Sharia Law Court Cases in Afghanistan

[Gladiator]

So far the penalties imposed by the Taliban have been without court decisions or rulings. Will there be published rulings on specific cases?


"Political scientists have posited that the public will do “almost anything” and support “almost anyone” to establish security and reduce uncertainty.11 Given this concept, Afghanistan’s long-term stability will be impacted by the government’s ability (or inability) to provide security and certainty through rule of law. This includes dynamics that are more closely tied to the local populace, and are often overshadowed by the predominant narrative of the Taliban versus the Afghan government. For instance, the UN High Commissioner for Refugees has stated that land-related disputes are among the most serious issues threatening the stability of Afghanistan.12 As counterinsurgency theorists have argued, insurgencies are “20 percent military action and 80 percent political,” and successful insurgencies will challenge the state by usurping the rule of law to mobilize and control the local population.13

The Taliban’s provision of law capitalizes on the shortfalls of the Afghan government’s justice sector, which according to U.S. Department of Defense reporting continues to show slow progress in becoming transparent, consistent, reliable, and fair.14 There have been increases in the number of Afghan government judges being appointed and districts holding trials; however, the formal judicial system in Afghanistan has demonstrated little progress in becoming self-sustaining and little will in combating fraudulent activity. According to a February 2013 report from Afghanistan’s Tolo TV, more than 50% of the populace in Afghanistan has used Taliban court systems rather than those provided by the Afghan government due to corruption.15"

The Significance of Taliban Shari`a Courts in Afghanistan – Combating Terrorism Center at West Point

With the drawdown of foreign troops and the post-International Security Assistance Force (ISAF) period quickly approaching in Afghanistan, attention has focused on the outlook for continued armed conflict between the government of Afghanistan and the Taliban. While insurgents will undoubtedly...

www.ctc.usma.edu

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[Gladiator]

Apparently, no Taliban judges have been sworn in, so no Sharia Court cases have been heard or decided.

"The Islamic Republic of Afghanistan suffered from a lack of judicial independence in politically important cases as both Afghan presidents and their close allies nurtured a self-serving constitutional theory that the president as the head of state has oversight power over all three branches of the state, including the judiciary, and holds any residual powers not explicitly allocated under the constitution.

The Taliban, in the past, also did not adopt institutional measures to protect the judges from political influence. Following an understanding of the role of the judge in classical Fiqh, which treats it as an extension of political rule, and a judge as the agent of the ruler, the Taliban generally did not consider the need to protect the institution of the judiciary and the individual judges from the ruling power."

The Taliban, the Afghan state and the rule of law

Afghans will not embrace Taliban governance unless it is centred on the rule of law.

www.aljazeera.com

"Meanwhile, Shabnam Dawran, a news anchor with state channel RTA Pushto, released a video on Thursday saying she was told to go home when she tried to go to work.

On the same day, the Taliban cracked down on protesters wanting to display the Afghan flag.

A day later, a UN threat assessment report said the Taliban was going house-to-house searching for opponents and their families, raising fears of revenge.

The Taliban says it has banned members from entering private homes and denied the claims but said it is investigating cases of criminality by individuals."

Explainer: The Taliban and Islamic law in Afghanistan

Taliban says women will have their rights ‘within Islamic law’, but what it means remains vague.

www.aljazeera.com

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[Gladiator]

"His majesty Ahmad Shah Durani strictly adhere by the principles of administration of justice to people, protecting public rights, religious, faith and national laws.

Both in capital and provinces Sharia courts and judiciary existed and the spiritual stratum was respectable and all judicial apparatus and mosques were at their hand.

The chief justice of that time was Mullah Mohammad Khan uloom for the purpose of guiding judges compiled a book under the title of Ahmad Shahi verdict by Umdai al Umara Abdullah Khan Deewan Begi Wakil ul Dawla and Mullah Faizullah Khan."




There are other countries that have intended to follow Sharia Law, but have differring structures of judiciary, laws and cases.



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[Gladiator]

"Afghanistan’s 250 women judges fear for their lives, with men they once jailed now freed by the victorious Taliban to hunt them down.

While some women judges were able to flee in recent weeks, most were left behind and are still trying to get out, said judges and activists working around the clock to help them escape."

Hunted by the men they jailed, Afghanistan’s women judges seek escape

While some women judges were able to flee in recent weeks, most were left behind and are still trying to get out, said judges and activists working around the clock to help them escape.

indianexpress.com

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[OrphanSlug]

What does everyone want the US do to about this now?

 

[Gladiator]

What does everyone want the US do to about this now?

The US, other concerned entities, and individuals can offer assistance to the Taliban in developing a system of Religious principles, civil laws and judicial practices, to have the structure of a reliable government.

Countries with Moslem populations could probably provide experienced suggestions. There are many options and traditions available to the Taliban to design a Judicial system,


"The Egyptian state has followed a policy of exceptionalism in dealing with women’s judgeship. In 2003, female lawyer Tahani al-Gebali was appointed to the Supreme Constitutional Court by decree from then-president Hosni Mubarak, becoming the first female judge in modern Egyptian history. In 2007, another presidential decree was issued by Mubarak to appoint – on an exceptional basis – 30 female administrative prosecutors and state lawyers as judges in the ordinary judiciary (civil, economic, criminal and family courts). This was followed by a similar presidential decree in 2008, which appointed another 12 women to the ordinary courts by the same method."

Egypt will finally appoint women judges. But is the move really progress?

If the plans go ahead in the expected form, they will anger both women’s rights activists and female law school graduates

www.opendemocracy.net

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[stevecanuck]

Countries with Moslem populations could probably provide experienced suggestions. There are many options and traditions available to the Taliban to design a Judicial system,

Fellow Sunnis of Saudi Arabia and Pakistan could easily provide all the help they need.

 

[ClaraD]

The US, other concerned entities, and individuals can offer assistance to the Taliban in developing a system of Religious principles, civil laws and judicial practices, to have the structure of a reliable government.

Countries with Moslem populations could probably provide experienced suggestions. There are many options and traditions available to the Taliban to design a Judicial system,


"The Egyptian state has followed a policy of exceptionalism in dealing with women’s judgeship. In 2003, female lawyer Tahani al-Gebali was appointed to the Supreme Constitutional Court by decree from then-president Hosni Mubarak, becoming the first female judge in modern Egyptian history. In 2007, another presidential decree was issued by Mubarak to appoint – on an exceptional basis – 30 female administrative prosecutors and state lawyers as judges in the ordinary judiciary (civil, economic, criminal and family courts). This was followed by a similar presidential decree in 2008, which appointed another 12 women to the ordinary courts by the same method."

Egypt will finally appoint women judges. But is the move really progress?

If the plans go ahead in the expected form, they will anger both women’s rights activists and female law school graduates

www.opendemocracy.net

//

why should we assist the Taliban?

 

[Gladiator]

why should we assist the Taliban?

What do you see as the future conflicts for the West with Afghanistan?

The Taliban have not indicated that they will continue a war with the West.

The Taliban, and their terrorist friends, specialize in terrorist attacks. The West finds even small terrorist attacks very distasteful.

I suggest that providing meaningful assistance to the Taliban, in Afghanistan, might persuade the Taliban to minimize terrorist attacks on the West.

Perhaps the Taliban will continue to forment or otherwise allow terrorist attacks on the West, and it may be smart to set up assistance so that the assistance can be interrupted or discontinued if the Terrorist attacks become too flagrant.

Is there any way that the West can be more understanding of the manner in which some Muslim tribes or clans engage in violent dispute resolution processes?

13 service members at Kabul airport, and 4 diplomats at Benghazi, in the overall picture of international relations of today, does not come close to deaths by drugs and transportation. Biden had decided to put 6000 soldiers at risk to evacuate Kabul. Maybe 6 to 10 Thousand soldiers is what is needed for Over-the-Horizon capabilities.

Helping the Taliban may help Afghanistanis stay in Afghanistan. Mike Pompeo, Trump's secy of State, covered up, and ignored the problem of resettling our friends from Afghanistan.

I propose a goal of a judicial system that works to find solutions to disputes that are often being settled with violence. There are a number of violent conflicts in the world today, that lack a judicial system geared to effectively resolve disputes that arise, or to prevent the disputes from arising.

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[ClaraD]

What do you see as the future conflicts for the West with Afghanistan?

The Taliban have not indicated that they will continue a war with the West.

The Taliban, and their terrorist friends, specialize in terrorist attacks. The West finds even small terrorist attacks very distasteful.

I suggest that providing meaningful assistance to the Taliban, in Afghanistan, might persuade the Taliban to minimize terrorist attacks on the West.

Perhaps the Taliban will continue to forment or otherwise allow terrorist attacks on the West, and it may be smart to set up assistance so that the assistance can be interrupted or discontinued if the Terrorist attacks become too flagrant.

Is there any way that the West can be more understanding of the manner in which some Muslim tribes or clans engage in violent dispute resolution processes?

13 service members at Kabul airport, and 4 diplomats at Benghazi, in the overall picture of international relations of today, does not come close to deaths by drugs and transportation. Biden had decided to put 6000 soldiers at risk to evacuate Kabul. Maybe 6 to 10 Thousand soldiers is what is needed for Over-the-Horizon capabilities.

Helping the Taliban may help Afghanistanis stay in Afghanistan. Mike Pompeo, Trump's secy of State, covered up, and ignored the problem of resettling our friends from Afghanistan.

I propose a goal of a judicial system that works to find solutions to disputes that are often being settled with violence. There are a number of violent conflicts in the world today, that lack a judicial system geared to effectively resolve disputes that arise, or to prevent the disputes from arising.

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we don't give assistance, until they provide sufficient proof they have changed their stripes.

 

[Gladiator]

we don't give assistance, until they provide sufficient proof they have changed their stripes.

What stripes has the Taliban changed? What additional stripes would you like them to change, before the first Dollar is given or promised. What proof would you like to see?

The Taliban honored the agreement not to target US forces, until after the US requested extension, past March 2021.




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[Gladiator]

Evaluation of Afghanistan Courts in 2015


"The Afghan constitution provides for an independent judiciary, led by a nine-member Supreme Court. As the highest body in the judiciary, the Supreme Court appoints judges at the provincial and district level. Supreme Court members are appointed by the president, subject to confirmation by the lower house of the National Assembly. Three judges serve for 10-year terms, three are appointed for 7 years, and three serve 4-year terms. Two of those whose seats had expired were confirmed by the Wolesi Jirga on December 25, 2013, but Chief Justice Abdul Salaam Azimi (whose term expired in August 2010) and three other associates justices with expired terms continue to serve as "acting justices." In 2012, the Supreme Court swore in 181 judges, many of whom were women, leaving only 38 out of Afghanistan's 400-plus districts lacking an assigned judge.

International donors have helping the formal Afghan judicial system expand its capacity and competence, particularly in urban areas. U.S. funding supports training and mentoring for Afghan justice officials, direct assistance to the Afghan government to expand efforts on judicial security, legal aid and public defense, gender justice and awareness, and expansion of justice in the provinces. USAID's "Rule of Law Stabilization Program" has trained over 700 Afghan judges and expanded the Afghan Supreme Court's training for new judges. Since July 2010, the U.S. embassy has had a senior official heading a Rule of Law Directorate. Separate NATO efforts to support rule of law in Afghanistan ceased operations in 2013.

There is broad agreement among outside observers that the Afghan judicial system remains weak and its independence is questionable. Judges and prosecutors are frequent targets of assassination, particular in insecure areas of Afghanistan. And justice is often subjective, with powerful factions and wealthy individuals often able to obtain the release from jail or non-prosecution of their members and supporters. The Afghan government has completed few of the benchmarks for judicial reform agreed at several major conferences including the July 20, 2010, Kabul conference and the July 2012 conference in Japan that resulted in a "Tokyo Mutual Accountability Framework." On matters involving interpreting the constitution, the Supreme Court has sparred with a rival institution, a constitutionally mandated "Independent Commission for the Supervision of the Implementation of the Constitution (ICSIC)." The ICSIC consists of seven commissioners appointed by the president, subject to confirmation by the lower house of the National Assembly. Some of the progress and continued difficulties are discussed below:"

Afghanistan: Politics, Elections, and Government Performance

The capacity, transparency, legitimacy, and cohesiveness of Afghan governance are crucial to Afghan stability as nearly all...

www.everycrsreport.com

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[Gladiator]

The Taliban apparently have a court system in some areas of Afghanistan already under their control.


"When the Taliban came to power in the 1990s, they became well-known for brutal sharia courts. After emerging as an insurgency in 2001, justice provision soon became an essential part of the Taliban’s strategy. Seizing on widespread dissatisfaction with the lack of access to justice in Afghanistan, Taliban courts quickly settled disputes that state and customary mechanisms could not. Justice provision also enabled the Taliban to infiltrate new areas, soften the ground for future operations and enforce a strict set of rules on the civilian population.

The Taliban have gradually uprooted and replaced customary and state systems of conflict resolution and justice with their own courts in the areas they influence and control. Taliban justice is the only justice system millions of Afghans are now able to access. "

https://odi.org/en/publications/rebel-rule-of-law-taliban-courts-in-the-west-and-north-west-of-afghanistan/

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[RetiredUSN]

Why have courts when the Taliban can shoot you through the head for the cost of a single bullet.

 

[Gladiator]

Sharia courts have been giving rulings in cases in which the parties submit to their jurisdiction.

Sharia sentnce to lose hand and foot in young man's role for stealing 3 motorcycles..

"The victim in Herat, 15-year-old Afghan Ghulam Farooq, was captured by Taliban members after he and three of his friends were allegedly involved in a motorcycle theft in Obe district. Farooq, however, insists he was innocent and wrongfully faced the group's cruel sentence for a crime he never committed.

"My friends suggested stopping people on motorcycles and stealing from them, but I tried to stop them. They did not listen to me," Farooq told DW from a hospital bed.

"My friends stopped three people who were traveling on motorcycles, tied their hands and eyes and took the bikes with them," he added, claiming he did not accompany his friends during the theft.

Farooq said that he untied the victims and offered help. But the men instead turned to the Taliban for help, something an increasing number of people do in rural areas of Afghanistan where the government does not have a strong presence and cannot ensure the rule of law."

A disturbing trend in Afghanistan – DW – 03/15/2017

A Taliban "court" recently ordered a young man accused of theft to have his hand and foot chopped off. The victim spoke with DW about his ordeal as an increasing number of Afghans turn to the Islamist group for justice.

www.dw.com

Who pays for the hospital bill?


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[Gladiator]

"Nabila, is one of 250 female judges ordered not to return to work by a regime that doesn't condone women in senior positions. CNN is only using Nabila's first name for her own protection.
Nabila said she feared reprisals, not only from fundamentalists, but also the men she once jailed. When they came to power, the Taliban opened the gates of prisons, releasing thousands of convicted criminals.


"Now we do not feel safe; the same criminals are going after my own life, the lives of my family," Nabila said. "God forbid if they seek revenge."
After the Taliban takeover in mid-August, a few dozen women judges fled Afghanistan, and those left behind are now in hiding, according to Judge Vanessa Ruiz from the US-based International Association of Women Judges (IAWJ)."

Afghanistan's women judges are in hiding, fearing reprisal attacks from men they jailed | CNN

Women judges trapped in Afghanistan fear reprisals, not only from fundamentalists, but also the men they once jailed. Organizations are racing to find a safe passage out for the women -- but they say they need more help from the US and other Western nations.

www.cnn.com

Some women judges, who sent Taliban members to jail, are receiving death threats.



At least some women judges have been told by the Taliban not to report for work.






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[stevecanuck]

Sharia sentence to lose hand and foot in young man's role for stealing 3 motorcycles..

The qur'an has that covered. Verse 5:33 says, "The only reward of those who make war upon Allah and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land.

But, what is corruption? It's any damned thing the Taliban says it is. Thievery would certainly count.

 

[stevecanuck]

What do you see as the future conflicts for the West with Afghanistan?

The Taliban have not indicated that they will continue a war with the West.

The Taliban, and their terrorist friends, specialize in terrorist attacks. The West finds even small terrorist attacks very distasteful.

I suggest that providing meaningful assistance to the Taliban, in Afghanistan, might persuade the Taliban to minimize terrorist attacks on the West.

When the Mafia leaves you alone in exchange for money, it's called the Protection Racket.

Perhaps the Taliban will continue to forment or otherwise allow terrorist attacks on the West, and it may be smart to set up assistance so that the assistance can be interrupted or discontinued if the Terrorist attacks become too flagrant.

Is there any way that the West can be more understanding of the manner in which some Muslim tribes or clans engage in violent dispute resolution processes?

13 service members at Kabul airport, and 4 diplomats at Benghazi, in the overall picture of international relations of today, does not come close to deaths by drugs and transportation. Biden had decided to put 6000 soldiers at risk to evacuate Kabul. Maybe 6 to 10 Thousand soldiers is what is needed for Over-the-Horizon capabilities.

Helping the Taliban may help Afghanistanis stay in Afghanistan. Mike Pompeo, Trump's secy of State, covered up, and ignored the problem of resettling our friends from Afghanistan.

I propose a goal of a judicial system that works to find solutions to disputes that are often being settled with violence. There are a number of violent conflicts in the world today, that lack a judicial system geared to effectively resolve disputes that arise, or to prevent the disputes from arising.

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Every "dispute" that involves Islamic insurgency is about domination. The only solution they are interested in is surrender (which is what Islam means in English). The Islamization of the world is the goal, and will be for the foreseeable future.

 

[Gladiator]

Flogging Sentence:


"It only took 80 seconds for two men to rain down 40 lashes on the woman huddled on her knees as a large crowd looked on. The video of the brutal sentence carried out on an Afghan woman was filmed near Herat and posted on Facebook on April 13. It is a painful reminder of the continued operation of Taliban “courts”, even though they have been banned. For our Observer, it also symbolises the failure of the Afghan government."



"According to our Observers, this young woman was accused of “immoral relations” because she spoke on the phone with a young man. The man was also arrested and is being held in a Taliban prison.

The Taliban court meets three times a week in the district of Obe, on Wednesdays, Thursdays and Fridays. They deal with complaints filed by locals. Our Observers say that this system exists nearly everywhere in Afghanistan. Sometimes videos of the punishments inflicted by these courts emerge on social media or local media outlets."

Taliban tribunal gives woman 40 lashes for talking to a man on the phone

It only took 80 seconds for two men to rain down 40 lashes on the woman huddled on her knees as a large crowd looked on. The video of the brutal sentence carried out on an Afghan woman was filmed near…

observers.france24.com

Search Taliban Flogging

taliban flogging - Google Search

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