Introduction of Shia Law –
A Socio-Political consideration
Jimmy Dabhi
April 27, 2009
The introduction of Shia Law passed by the parliament and signed
by the President has surprised many and shocked some. There were also protests
by social and human right activists and gender sensitive people. There are
reports flashed all around and it has become international news.
The law is looked from human rights, women’s rights and
gender-equality consideration. What is exactly in the law is not yet clear but
it appears that it is quite anti-women, Shia women or Sunni women makes no
difference. What is being discussed in various circles including academia
indicates that the implication of this law will legitimise violence and sexual
abuse on girls and women. In some way it also contradicts the provision made in
the Constitution for example the marriageable age for girl is 16 and for boy it
is 18 but this Law allows to marry girls at the age of 9 or/and puberty which
approximately will be about 11-13 years of age. There are social studies and
medical reports from across the world about socio-psycho and biological
implication of a girl-child marriage on girls and society at large. One finds
difficult to believe that people who have introduced the bill and those who have
voted in favour of the bill are oblivious of these implications. They are
legislators and the minimum a citizen expects is that those who are voted in
power will safe guard the interest of the citizens, the public, and more so of
those who are vulnerable in many aspects, the girl children and women.
But maybe there are other considerations at play here and why
not? Election is round the corner? And after all politics as it is said is the
art of the possible. Some media and critics have already suggested that the bill
is to appease Islamic fundamentalists ahead of elections in August.
The Bill passed has come to be known as Shia law, a family law
and applicable to a religious community of shia in Afghanistan. The community is
small in number; some suggest that it is about 15 % of Afghanistan’s population.
It may be misleading to consider this religious community as a cohesive
community; there are diverse groups and ethnic affiliations within the community
and not all approve of this Law. This religious community smaller in number
compare to Sunnis have felt and experienced neglect, marginalisation from
various public sectors of Afghanistan such as education, health, etc. When a
community feels and perceives itself being marginalised or being kept at the
periphery in the governance and management system of a county there is bound to
be some grievance, ill feeling and potential conflict. Some section of the
community will in such a situation may exhibit stronger assertion to be
recognised and acknowledged as a community at the centre seat of power. It is
the responsibility of the State to examine and pay attention to and address such
perceptions and grievances.
The introduction of the bill needs to be viewed from this
socio-political angle along with other motives accompanying it. A few leaders
from the community or those who want to be seen as friends of the community for
political or other reasons may find introduction of this Law as a legitimate way
of this community being recognised and included. But considering the
implications of the law one wonders whether it is the good of the community that
is at heart or there are other considerations at play here in introducing this
law. If the parliamentarians want to be more inclusive of all the religious and
ethnic communities in Afghanistan than there are many creative, meaningful,
relevant and equitable ways of doing so. They could think of framing policies,
programmes and budget allocation which further empower these communities in
terms of their representation in parliament, including women from this community
in the governance at various levels and providing opportunities to the community
members in the public arena. Passing such a bill is not the only way of making
this community feel included and acknowledged; on the contrary it may prove to
be counterproductive.
Political ambitions and interest of a few or a party does not
always match the interest of the larger population. Islam teaches inclusiveness,
brotherhood and sisterhood. Divisive and petty politics may not help rebuild
Afghanistan as a robust and vibrant society where the women and men of all
sections and communities enjoy the peace and prosperity Allah has blessed the
human race with.
Jimmy Dabhi is a Visiting Professor – Herat and Bamyan
University Kabul. He can be reached at
jimmydabhi@gmail.com
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