Since 2009 the bill on Curbing Violence Against Women, which was passed by a presidential decree, has been implemented by the Afghan government’s legal and judicial entities. On 18/05/2013 the bill was brought before the Afghan Parliament (Wolesi Jirga), but a number of the MPs opposed the bill, arguing that many clauses of the bill are against Islam, and thus they could not reach to any conclusion. Therefore, the bill is now presented to the Women and Human Rights Commission of Parliament.

For a long time, the issue of violence against women has been raised by the liberal social groups, women rights organizations of Western countries, the UN and some naïve women activists. It is being propagated strongly by some of the liberal media channels in Afghanistan that paved the way for tens of women to stage a protest in front of the Parliament. Their demand is that the bill should be accepted as it is without changing any of its clauses.

The Muslim and Mujahid people of Afghanistan should realize:

Islam has not been taken as the primary source while drafting this law, that’s why even the first article of the bill shows that this is copied from Afghanistan’s constitution which is derived from the west and not from the Islamic Shariah. Beside the 3rd Article, Sub-Article 3 of the same bill states that, if not done by force adultery and homosexuality are not considered as crimes. Besides, in the punishment section of the bill, there is no mention of Islamic punishments, for example capital punishment for adultery is not there at all. Similarly, establishing Khana-i-Amn (House of Peace), 18 years of age for marriage, condition of permission of the first wife for the second marriage and removing parents’ permission for marriage are those clear aspects that contradict Islamic Shariah. All these human made laws intend to degrade women and make them a mere product for commercial purposes.

Since 2001, after the brutal US invasion of Afghanistan, the western crusaders have been trying through their agent rulers to replace all the Islamic laws. For this to happen, one of their fundamental steps was to establish the Loya Jirga and then make the so-called representatives of the people of Afghanistan to legitimize their malicious acts and Afghan Constitution. After that they managed to establish another bogus institution called parliament, so that to legalize the laws based on majority.

However, laws that are made and accepted by the majority of the Loya Jirga and parliament or even made through referendum, would be considered Haram (forbidden), because the process of making law and the sources of jurisdiction was not Allah سبحانه وتعالى and his Shariah, rather the views of the representatives. In other words, it means that even if they implement a certain Islamic Hukm just after it passed its democratic process, it is still Haram, because nobody can put Allah’s سبحانه وتعالى Hukm to a voting process.

It is therefore not allowed for the Muslim Ummah to make laws other than the laws based on the Shariah rules, which are Quran, Sunnah, Ijma (consensus) of the Sahaba and Qiyas (analogy), not majority etc. However, for those things which are not clearly mentioned in the Islamic sources the Mujtahideen would do their Ijtihad. The Islamic ruler (Khaleefah) then, based on the strength of the evidence adopts one of the Ijtihad that protects the Aqeedah and unity of the Ummah.

Hence, we call upon all Muslims in Afghanistan to follow the footsteps of the students and teachers of Kabul University, and record their protests in every corner of the country, so to stop this man-made legislation and replace it with Islamic Shariah by re-establishing the Khilafah state.

وَنَزَّلْنَا عَلَيْكَ الْكِتَابَ تِبْيَانًا لِكُلِّ شَيْءٍ وَهُدًى وَرَحْمَةً وَبُشْرَى لِلْمُسْلِمِينَ

“We have sent down the Book to you making all things clear and as guidance and mercy and good news for the Muslims.”

(An-Nahl, 16:89)

The Media Office of Hizb ut Tahrir in Wilayah of Afghanistan