Visiting the Islamic Women's Jurist Association

Visiting the Islamic Women Jurists’ Association
by Le Anne Clausen

“This week, you will be meeting with women judges, doctors, candidates for Parliament. This did not happen overnight,” said the judge when she first sat down with us at the Islamic Women’s Jurist Association. She wanted to be sure that we understood this completely. “There have been women judges in Afghanistan for thirty years, even though the number hasn’t been very high.” There are perhaps 45 or 50 in the entire country. The Taliban fired the women judges; after the regime fell, UNIFEM re-trained 100 female judges and lawyers to resume practice in the country.

The office was arranged like a typical house with a formal sitting room, and our plates were loaded up with fancy cookies and large cups of green tea while she spoke. The organization is presently working on about 150 cases regarding women’s rights or legal concerns, such as a divorced mother’s custody struggles. They are also providing computer and English courses for another 100 legal professionals; legal awareness training to 400 high school students and teachers in Kabul, and working to promote family law in the Afghan constitution, networking with human rights groups worldwide and participating in CEDAW (the Convention to Eliminate Descrimination Against Women) and projects on women’s rights within Islam. In these activities they were thinking ahead to the Parliamentary elections, to take place in September.

In Islam, women’s rights are set forth more specifically than in other religions, she said. “There is no difference, men and women are equal.” However, she feels outside propaganda enforces the rules wrongly.

The judge listed as examples women’s entitlement to extra respect and special rights as breastfeeding mothers; and that there is no limit against women’s vocation: “Aisha became a judge in family matters.” Men generally engage in heavier labor, and women respect men’s responsibility and role to feed their families. Fathers and husbands are responsible for feeding and caring for the women. Women have the right to keep their own money and property. The women’s vote she traces back to the 14th century as coming from Islam. It’s okay to get to know a potential husband in Islam before committing to the marriage contract, and under Afghan law it is permissible to break the engagement if it’s not a good match–something which she says many families do not understand.

The organization works primarily on women’s problems which are most urgent–such as necessitating leaving the home. In divorce, separation, and custody disputes, there are cases of adequate feeding, questions of property, and how to resolve marital problems. One option available is to have the young children stay with the mother while the husband provides for the family’s food. After age seven for boys and nine for girls, the children may be given to the father if the wife remarries. If she doesn’t remarry, the children should generally remain with the mother if they are happy and receiving a good education.

If the husband doesn’t pay child support, the community is to pressure him into doing so. If he has no job, then he should pay out of his property; if he has no property, then he must ask a male relative to assume the responsibility for him.

There are three female judges in the women’s court, judgements are carried out if two of the three judges agree. One judge presides at the panel, but all have equal status.

Shari’a law is considered a complete code and base system for civil law in Afghanistan. However, cases like adultery are considered as criminal acts. Muhammed also ruled that adulterers may be stoned, however, if the woman proclaims her innocence, the case and punishment falls under each country’s own laws. A woman must confess her guilt ten times according to Shari’a, to remove any doubt of her committing the crime. There are different rules and sentences depending on whether the woman is a virgin, a widow, or married–instead, she may be jailed for a time (one to twenty years) or have her independence restricted. This was still quite difficult for our group to hear.

The judge had something else for us to consider, however. “When foreign journalists come to Afghanistan, they only film the negative aspects, the dirty areas, the burqas. They never come to us, we who are successful women.”

When asked about the burqa, she said it was developed in the Turkish and Indian cultures, and no explanation or mandate for it can be found in the Qur’an or Shari’a law. “It is not Islamic or Afghan.” She believe’s the Islamic pilgrimage dress is the ideal–covering in simple clothing which covers the limbs and hair in modesty, but allows for freedom of movement–for both genders.

“We ask why women still wear the burqa, and they respond, ‘I got used to wearing it and now I’m uncomfortable going without it,’ or that their family or husband requires it, or for security reasons.” She says it is much more common among women living in the villages. Meanwhile, all of the women in the office were dressed in stylish long suits with long, loose shawl head coverings.