring insults, threats, and mistreatment, she has now filed for divorce.
“I have been married for five years, but I have not had a child. My husband and his family treated me badly and constantly insulted me; they always sarcasm on me and threatened me. When my family learned about it, they told me not to raise my voice, saying that ‘when a girl marries then she should live until end of her life and only leave her husband house in a coffin’. Now the court has stated that, after reviewing all documents and hearing both parties, a final decision will be issued,” she says.
Gul Jan, another woman from Kabul, says that after filing a complaint in court, physical violence against her stopped because her husband feared legal consequences. She explains,
“For several years, due to my husband’s unemployment and his failure to provide for the expenses of my children and myself, I was subjected to violence and beatings. After I officially registered the complaint, I received more verbal threats, but I was no longer beaten. After filing the complaint, the court held a primary hearing, and their behavior was good. What we said was heard. My case is now in the stage of examining evidence.”
Yalda, a 26-year-old from Baghlan, also says that she has suffered violence but has not yet referred to judicial and legal institutions to register her complaint.
“After marriage, my husband’s family interfered the most. My husband oppressed me; I did not even get to enjoy my wedding. Until now, I have been living a life of pain and violence. My husband’s family said they would kill me but would not allow me to leave or to get a divorce,” she says.
Meanwhile, Parwiz Khalili, a legal expert, says that Islamic courts are obliged to protect the rights of victims and prosecute perpetrators of violence.
“Verse 231 of Surah Al-Baqarah states that women should not be retained for the purpose of harm, abuse, or humiliation. Whoever does so has indeed wronged himself. A victim may refer the matter to the court, and the Islamic court must punish the accused,” he says.
Mudasser Momtaz, another legal expert, says that evidence such as forensic medical reports, photographs, and other valid documentation may be used to prove violence in court. According to him, after filing a complaint, women may benefit from legal protection and security measures.
“When violence occurs, a victim should go to the nearest police station and file a complaint, or submit a petition directly to the court. A medical report, photographs of injuries, and other evidence are important. The legal department summons the husband and requests his response to the complaint. After both parties are heard, a primary hearing is held; if no reconciliation is reached, the case is referred to the Appeals Court,” he says.
Religious scholars also emphasize that men have no right, under Islamic Sharia, to commit violence or oppression against women. Abdul Ghaffar Ghaffarzada, a religious scholar, says,
“The beating mentioned in verse 34 of Surah An-Nisa comes after two stages: first, advising them; and if that does not work, separating from them in bed. The third stage is a light beating—a form of beating that must not cause injury or wounds. It must be extremely light, causes no psychological harm, and be intended for correction. If humiliation, insults, and beatings continue, a woman may refer the matter to the Islamic courts.”
However, officials at the Supreme Court state that cases related to women are handled within the framework of Islamic Sharia.
Mansoor Ahmad Hamza, deputy spokesperson for the Supreme Court, told Salam Watandar that since the Islamic Emirate’s return to power, more than 72,000 cases related to women’s rights have been appropriately handled by the country’s Supreme Court.
Reporter: Liza Omari
