Meena Sadr is a former JURIST correspondent in Afghanistan. She now lives in the United States.
The Taliban have lately passed the so-called Law on Propagation of Virtue and Prevention of Vice, which “shall be enforced in all offices, public places, and people living in the territory of Afghanistan” (Article 4). The provisions of this law embody the public erasure of women and proof of the establishment of a gender apartheid regime. The law defines “Hijab” as an attire that covers the body and face of women which should not be short, thin, or tight (Article 3). The section related to the women’s Hijab defines a woman’s face and voice as intimate parts (awrat). Consequently, a woman shall conceal her voice, body, and face if they need to leave the house for urgent needs.
The mandatory Hijab for face and voice has no roots in the culture or the religion of Afghanistan people as the Taliban argues. For example, a documentary filmed by Nancy Dupree in northern Afghanistan 1974 showcases the legal and customary rights of women who did not conceal their faces or voices. Moreover, thepromulgated dress code is part of Islamic etiquette, not required behavior. Covering the entire body except hands and face was developed using the Hadith, sayings of the prophet Muhammad, three centuries after his death. Jurists of the Hanafi and Maliki schools of thought also prescribed covering the entire body except the face.
The recently passed law is a testament to two important points. First, the Taliban has established a gender apartheid regime. Gender apartheid is defined by human rights lawyers, academics, and advocates as “… inhumane acts…, committed in the context of an institutionalized regime of systematic oppression and domination … by one gender group over another gender group or groups, and committed to maintain that regime.” Although the term gender apartheid is not codified in the international human rights conventions, advocates from Afghanistan and Iran have started to campaign for the codification of gender apartheid as a crime against humanity. Since the takeover of Afghanistan in mid-2021, the Taliban has passed more than one hundred decrees banning a wide spectrum of women’s rights, to name a few the right to work, the right to get educated, and the right to movement. It is time for international lawyers and academics to advocate for the recognition of gender apartheid as a crime against humanity.
Second, the Taliban law is undeniable proof that Taliban apologists were wrong about the Taliban’s supposed ideological shift. The reality is that the Taliban have not evolved; rather, they have become even more brutal and cruel. In their view, women are not even considered second-class citizens. Afghanistan academics, lawyers, and activists had long asserted that the Taliban had not changed. However, their warnings went unheeded.
This point is crucial because the Taliban has not faced significant consequences for their ongoing ban on women’s basic rights. Despite this, the Taliban government has received billions of dollars as humanitarian aid. The irony of this situation lies in the fact that, while they benefit from international aid, Article 20 (20) of the Law on Propagation of Virtue and Prevention of Vice prohibits any form of friendship or assistance with infidels. Yet, the Taliban consistently seeks international recognition, a seat at the UN, and the continuation of humanitarian aid.
