The China Mail - Eye-for-an-eye sharia justice returns to Afghan courts

USD -
AED 3.672504
AFN 65.503991
ALL 79.180391
AMD 364.204132
ANG 1.789783
AOA 917.000367
ARS 1499.052487
AUD 1.396258
AWG 1.80125
AZN 1.70397
BAM 1.673269
BBD 2.016426
BDT 122.342473
BGN 1.696366
BHD 0.377465
BIF 2979.42422
BMD 1
BND 1.270394
BOB 11.563503
BRL 5.139504
BSD 1.001155
BTN 95.810412
BWP 13.414895
BYN 2.994995
BYR 19600
BZD 2.013518
CAD 1.37725
CDF 2275.000362
CHF 0.801408
CLF 0.023248
CLP 924.387218
CNY 6.72125
CNH 6.721155
COP 3075.416007
CRC 455.575993
CUC 1
CUP 26.5
CVE 94.336313
CZK 20.648604
DJF 178.277794
DKK 6.40104
DOP 58.655944
DZD 132.82204
EGP 50.864525
ERN 15
ETB 161.91513
EUR 0.855604
FJD 2.191604
FKP 0.733046
GBP 0.733084
GEL 2.60504
GGP 0.733046
GHS 11.137443
GIP 0.733046
GMD 73.503851
GNF 8796.680498
GTQ 7.639988
GYD 209.453737
HKD 7.84135
HNL 26.847756
HRK 6.452604
HTG 130.97489
HUF 310.49504
IDR 17649.8
ILS 2.987204
IMP 0.733046
INR 95.700504
IQD 1311.545536
IRR 1374600.000352
ISK 121.250386
JEP 0.733046
JMD 158.891218
JOD 0.70904
JPY 158.97504
KES 129.6488
KGS 87.450384
KHR 4041.57933
KMF 422.00035
KPW 900.000294
KRW 1386.00035
KWD 0.30843
KYD 0.834324
KZT 460.94024
LAK 22551.225564
LBP 89657.013304
LKR 329.580357
LRD 181.708517
LSL 16.053899
LTL 2.95274
LVL 0.60489
LYD 6.362664
MAD 9.24661
MDL 17.234889
MGA 4281.131026
MKD 52.637208
MMK 2099.408357
MNT 3597.717458
MOP 8.084613
MRU 39.893913
MUR 46.603741
MVR 15.450378
MWK 1735.979809
MXN 16.917404
MYR 4.038504
MZN 63.880377
NAD 16.053899
NGN 1345.503725
NIO 36.839629
NOK 9.303975
NPR 153.29683
NZD 1.672241
OMR 0.384386
PAB 1.001155
PEN 3.356461
PGK 4.43684
PHP 61.665038
PKR 277.79544
PLN 3.69265
PYG 6030.71395
QAR 3.639475
RON 4.49875
RSD 100.406382
RUB 82.677332
RWF 1475.210677
SAR 3.761427
SBD 8.032258
SCR 13.734782
SDG 601.503676
SEK 9.462504
SGD 1.269504
SHP 0.740866
SLE 24.603667
SLL 20969.499227
SOS 572.186337
SRD 37.77037
STD 20697.981008
STN 20.960773
SVC 8.759892
SYP 13001.999906
SZL 16.043119
THB 33.045038
TJS 9.235659
TMT 3.5
TND 2.911836
TOP 2.40776
TRY 48.042504
TTD 6.790435
TWD 31.845038
TZS 2653.206143
UAH 44.735424
UGX 3724.173333
UYU 40.270351
UZS 11868.931001
VES 778.98225
VND 26125
VUV 118.516952
WST 2.715975
XAF 561.198614
XAG 0.014494
XAU 0.000217
XCD 2.70255
XCG 1.804338
XDR 0.707052
XOF 561.198614
XPF 102.031912
YER 237.075037
ZAR 16.01902
ZMK 9001.203584
ZMW 18.997305
ZWL 321.999592
  • CMSC

    -0.1780

    21.102

    -0.84%

  • RBGPF

    0.0000

    68.56

    0%

  • BCC

    0.7000

    82.47

    +0.85%

  • RELX

    0.5300

    35.91

    +1.48%

  • BCE

    -0.0700

    23.71

    -0.3%

  • AZN

    1.4900

    165.98

    +0.9%

  • RIO

    3.1300

    105.3

    +2.97%

  • CMSD

    -0.1400

    20.98

    -0.67%

  • NGG

    -0.8600

    79.76

    -1.08%

  • GSK

    0.4500

    52.41

    +0.86%

  • JRI

    -0.0300

    12.38

    -0.24%

  • VOD

    -0.0500

    15.96

    -0.31%

  • RYCEF

    -0.2500

    20.25

    -1.23%

  • BTI

    -0.4900

    56.21

    -0.87%

  • BP

    -0.3800

    44.76

    -0.85%

Eye-for-an-eye sharia justice returns to Afghan courts
Eye-for-an-eye sharia justice returns to Afghan courts / Photo: © AFP

Eye-for-an-eye sharia justice returns to Afghan courts

Kneeling in front of a turbanned judge in a tiny room at the Ghazni Court of Appeal in eastern Afghanistan, an old man sentenced to death for murder pleads for his life.

Text size:

The 75-year-old admits to having shot dead a relative -- out of revenge, he says, because of rumours he had sexual relations with his daughter-in-law.

Under eye-for-eye sharia punishments, officially ordered by the Taliban's supreme leader for the first time last month, he faces public execution -- with the sentence to be carried out by a relative of his victim.

"We have made peace between the families," the old man pleads.

"I have witnesses who can prove that we have agreed on compensation."

AFP had rare access to a court in Ghazni to see how sharia justice is being administered since the Taliban returned to power in August last year.

Hundreds of millions of dollars were spent building a new judicial system after the Taliban were overthrown in 2001 -- a combination of Islamic and secular law, with qualified prosecutors, defence lawyers and judges.

Many women were recruited into the system, overseeing cases involving hardcore Taliban militants as well as bringing more gender balance to family courts.

All that has been scrapped by the Taliban, with trials, sentences and punishments now overseen by all-male clerics.

Islamic law, or sharia, acts as a code of living for Muslims worldwide, offering guidance on issues such as modesty, finance and crime. However, interpretations vary according to local custom, culture and religious school of thought.

Taliban scholars in Afghanistan have employed one of the most extreme interpretations of the code, including capital and corporal punishments little used by most modern Muslim states.

The difference between the system of the former government and today "is as big as the earth and the sky", says Mohiuddin Umari, head of the Ghazni court, between sips of tea.

- 'God guides us' -

Officials in Ghazni have shunned the use of its formal Western-style courtroom, and proceedings instead take place in a small side room, with participants sitting on a carpeted floor.

The cramped room, heated by an old wood stove, has a bunk bed in a corner, on which religious books and a Kalashnikov rifle are placed.

The young judge, Mohammad Mobin, listens impassively before asking a few questions.

He then orders another hearing in a few days -- giving the old man time to gather witnesses who can testify that the families have agreed to what he says.

"If he proves his claim, then the judgement can be revised," Mobin says.

If not, "it is certain that the qisas (an eye-for-an-eye) enshrined in the sharia will apply".

Mobin, surrounded by thin, hand-written files held together by string, has been at the appeals court since the Taliban's return in August 2021.

He says around a dozen death sentences have been handed down in Ghazni province since then, but none has been carried out -- partly because of the appeals process.

"It is very difficult to make such a decision and we are very careful," the 34-year-old tells AFP.

"But if we have certain evidence, then God guides us and tells us not to have sympathy for these people."

If the old man's appeal fails, the case goes to the Supreme Court in Kabul, and finally to supreme leader Hibatullah Akhundzada, who validates all capital sentences.

That was the case earlier this month in the western city of Farah when the Taliban carried out their first public execution since returning to power -- an act widely condemned by rights groups and foreign governments and organisations.

- 'Showing transparency' -

Ghazni court head Umari insists the sharia system is much better than the one it replaced, even while conceding that officials need more experience.

Afghanistan was ranked 177th out of 180 of the most corrupt states in 2021 by the NGO Transparency International and its courts were notorious for graft, with cases held up for years.

"The Islamic Emirate is showing transparency," says Umari, using the Taliban's designation for Afghanistan.

Many Afghans say they prefer their chances in sharia courts with civil cases, arguing they are less prone to the corruption that bedevilled the system under the previous Western-backed government.

However, jurists argue that criminal cases are more prone to a miscarriage under the new system.

"Some cases, if decided quickly, are better," says a now-unemployed prosecutor, who asked not to be identified for fear of retribution.

"But in most cases, speed leads to hasty decisions."

Umari insists all verdicts are thoroughly reviewed, adding "if a judge has made a mistake we investigate".

But the old man in Ghazni who was sentenced to death says he had no lawyer, and his appeal lasted less than 15 minutes.

"The court should not have sentenced me to death," he says.

"I have been in prison for more than eight months. They (the family) have agreed to spare me," he adds, clasping a string of prayer beads in his handcuffed hands.

C.Fong--ThChM