Arabic books on the islamicshia religion, including some classical and contemporary studies and writings. Brill 1985, available at books overview of the afghan legal system, as it existed prior to the overthrow of najibullah and the rise of the taliban. Fearing is, afghan shias seek help from taliban dawn. In addition, there is complex legislation which stems from different historical periods. Of afghanistans two official languages, pashto is the second most widely spoken language in pakistan and dari spoken by tajiks and hazaras, among others is a dialect of farsi, the language of iran. Childrens books about afghanistan score a book s total score is based on multiple factors, including the number of people who have voted for it and how highly those voters ranked the book.
Family law today in afghanistan for sunni muslims in afghanistan, family law is governed by the civil code of 1976, which is drawn from the french civil code, and from egyptian law, but with roots going back to the first marriage law in afghanistan in the 1920s. The shias of pakistan is a most valuable and timely book. Afghanistan has quietly passed a law permitting shia men to deny their wives food and sustenance if they refuse to obey their husbands sexual demands, despite international outrage over an. Shia law deduces principles from quranic amendments and prophets sayings, fuse those with preexisting law, and produce a new set of rules. A cultural and political history princeton studies in muslim politics. Islamic laws the official website of the office of his. Why this is different than iraq afghan domestic politics revolve more around ethnicity than differences between sunni and shiite sects of islam. To see more differences in shia and sunni hadith collections, visit this wikipedia category and its subcategories. Apr 23, 2019 it is important to remember that despite these differences in opinion and practice, shia and sunni muslims share the main articles of islamic belief and are considered by most to be brethren in faith. What you should know about womens rights in afghanistan.
List of books and articles about afghan history online. The shia family law, which has been denounced inside and outside afghanistan, applies only to the four million afghans who are shia. Islam in afghanistan began to be practiced after the arab islamic conquest of afghanistan from the 7th to the 10th centuries, with the last holdouts to conversion submitting in the late 19th century. Annual report 2019 in this report, shia rights watch quantifies violence against shia muslims and presents the dynamics of antishiism in various nations of the world.
As a legal system, the sharia law is exceptionally broad. The afghan government is as corrupt as a prostitute with a law degree. For sunni muslims in afghanistan, family law is governed by the civil code of 1976, which is drawn from the french civil code, and from egyptian law, but with roots going back to the first marriage law in afghanistan in the 1920s. Sharia and womens rights in afghanistan united states institute. Ayatollah mohammad eshaq fayaz is being supported by afghan shia among them rather influential figures such as second vice president sarwar danish. Isis claims responsibility for deadly attack aimed at afghan hazaras. Here is an in depth but easytounderstand explanation of islams sharia law, including a list of its key rules. Afghan law, womens rights advocates fear that communities will revert to customary norms.
The law instructs national radio and television afghanistan rta, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country. Popular shia books showing 150 of 186 the shia revival. The limited practical value of afghanistan s statutory laws has to be attributed to the decline and demise of central political authority in afghanistan as a result of the civil war, but also to the lack of training of legal professionals and the inability to adapt statutory law to afghanistan s particular circumstances. Apr 06, 2009 afghanistan rape law puts womens rights front and center. New york afghanistan s influential international supporters should insist that president hamid karzai act to amend the notorious law that formalizes discrimination against shia women, human.
Just as the worlds eyes are turning towards afghanistan once again, a few conservative afghan lawmakers are trying to pass a law that would, amongst other things, legalize marital rape, prohibit women from leaving the home without permission, deny them the right of inheritance, force a woman to preen for her husband as and when he desires, and set the minimum female marital age to. Civil society activists have told human rights watch that the governments handling of the shia law leaves them even more concerned about plans. Sharia, sharia law or islamic law is a set of religious principles which form part of the islamic culture. It is the first time in predominantly sunni muslim. The supreme law of the land is the constitution of afghanistan.
The shia personal status law, also known as the shia family law, is a law of afghanistan that was approved in february 2009 with afghan president hamid karzais signature. Sharia simple english wikipedia, the free encyclopedia. Everything you need to know about human rights in afghanistan. Those who are related through women are on equal footing i. A new shia family law signed by afghan president hamid karzai sometime last month would severely restrict womens rights in afghanistan. Article 123 of afghanistan s shia personal status law of 2009 provides that the households supervision is solely the right of the husband and restricts a wifes right to leave the home. How conflicts within islam will shape the future kindle edition by. Afghanistan shia personal status law of 2009 equality now. Afghanistan passes barbaric law diminishing womens. For afghan women, rape law offers little protection. The official authoritative text of the law of afghanistan can only be found in. The power of militant islam in afghanistan and beyond.
I have read all rashids books on taliban and afghanistan and they are. Shia islam also called shiite, or shii is the second largest division of islam, constituting about 1015% of all muslims. Jul 02, 20 the history of shia of afghanistan shia twelver. Afghanistan women protest shia family law wikinews, the. Afghanistan, he shows, attracted thinkers eager to craft a modern state within the. How iran found its feet in afghanistan foreign affairs. The shariainspired aspects of the law, like in egypt, are governed by hanafi. The ministry of justice was accused of ordering afghan laws and evaluating their similarity with universal norms, yet even it didnt have writings of afghan laws, which were to a great extent inaccessible, even among lawyers, judges, law workforce, and government offices. The taliban established a government headed by mullah muhammad omar, the groups spiritual leader and a military leader as well until his death c. Afghanistan is bordered by iran on the west, by pakistan on the east and south, and by turkmenistan, uzbekistan, and tajikistan on the north.
Dec 02, 2011 for afghan women, rape law offers little protection a recent u. Discover the best afghan war military history in best sellers. He added that the minister of justice will study the shia state law, line by line, to make sure it follows the nations. The twoway the attack on a gathering of the mostly minority shia community is. Shia and sunni lived in afghanistan even with jews for centuries the question is not why but who did it afghans are intelligent enough to understand their enemies. Afghanistan revises marriage law but women still required to submit to sexual intercourse afghanistan s government has revised a law that drew international condemnation for condoning marital rape. The afghanistan analyst law bibliography 4 th edition january 20 compiled by. Ali, the prophet muhammads soninlaw and the first imam of shia islam, sent a loyal follower to govern the. Rieck presents a nuanced and historically contextualised study, which examines the cultural and political significance of shia elites in the formation of the state as well as the structural reasons for the rise in anti shia. Under the law, women must not refuse the husbands sexual demands, women must comply to intercourse. Find the top 100 most popular items in amazon books best sellers. The constitution also grants that shia law would be applied in cases dealing with personal matters where all parties are shia. The issue that sparked this weeks action was the shia family law, a piece of legislation quietly signed into law by.
A new shia family law has divided afghanistan, revealing a nation struggling to come to terms with a common yet complex problem. The taliban unlawfully killed and injured civilians including in indiscriminate attacks. The shia personal status law, also known as the shia family law, is a law of afghanistan that was approved in february 2009 with afghan president hamid karzai s signature. Roughly 85% practice sunni islam, belonging to the hanafi school of islamic law. The shariainspired aspects of the law, like in egypt, are governed. President karzai signed the first version of law in april 2009.
These books include discussions about theology taw. Islam on the sly egypts shia come out of hiding middle. Civil society activists have told human rights watch that the governments handling of the shia law. The shia family law was passed for the 3 to 6 million shia muslims who reside in afghanistan. One is simple normal marriage called nikah, while the other is temporary marriage known as mutah or sigha, more information on mutah.
The diminishing status of womens rights in afghanistan came back into focus in march 2009 when the shia personal status law, which was riddled with taliban style misogyny, was passed by. The indian subcontinent also served as a refuge for some shias escaping persecution from umayyads, abbasids, ayyubis and ottomans. A portion of the law pertaining to sexual relations between husband and wife has made international headlines. Afghanistans women find their voice world news the. While the afghan constitution guarantees equal rights for women, it also allows the shia community, which represents about 10 per cent of the population, the right to settle family law cases according to shia law. This report reflects yearround investigations arranged by native activists and international researchers on actions taken to endanger populations based on their shia identity. Islamic state khorasan province isk deliberately targeted civilians in attacks against shia communities and the hazara ethnic group who mostly follow the shia sect of islam. Craig ferguson 1 likes the women in that ward were simple, ordinary refugee women. Timothy mathews juris doctor, 2011 university of maine school of law. The power of militant islam in afghanistan and beyond by ahmed. In the name of allah, the compassionate the merciful the office of his eminence, sayyid alsistani may he live long in najaf, hereby, announces that the crescent of the blessed month of ramadhan was not sighted after sunset thursday 29 shaban, and therefore tomorrow, friday, will be the last day of the month of shaban, and saturday is the first day of the holy month of ramadhan. Afghanistan rape law puts womens rights front and center. Shia muslims believe that following the prophet muhammads death, leadership should have passed directly to his cousin and sonin law, ali bin abu talib.
Afghan law is a combination of islamic law, state legislation, and local customary. Shia islam rejects sunni islams kutub alsittah, or the five allegedly original hadiths, and rejects hadiths attributed to muhammads wife, aisha, who shias feel defied ali. Forces women to have sex with their husbands every fourth night except in the event of illness, ultimately. The law also obligates rta to adjust its programs in light of islamic principles as well as national and spiritual values. Islam is the official state religion of afghanistan, with approximately 99.
In july 2009 the president signed a revised version of the spsl. Iran, talibanruled afghanistan and northern nigeria have implemented islamic laws that have resulted in systematic human. May 04, 2009 but he is likely to find this difficult to do in practice because the shia community wants legal recognition and the new law, while undoubtedly oppressive to women, largely reflects their actual. Shia books islamic events pillars of islam how to pass exams peace be upon him english book books to read law multimedia. In fact, most muslims do not distinguish themselves by claiming. Apr 18, 2009 a new shia family law has divided afghanistan, revealing a nation struggling to come to terms with a common yet complex problem. According to the twelver shia, the main goal of mahdi will be to establish an islamic state and to apply islamic laws that were revealed to muhammad. Asia why is islamic state targeting shiites in afghanistan. Isis claims responsibility for deadly attack aimed at. Shia law applies per stirpes succession among descendants of a. Islamic state has once again chosen to target shiites in its latest kabul attack that killed at least 26 people. Likewise, sunnis reject shia islams the four books. Sometimes the hardest part of going to war is coming home by. As you can see, the most controversial elements concern women.
Crimes under international law and abuses by armed groups. Shia islam in afghanistan is practiced by a minority of the population. It regulates divorce and separation, inheritance, and age of marriage. Afghan shia are primarily the twelvers, while a minority are ismailis. This controversial shia personal status law, published in the countrys official gazette gazette 988, regulates the personal affairs of afghanistan s shia population. In fact, most muslims do not distinguish themselves by claiming membership in any particular group, but prefer, simply, to call themselves muslims. Afghanistan rising and millions of other books are available for amazon kindle. Nov 02, 2014 a new leader is emerging in afghanistans shia community, one who so far has chosen to abstain from any presence or involvement in the religious or political affairs of the country. While the afghan constitution guarantees equal rights for women, it also allows the shia community, which represents about 10 per cent of the population, the right to settle family law cases according to shia. Shia islam was introduced to the indian subcontinent during the final years of the rashidun caliphate.
Twelver shia is the largest branch of shia islam, with 2012 estimates saying that 85% of shias were twelvers. Sharia and national law in afghanistan jura gentium. Both nikah and mutah to be initiated require two instruments, first is aqd and second is mahr. Afghanistan revises marriage law but women still required. Irans activities in afghanistan have not drawn the outside attention that its operations in iraq, syria, yemen, and the persian gulf attract. The shia, sunni and akhirulzaman by sheikh imran hosein duration. The first book is of a sunni brother who was exposed to the shia for the first time, after studying several sunni madhabs, including sufism.
List of books and articles about taliban online research. The sharia law itself cannot be altered but its interpretation, called fiqh, by muftis islamic jurists is given some latitude. The quran does not have the verses on imamate, which is the basic doctrine of shia islam. The taliban subsequently won control of kandahar, and by 1996 they had gained control over much of afghanistan, including kabul, either by force or through forming alliances with other mujahidin. The sunni muslims recognise the four caliphs as rightly. The immigration continued throughout the second millennium, until the formation of modern nation states. The two major shia communities in afghanistan are the ithna ashariya or twelvers, also called imami, and the ismaili, sometimes called the seveners. A new leader is emerging in afghanistan s shia community, one who so far has chosen to abstain from any presence or involvement in the religious or political affairs of the country. But afghanistan remains an important and often difficult arena of iranian foreign policy, a country where tehrans decisionmakers are slowly righting the course after decades of falling short.
Family law in afghanistan family law today in afghanistan. It is the first time in predominantly sunni muslim afghanistan that the shia, mostly members of the longoppressed hazara ethnic group, have had their rights legally defined. English books shia multimedia shia books, english book. Politically aware shia students formed the hard core of the afghan maoist movement of the 1960s and early 1970s after 1978, shia mujahidin groups in the hazarajat, although frequently at odds with. Lower courts apply shia law in cases dealing with personal matters for shia followers. A cultural and political history princeton studies in. The contents of these books are taken from the 8th to the th century 2nd to 7th century of islam. The kite runner by khaled hosseini, a thousand splendid suns by khaled hosseini, and the mountains echoed by khaled hossein. Shia and sunni muslims share the main articles of islamic belief and are considered by most to be brethren in faith. The law is regarded as being very repressive towards women. Shia hazaras in predominantly sunni afghanistan also share religious connections with shia iran. The talibans perversion of sharia law houriya ahmed. The absence of due process of law remains a fundamental failing of the afghan legal system, as afghans continue to face arbitrary detention, are frequently denied access to a lawyer, and are often. These books seek to give a rational account of shia theology in contrast with the ashari, mutazili and other theological schools of islam.
The ministry of justice was charged with compiling afghan laws and assessing their compatibility with international standards, but even it did not have texts of afghan laws, which were largely unavailable, even among attorneys, judges, law faculty, and government agencies. Popular afghanistan books showing 150 of 2,587 the kite runner paperback by. The legal system of afghanistan consists of islamic, statutory and customary rules. Afghanistan president hamid karzai passes controversial law.
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