women’s rights and gender-based discrimination · we also hope the information here affirms that...

Educational booklet

Women’s Rights and Gender-Based Discrimination

July 2019


Table of Contents Preface 1

1. Women’s Rights and Gender Discrimination 21.1. Enabling Elements 41.2. Islamic Framework 51.3. Afghan Legal Framework 9

2. Marriage and Heinous Traditions Associated With It 92.1. Types of Harmful Marriage-Related Traditions 92.2. Enabling Elements 132.3. Islamic Framework 142.4. Afghan Legal Framework 15

3. Violence Against Women 163.1. Islamic Framework 183.2. Afghan Legal Framework 19

4. Access To Education 194.1. Enabling Elements 204.2. Islamic Framework 214.3. Afghan Legal Framework 22

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PrefaceGender inequality has been a challenge that societies have grappled with since time immemorial, although the specific dynamics have varied for different societies in different periods. The root causes of violations of women’s rights and gender discrimination relate to the cultural, social, political and economic conditions present in a given society. Similarly, gender inequality and gender-based discrimination against women in Afghanistan are influenced by political, cultural and family factors found in Afghan society. Although it is widely held that gender discrimination has deep roots in a society’s cultural structure, in fact social, economic and political factors also play a significant role in shaping inequalities and dual standards. The male-dominated society, women’s lack of financial independence, a lack of political commitment to eliminate gender inequalities, a lack of law enforcement and lack of women’s access to justice all make it difficult for women’s rights activists to fight gender inequalities and discrimination.

This booklet illustrates four negative consequences of dual gender standards: A denial of women’s rights and gender discrimination, harmful marriage-related traditions, violence against women, and inequality in the right to education. Other barriers to women’s participation in the economic and social development of Afghanistan including the right to divorce, the issue of forced marriage of widows, inheritance and property rights, and honour killings, are equally immobilizing, but are not discussed in this booklet.

In this booklet, we have aimed to explain the different forms of gender discrimination, and its consequences, as well as to clarify women’s rights from the viewpoint of Islamic law and Afghanistan’s statutory laws.

We hope that the information found here helps raise awareness among women, especially those who are not fully aware of their basic rights. We also hope the information here affirms that violations of women’s rights are also violations of Islamic law as well as of Afghanistan’s statutory laws.

Murwarid ZiayeeSenior Director, CW4WAfghan

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1. Women’s Rights and Gender Discrimination Around the world, family is seen as the central unit of society and one that shapes common behaviors and attitudes within a society, as well as shared value systems. The Universal Declaration of Human Rights defines family as “the natural and fundamental group of society” which is “entitled to protection by society and the State.”

The Constitution of the Islamic Republic of Afghanistan also places a high value on the family: “Family is the fundamental pillar of the society, and shall be protected by the state. The state shall adopt necessary measures to attain the physical and spiritual health of the family, especially of the child and mother, upbringing of children, as well as the elimination of related traditions contrary to the principles of the sacred religion of Islam.”

The family teaches its members about fundamental values such as compassion, respect and kindness. However, in many countries, including Afghanistan, families practice double standards towards male and female members of the family. This double standard manifests in many families in the form of women and girls being treated unfairly in comparison to boys and men. Although women’s rights are upheld by Islamic teachings as well as under Afghan and international law, women in Afghanistan are, in practice, often treated as second class citizens. In this country, gender-based double standards often started even before one is born. From the moment the sex of an unborn child is determined, it will determine how she or he will be treated for the rest of her/his life. Those women who have no son will be blamed for bringing shame to the family and it is accepted by custom that the husband of such women can marry a second wife or divorce his wife.

In Afghanistan, girls are considered as temporary members of the family because eventually they will marry and join their husband’s family. Thus, boys are treated better, fed better and get better clothes. Moreover, boys are more likely to have the opportunity to study and enroll in higher education. Spending on learning and education, especially for those who are considered a temporary family member, costs a lot. With this kind of

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mentality among families it is hard to expect that they will invest in girl’s education.

Moreover, there are many families that believe that girls are fundamentally less talented and intelligent compared to boys so shouldn’t go to school. They also believe that women will do house chores for their entire life so there is no need for them to go to school. Consequently, women’s dreams of getting an education are often ignored because of this highly limiting view of the role of women as being strictly for parenting, taking care of their husbands, and doing housework.

Obviously, a culture that perpetuates the idea of women’s inferiority negatively affects women’s self-esteem. Being disrespected by their families, girls also come to believe that their value is lower than boys. Therefore, they become dependent and spiritless, and this state of mind also plays a role in compelling many women and girls into accepting early, arranged and forced marriages. Being unaware of the rights provided by the Quran and law, women treat their daughters the same way that they were treated in their childhood. This cycle continues to perpetuate gender discrimination in the society.

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The gender double standard is the biggest barrier to growth and development in all sectors including the economy, governance, health and education. Research has clearly demonstrated that countries where women have poor status, are the same countries that suffer from poverty, weak governance, low health standards, and have lower quality of life. When half the society is cut off from participating in nation-building and development, this impedes the entire community.

1.1. Enabling FactorsThe gender double standard is widespread in different parts of the world, but its severity varies from country to country. It is perpetuated by enabling factors rooted in social structures, resulting in a continued gender double standards in Afghanistan. The same factors lead to harmful marriage traditions, violence against women, and barriers to women’s education. These factors include:

Patriarchy: Afghanistan, like many other tribal societies, is a patriarchal society. In such societies men control the power in both the family context and the broader community, and the voices and needs of women are excluded and ignored. Many important decisions that shape the lives of women, such as decisions about marriage, education, work outside the

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home, among others, are taken by men (at the beginning by fathers and brothers, and then by husbands and sons). On the other hand, women are treated as property and often suffer from domestic violence.The mistreatment of women in the family results in institutionalizing violence against women within families: sons who witness their fathers abusing their mothers will grow up to treat their wives the same way. Girls also will come to accept that physical and mental mistreatment of women is normal. Therefore, by accepting mistreatment from their husbands, women and girls also play a role in the continuation of this harmful tradition.

Misinterpretation of Islamic Sharia: Women’s rights opponents often invoke Islamic teachings to justify their views. Yet many of these harmful traditions existed before Islam and in fact they are in conflict with Islamic teachings. Nevertheless, women’s rights opponents have succeeded in suppressing women, limiting their activities in the society, making them vulnerable to violence, and violating their basic human rights. Their opposition is likely rooted in their own desire to maintain complete control over women, and their feeling threatened by women gaining more freedom and rights.

The Impact of Prolonged Armed Conflict: The decades of armed conflict have led many people to perpetrate violence in day to day life. Poverty,

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insecurity, an uncertain future, and the consequent denial of political, social and economic freedoms that have resulted from decades of war, have further aggravated individuals’ reliance on violence as a means of dealing with problems in this country.

Lack of Political Will: In order for important and sustainable change to occur to rectify the gender double standards, harmful marriage traditions and educational barriers, there must be top down commitment from the country’s political leaders. The Government of Afghanistan has committed to promote and enhance gender equality, protect women’s rights and eliminate the culture of violence against women through the Constitution and other laws, as well as by signing international human rights treaties.

However, few significant steps have been taken to comply with these commitments. Although there is ample evidence of the severity of the challenges faced by women and girls across the country, the Government has been slow to take serious initiative to eliminate them.

Lack of Access to Justice: Taking into consideration that the Government of Afghanistan has no control over some parts of the country, it cannot provide protection and justice to all its citizens. Obviously, lack of access to courts, hospitals and the services of women’s rights organizations are not the only problems. The Government’s inability to enforce the law in some areas is a fundamental problem that causes women to be deprived of justice.

Moreover, the level of knowledge amongst most Afghans is very low. It is estimated that 90% of Afghans have only a vague understanding of the concepts and sources of codified laws. The level of understanding of Islamic law and customary laws is also very low. Many believe that customary laws are in accordance with Islamic law (Sharia), while many rules of these customary laws contradict both Islamic and Afghan codified laws.

Lack of Access to Learning and Education: In different parts of Afghanistan girls are threatened or even killed for going to school. Their families also don’t take their daughters’ education seriously because they believe that they will eventually get married and leave home, and therefore, girls do not need to study.

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Women’s Economic Dependence on Men: Most Afghan women do not work outside of the home because their families or husbands don’t give them permission to do so or they cannot find a job due to their lack of education. Therefore, men are typically the breadwinners in the family and they get to decide how to use the family income. It is very hard for women to be safe from domestic violence when they lack financial resources and are therefore unable to leave an unsafe household.

1.2. Islamic FrameworkGender double standards contradict Islamic teachings. However, those who oppose gender equality and women’s rights have sought strategic means of finding ways to continue discrimination against women by misinterpreting Islam, and by preventing women from directly accessing Islamic teachings to draw their own interpretations.

According to Islamic teachings, in the first place, a child is a human being regardless of her/his sex:O mankind, fear your Lord, who created you from one soul and created from it its mate and dispersed from both of them many men and women. And fear Allah, through whom you ask one another, and the wombs. Indeed Allah is ever, over you, an Observer. (Surah An-Nisa [1] - Al-Qur’an al-Kareem)

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The meaning of this noble verse is that gender has no relation to human rights, because the gender of people is determined by the will of God. There are many verses in the Holy Qur’an emphasizing the equality of women and men:And whoever does righteous deeds, whether male or female, while being a believer - those will enter Paradise and will not be wronged, [even as much as] the speck on a date seed. Surah An-Nisa [124] - Al-Qur’an al-Kareem)

O people! We created you from a male and a female, and made you races and tribes, that you may know one another. The best among you in the sight of God is the most righteous. God is All-Knowing, Well-Experienced. (Alujarat [13], Quran)

The believing men and believing women are friends of one another. They advocate virtue, forbid evil, perform the prayers, practice charity, and obey God and His Messenger. These—God will have mercy on them. God is Noble and Wise. (Altawba [71], Quran)

Muslim men and Muslim women, believing men and believing women, obedient men and obedient women, truthful men and truthful women, patient men and patient women, humble men and humble women, charitable men and charitable women, fasting men and fasting women, men who guard their chastity and women who guard, men who remember God frequently and women who remember—God has prepared for them a pardon, and an immense reward. (Alahzab [35], Quran)

The Holy Qur’an talks about the equality of women and men and praises righteous women. Qur’an praises Asia the wife of the Egyptian Pharaoh and Maryam mother of Jesus, and names them role models for righteous women.

Ayesha was an important woman in the history of Islam. More than 1000 hadiths are based on quotes from her. Another revered female figure in Islam is Bibi Khadija who spent all her property and money for the establishment and development of Islam. Similarly, Bibi Fatema Alzahra, daughter of Prophet Mohammad (PBUH), and his granddaughter Bibi Zainab were prominent women who sacrificed a lot to help strengthen Islam in the first century of its emergence. Providing examples from the Qur’an like these, on the importance and presence of women in Islamic society, will further strengthen Islamic teachings and help to recover and expose the consequential roles women have played in Islam.

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1.3. Afghanistan Legal FrameworkStatutory Afghan laws are based on Islamic principles. Article 3 of the Afghan Constitution states: “No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan”.

Article 22 entails the equal rights of men and women: “Any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden. The citizens of Afghanistan, man and woman, have equal rights and duties before the law.”

2. Marriage and Heinous Traditions Associated With ItThe Afghanistan Civil Code defines marriage as: “a contract that legalizes intercourse between man and woman with the aim of forming a family, and establishes the rights and obligations for the parties” (Article 60, Civil Code of Afghanistan).The legal age of marriage is 18 for boys and 16 for girls (Article 70, Civil Code of Afghanistan). This age restriction prevents child marriage and provides girls and boys with the opportunity to choose their own spouse and begin their marital life at a more mature stage in life.

In practice; however, these legal protections for the rights of males and females to choose their partner and marry as adults, are often violated. Here, we explain how some traditions related to marriage found in Afghanistan violate Afghanistan’s Civil Code, Islamic Law, and international human rights law.

2.1. Types of Harmful and Heinous Traditions Associated with Marriage

Unfortunately, in Afghanistan today, there are many types of harmful and abhorrent marriage-related traditions. A grave shortcoming of Afghan law currently is that it lacks provisions for punishments for those who are responsible for forced marriages. In forced marriages, children or adults are forced to marry people against their own wishes, but rather, based on their families’ or elders’ decisions.

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Forced marriages are harmful to both men and women, but girls and women are the first victims of this culture, because boys are not treated as property, and they have the option to remarry if they want. Further, women and girls in forced marriages are especially vulnerable to domestic violence. The types of forced marriages are as follows:

Child Marriages: Even though the age of marriage has been determined by law, child marriages are still customary in the country. In some provinces in the rural areas, the age of marriage for girls can be as low as eight years old. A large number of girls are forced into marriage before they are 16 years of age. Child marriage, which is actually a form of child abuse, occurs in situations like:

1. The couple are both children. Families often engage their children to each other when they are not yet born or newly born in order to consolidate their family relationship through this engagement.2. One of the members of the couple is a child (the girl). Often, families marry their daughter to old and rich men, in exchange for a sum of money and/or other valuable goods. The purpose of such marriages is essentially financial. Although the boys also suffer from child marriages, the girls are the first victim of them.

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Girls who are forced to marry at a young age will face problems in many areas, such as: losing opportunity for education, pregnancy-related health problems including an extremely high risk of maternal death, and mistreatment by the husband and his family. Research has clearly proven that under-age brides are at high risk of maternal mortality, pregnancy complications, high risk births, and their infants and children are at high risk of infant and child mortality, infant and childhood diseases, malnutrition, and other health complications. If such girls are the second or third wife in a marriage, they will often face abuse from the other wives, as well as from their husband. Such girls do not have any control over their lives. These problems lead to consequences such as suicide, self-immolation, escape from home, addiction and divorce.

Baad: This is a practice in which, at the time of resolving serious conflicts, such as murder and “moral crimes” such as rape and adultery, the accused family gives a girl to the claimant family. Baad is common throughout the country, but it is more commonplace in tribal and patriarchal districts that are outside the control of the state or where the government has less control. A family that takes a girl as a bride through the practice of baad usually mistreats her, because she is associated with the crime committed.

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Badal (‘Exchange’): Badal is a practice where girls are exchanged between two families. This custom is more common among poor families because they are not able to afford wedding expenses. Two families, who both have young daughters and sons agree to marry them to each other. For example, the eldest son of a family marries the eldest daughter of a family or the youngest daughter of a family marries the youngest son of another family. The main problem with this tradition is that girls and boys do not have the authority to choose their future spouses.

Brideprice: According to this custom, the daughter’s family wants the groom’s family to pay a sum of money they have spent to raise the girl. In some cases, the young men of legal marriage age who fail to provide the requested amount to the bride’s family, have to abandon the goal of marriage.

Polygamy: Under Afghanistan’s law, polygamy is acceptable on the basis of the following:

1. When a man is sure about the observance of justice among his wives.2. When a man has enough money to provide alimony, clothing, home care and treatment for his wives.3. When there is legal expediency, for example, the first wife is not able to have children or suffers from a severe illness.

Polygamy often leads to inequality among wives, because the power and importance of each woman varies according to her relationship with her husband. These women do not have any control over their lives, and they are vulnerable to being humiliated by their husbands and other women. Moreover, men practicing polygamy usually marry underage girls as their second or third wives. Violence is also commonplace in such families.

In addition to the harmful practices mentioned above, there are other abominable traditions in Afghanistan, such as the parents who give their children to pay their debts or a man who marries his brother’s widow.

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2.2. Enabling Factors:These abominable practices are harmful not only to women who are directly affected by them, but also to their families. Forced marriage takes away from the girl the opportunity to continue education and work because, as a result of such marriage, she often has to live in a home with an abusive environment. As a result, an uneducated married woman is dependent on her husband and is unable to educate her children properly. Obviously, this will have a negative impact on society and perpetuates impunity for women’s rights violations.

Traditions and social behaviors have an important role in social relations, especially in patriarchal societies where rule of law is weak. In the tribal culture of Afghanistan, it seems appealing to follow the traditions left over from the previous generations, because people think that this will preserve their culture and identity. But it is certain that the world is changing and some of these traditions are no longer applicable. In other words, maintaining traditions and customs is not a valid reason for violating the rights of women and girls, and causing such great harm.

A lack of literacy and education is another factor that makes girls and women vulnerable to rights abuse. Many girls do not enjoy access to education

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because of security, financial, and cultural reasons. Illiteracy makes women more vulnerable because uneducated girls cannot stand up against family decisions that harm them. The majority of women affected by harmful marriage-related practices are poorly educated or illiterate.

2.3. Islamic FrameworkThey are clothing for you and you are clothing for them. (Albaqara [2:187]).Proponents of harmful marriage-related traditions may argue that these customs are based on Islamic teachings. This claim is unfounded. According to Holy Qur’an, women were humiliated before Islam, and the practice of abducting and stealing women at that time was abundant. Prophet Muhammad (pbuh) tried to change this culture.

Meanwhile, the Holy Quran emphasizes the equality of the marriage parties: “And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.” Al room [21]

Under Islamic law, forced marriages are prohibited. The consent of the parties to marriage is a fundamental pillar of Islamic marriage. If both sides of the marriage do not agree, such marriages can be canceled. The following hadiths indicate the importance of women’s consent to marriage:

Al-Hasan narrates that: “I allowed my sister to marry a man. She was divorced by her husband who left her till she had fulfilled her term of ‘Iddat (i.e. the period which should elapse before she can Remarry) and then he wanted to remarry her but Maqal refused, so this Verse was revealed: “Do not prevent them from marrying their (former) husbands.” (2.232)

Khansa bint Khidam Al – Ansariya says that her father married her to his nephew and she didn’t like that marriage. So she went to Allah’s Apostle and he declared that marriage invalid. (Volume 7, Book 62, Number 69)

In early Islam, no examples of baad have been recorded, because in Islam, retaliation (Qesas) is used as a punishment for the murderer, rather than “baad” culture.

A baad ban in Islam is based on the following: Human beings, whether women or men, cannot be treated as merchandise or property; therefore, the use of women to resolve conflicts is contrary to the dignity of Islam. Women’s consent is obligatory in marriage. A woman who is [given as

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baad] and used to end a conflict against her will is not naturally happy with that kind of marriage. The forcible possession of a woman is illegal. During the Pre-Islamic era women were used like property and merchandise. Islam dismantled this tradition with the condition of satisfaction and mahr (a mandatory payment, in the form of money or possessions, paid by the groom to the bride at the time of marriage, that legally becomes her property.[1] While the mahr is often money, it can also be anything agreed upon by the bride).

Like baad, the practical of badal (“exchange or swap”) is also contrary to the principle of consent and the principle of the mahr. Minor marriage and the exchange of women without consent and mahr is prohibited. Abdullah Ibn Umar, one of the companions of the Prophet, has narrated that the Prophet prohibited child marriage. Girl exchanges are not allowed without a mahr.

2.4. The Afghan Legislation FrameworkA grave shortcoming of Afghan law currently is that it lacks provisions for punishments for those who are responsible for forced marriages. The civil law is the most important document on marriage in Afghanistan. This law includes articles that are consistent with the Constitution of Afghanistan and Islamic teachings. But the Civil Code also, unfortunately, contains articles

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that support discrimination against women, such as polygamy, divorce, unequal child custody rights between fathers and mothers in the event of a divorce, and so on. It is hoped that in time, these shortcomings of the law will be addressed, as part of Afghanistan’s ongoing legal reform efforts.

3. Violence Against WomenThe culture of impunity for those who commit sexual violence has always existed in the country. This issue is always viewed as a private matter for families. Even in some cases, government agencies have refused to interfere in these matters.

The following table shows the cycle of violence against women:

Period Type of violence

Prenatal Suppression and humiliation of woman during pregnancy; abortion if the embryo is identified as female

Infancy Killing baby girls (infanticide); physical and psychological abuse of girls; unequal access to food, nutrition and healthcare for girls versus boy children

Young girl Early marriage, physical and psychological abuse, sexual abuse, incest, giving daughters to pay a debt, baad, violence against schoolgirls

Adolescent/Adult Stalking, murder by a stalker, threats and intimidation, incest, adultery, sexual abuse at work, rape, sexual harassment, trafficking, violence by spouse, marital rape (rape by husband), misuse of mahr, being killed by husband, psychological abuse, mistreatment of women with disabilities, forced pregnancy, forced marriages of divorced women, honour crimes, threats and violence against women in the community, forcing rape victims to marry their rapists, mistreatment from husband’s family members.

Elderly Sexual abuse, widows forced suicide, killing women for economic motives.

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Women are subject to physical, sexual, and verbal abuse by parents, husbands and relatives of their husbands. When women strive to participate in social life, they often become more vulnerable to violence, depending on their family environment and the security context where they live. The harmful marriage-related practices described in the sections above are also a type of violence against women.

Obviously, violence committed by families has negative consequences for all, including those who commit violence. A woman whose arm is broken or who suffers a head injury from blunt force trauma may die, and as a result, the family will be deprived of her support, because there is no longer anyone to take care of children or do housework. Physical violence is usually accompanied by verbal violence which can cause depression and even self-immolation and suicide among family members.

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Abuse of the mother negatively affects children. It is very likely that the sons will follow their fathers’ behavior as a model, and girls will accept violence as do their mothers, and as a result, the cycle of violence will never stop. The children who turn to drugs because of the domestic violence that they witness at home are not a few. Children who suffer from domestic violence are unlikely to become good people and productive citizens for the advancement of Afghan society.

3.1. Islamic FrameworkThe Holy Qur’an has forbidden abusive behavior and has urged Muslims to refrain from such acts: “do not transgress. Indeed. Allah does not like transgressors.” [(Al Baqara [190]. Prophet Mohammad said: “Those who offend people in this world will be punished on the Day of Judgment.”

In the Sermon of Hojatol Wedah, the Prophet said: “Your blood, property and honor must be respected by each other and avoid any acts that violate these rights.”

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The Holy Quran also says: “The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong and establish prayer and give zakah and obey Allah and His Messenger. Those - Allah will have mercy upon them. Indeed, Allah is Exalted in Might and Wise.” (Al Toba [71].

3.2. Afghanistan Legal FrameworkThe main legal document on violence against women is the Elimination of Violence Against Women (EVAW) Act. This law was approved by the President in 1381 (2009) and enforced by the judiciary and law enforcement authorities in cases of family violence.

4. The Right to EducationAfghanistan has one of the lowest rates of literacy in the world. It is even lower among women compared to men. The rate of illiteracy among Afghan women aged 15+ is especially high. As the age of girls goes up, the number of girls who go to school, compared to boys decreases. Usually girls leave school from the 7th grade and are likely to marry after that.

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Research shows that educated girls are likely to have better health and can take better care of themselves and their children. Studies have also shown that infant mortality drops by 5 to 10 percent for every extra year that girls stay in schools. If girls in Afghanistan learn one more year, the death toll for children will drop significantly. Meanwhile, secondary education teaches women more involvement in social affairs and reduces their vulnerability to violence and that of their families. In general, education makes women more aware and gives them a greater sense of control over their own life.

4.1. Enabling Factors:Women’s lack of access to education is another consequence of gender double standards. If a family can send only one of its children to school, it will certainly be the son of the family. But if a family has to take out one of their children from school due to economic problems, that person will too often be the daughter of the family. The following factors influence the adoption of such a decision:

Security Concerns: Due to insecurity families often decide not to send their daughters to school. Studies have shown that schools that are located in villages where people support it are less likely to face these challenges.

Lack of Educational Infrastructure: The lack of girls’ schools, lack of water and sanitation in schools, insufficient female teachers, lack of access to transportation facilities, and the distance between homes and schools are serious factors preventing girls from accessing and continuing education.

Acceptance of Women’s Low Standing in Society: In general, there is a belief that men have a greater need for education than women, as women are expected to stay at home and take care of family, which does not require education. As a result, the double standard applies both in formal and vocational training.

Child Marriage: Girls who are married at a young age are more likely to be illiterate all of their lives. If they have not gone to school before getting married, their husband’s family is unlikely to send them to school. In most cases, early marriage resulting in early motherhood prevents girls from further education, if they were even enrolled in school before marriage. Early marriage and illiteracy of mothers also has a negative bearing on the education of their children. Research from Afghanistan has shown that the children of uneducated mothers are less likely to be educated.

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Poverty: Extreme poverty and economic challenges have caused families not to allow their daughters to go to school. Families facing poverty cannot or do not want to spend precious resources on their girls’ education. As mentioned earlier, some families believe that girls are temporary members of the family and they will leave the house eventually, so there is no need to invest in them. Girls are prevented from going to school in order to use their labour to work at home or on the farm.

4.2. Islamic FrameworkIslam emphasizes education. The first verse of the Holy Qur’an, which was sent to the Prophet by Allah was “Iqr’a – read!”. In Islam, every Muslim, woman or man, has a duty to learn. The Prophet says that every man and woman is obligated to get an education.

The Islamic law in all aspects of life, including education, belongs to men and women, both. In Islam the knowledge is described as a light and illiteracy as a darkness.

And among people and moving creatures and grazing livestock are various colors similarly. Only those fear Allah, from among His servants, who have knowledge. Indeed, Allah is Exalted in Might and Forgiving. (Surah Fatir [28]

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“Are those who know equal to those who do not know?” Only they will remember [who are] people of understanding. (Az zumar [9])

He gives wisdom to whom He wills, and whoever has been given wisdom has certainly been given much good. And none will remember except those of understanding. (Baqara [269]).

There are many examples of women scientists in Islamic history. Prophet Muhammad’s wife, Aisha, was a great scholar. She has narrated many Hadiths from the Prophet and informed Muslims about the prophet’s personal life. She has contributed greatly to maintaining the resources of Islamic science.

Finally, Islam requires all its followers to seek knowledge, regardless of their gender, because it is knowledge that will lead them to paradise.

4.3. Afghanistan’s Legal Framework

Article 43 of the Afghan Constitution states that “education is the right

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of all citizens of Afghanistan,” and Article 17 of this law states that “the government shall take the necessary measures to promote education at all levels, the development of religious education, the regulation and improvement of the situation of mosques, and religious schools and centers”. Article 44 states that “the government is required to design and implement effective programs to balance and develop education for women”.

The Afghan Law of Education came into force in 2008 on the basis of the constitutional provisions on education. The law calls for equal education for girls and boys, and requires education to at least grade 9.

*NOTE: The translations of Quran’s verses are copied from Quran.com

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