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Whoever implements Sharia law in Afghanistan must accept women’s rights
Anyone who declares his rule over Afghanistan and implements Islamic Sharia must protect the rights of women and girls
Author: Reem Al-Salam
(She is a special representative of the United Nations in the field of violence against women, causes and consequences. She wrote this article in English, which is the Pashto version)
After entering Kabul on August 17th, in their first televised meeting, the international Taliban were heard to assure that they will neither harm anyone nor take revenge on the people who are either against them or against them. It actually worked against them.
The most important thing he said is that women can continue to work and girls can go to school, but (they will do all this within the framework of Sharia).
But here it should be clarified that there is no such thing or single entity that has the ownership or control of the interpretation of (Sharia). One feature that Islam has from other scriptural religions is that there is no tradition of appointing clerics in this religion, but its followers are all equal.
According to the Holy Qur’an (verse 2:256), no one has the right to impose his religion on others, including religious law. This egalitarian way of religious governance has found its prominent position in the rich majority and combination of religious understanding and religious policies.
It is important to note that women, like men, have the same right and responsibility to explain the Shari’ah. It is very important that this rich tradition should continue in the entire Muslim world, including Afghanistan.
All Afghan officials, whether they are officially or unofficially in power, will always be aware of the difference between Sharia and Fiqh according to the traditions of Islamic law. Shariah (literally means the way – the way to the source of water) is the holy message of God and the set of religious values and principles sent to teach people how to live their lives. This is for all the Muslims of the world. In general, these values and principles are without any dispute the goals of the Shari’ah which are mentioned in the Holy Quran and which the Prophet of Islam acted on.
On the other hand, jurisprudence (literal meaning – understanding) is the efforts of humans to understand God’s message and give it the form of worldly laws and regulations. This is also the reason that jurisprudence changes according to place, time and people. Unlike the Shariah, jurisprudence was created by humans and is subject to change. It is the blessing of jurisprudence that the meaning of Shariah is constantly reaching throughout the Muslim world and with the change of context it comes into use in every era.
It is a very superficial and dangerous interpretation to equate the divine law, which reigns over hearts and minds, with man-made jurisprudence. Some pretend that they are talking about Shariat, but in fact they are not discussing Shariat but jurisprudence, and they give sanctity to jurisprudence which has nothing to do with it. Jurisprudence always consists of various human interpretations and knowledge of Sharia.
In fact, disagreement, which means difference of opinion, is widely accepted and respected in Islamic jurisprudence. The Prophet of Islam, Muhammad, peace and blessings be upon him, said, “Difference in my ummah is a mercy.”