Taliban Takeover and the Sharia Law

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admin November 4, 2021
Updated 2021/11/05 at 6:12 AM

The Taliban has vowed that under their newly created government, women in Afghanistan will enjoy rights “within the confines of Islamic law,” or Sharia. However, it is unclear what this would imply. The Taliban have a reputation for enforcing Sharia law to the letter, including public executions of convicted murderers and adulterers.

What is the Sharia Law?

The legal system of Islam is known as Sharia. It is based on the Quran, Islam’s sacred book, as well as the Sunnah and Hadith – the Prophet Muhammad’s acts and sayings. Religious experts may provide judgements as advice on a particular topic or question if a solution cannot be obtained immediately from these. Sharia literally translates to “the clear, well-trodden way to water” in Arabic. Sharia is a rule of conduct that all Muslims should follow, including prayers, fasting, and charitable contributions to the needy. Its goal is to assist Muslims comprehend how to live their lives in accordance with God’s will in every way.

Sharia is a complicated legal system, and its application is totally dependent on the competence and expertise of specialists. Islamic jurists give advice and make decisions. A fatwa is a piece of guidance that is regarded a formal legal judgement. Islamic law is divided into five schools. Hanbali, Maliki, Shafi’i, and Hanafi are four Sunni schools, whereas Jaafari is a Shia school. The five schools disagree on how literal the writings from which Sharia law is drawn should be interpreted. Islamic law is highly varied according to local culture and customs, thus Sharia may seem very differently in various areas.

A Muslim’s daily life can be influenced by Sharia. For example, a Muslim who is unsure what to do if their coworkers ask them to the bar after work may seek counsel from a Sharia expert to verify that they are acting within their religion’s legal framework. Family law, banking, and business are some of the other areas where Muslims may seek advice from Sharia.

What are examples of the harsh sentences?

Sharia is primarily a rule of ethical behaviour, as well as a code of worship and charity, according to Islamic thinkers, but it also addresses criminality. In Sharia law, crimes are divided into two categories: “hadd” offences, which are major crimes with fixed penalties, and “tazir” offences, which are less serious crimes with the judge’s discretion. Theft is one of the Hadd offences that, in the harshest interpretations of Sharia, might result in the offender’s hand being amputated. In the implementation of hadd punishments, there are several protections and a high bar of evidence. Some nations that apply Islamic law impose or enforce such punishments for hadd offences, and polls show that Muslim views toward heavy punishments for such offences vary greatly.

What’s the big concern this time?

From 1996 to 2001, while the Taliban ruled Afghanistan, they outlawed television and most musical instruments. When the Taliban governed Afghanistan before, they enforced a severe one, prohibiting women from working outside the home or leaving the house without a male guardian, banning girls from attending school, and publicly whipping anyone who disobeyed the group’s morality code. Morality police personnel enforced restrictions on conduct, appearance, and mobility by driving about in pickup trucks, publicly shaming and flogging women who did not follow their regulations. According to Amnesty International, a lady in Kabul, Afghanistan, had the end of her thumb chopped off in 1996 for wearing nail paint. Adultery-accused women were stoned to death. For them, Shariah rule meant no access to school, limited access to health care, no access to justice, no shelter, no food security, no work, nothing. When the Taliban say they’re enacting Shariah law, it doesn’t always mean they’re doing it in ways that Islamic scholars or other Islamic authorities would approve of. The militants have not said how they intend to use it at this time. Millions of Afghan women fear a return to the old traditions now that the Taliban has taken control of the country

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