Monthly Afghanistan News Roundup – August/September 2023 – cpi-geneva

Monthly Afghanistan News Roundup – August/September 2023

10 October 2023 afghanistan, Taliban

Ozair Khan

Within the framework of the Fiqhi Pathways project implemented jointly by CPI-Geneva and the Swiss FDFA’s Peace and Human Rights Division, engagement with Deobandi scholars of or close to Taliban and Pakistan is pursued to promote governance in line with IHL and Islamic jurisprudence through Fiqhi dialogue exchanges. This monthly newsletter aims to keep track of the discussions and debates among scholars on issues of governance policies of the Taliban, especially in the areas of education, social policies, and statecraft and governance institutions.

The Constitution

Taliban Justice Minister Mawlawi Abdul Hakeem Sharei declared that political parties under the Islamic Emirate were to be banned and that anyone participating in such groups would be jailed due to the alien nature of these parties to the Shariah (1). Zabiullah Mujahid, the Islamic Emirate’s leading spokesperson, explained that the Afghan people do not believe in the electoral process and that political groups are partly to blame for the dire fate of Afghanistan over the last decades.

In the Taliban’s mindset, political parties are unnecessary since those in authority should already consult the population about their needs, and that in reality, those groups’ leaders focus only on ego and personal gain.

Gulbudin Hekmatyar, the leader of the Islamic party Hizbe Islami, lamented the Islamic Emirate’s leadership’s decision and claimed that political parties are necessary for social cohesion and a good way for the population to express their views (2).

This new regulation of political activity is directly linked to the importance of having a constitution, which is the basic frame for organizing political life. Mawlawi Abdul Hakeem Sharei, the acting Justice Minister, explained that no Afghan constitution before truly respected the Quran and the Hadith and that the future Taliban constitution will remedy that (3). Also, Abdul Salam Zaef, one of the original Taliban and former ambassador to Pakistan, emphasized the need for a constitution (4).

The advent of the new Taliban constitution seems very near since the current government finally has a council of religious scholars in every province (5). These councils, comprised of scholars and tribal leaders, are supposed to be the intermediaries between the population’s grievances and the government. They also serve as advisory organs to state affairs. For example, Zabihullah Mujahid stated these councils would give their opinion on matters related to women (6).

Zabihullah Mujahid also alluded to the end of the constitution drafting process by mentioning that the official cabinet of the Islamic Emirate will only be announced after the approval of the Constitution. He stated that :

“Our law is still under work. The councils are still debating. All the governance departments will be revived if these issues are finalized” (7)

Tensions with the Pakistani neighbor

The tensions between Pakistan and Afghanistan are still high due to the Pakistani authorities accusing the Islamic Emirate of letting Tehrek e Taliban operate on Afghan soil, from which they then launched attacks on the Pakistani side. Sirajudin Haqqani, the Islamic Emirate’s Interior Minister, criticized Pakistan for being unable to handle its own affairs (8). To appease this situation, the Islamic Emirate’s central fatwa committee gave a widely relayed religious ruling, according to which any Jihad that does not receive the stamp of Amir al Muminin, Haibatullah Akhunzadah, is void. Several Pakistani politicians welcomed this development (9).

To ease some of the tensions between the two countries, Maulana Tayyeb Qureishi, chief khateeb in the Khyber Pakhtunkhwa province (KPK), went with a delegation of 8 scholars to speak with Afghan political personalities so that both sides could come to a better understanding (10). However, even after all these events, there was an armed confrontation between Afghan and Pakistani soldiers at the border between the two countries, which was closed for a few days, preventing trucks containing goods from continuing their route, which only exacerbated tensions (11). The situation between the two countries is so problematic that some analysts truly fear there could be a war between these two neighbors.

Another unfortunate cause of the hostilities between the two sides is the question of refugees. This issue has always been sensitive, but there have been reports of a mass crackdown on Afghan refugees in Pakistan over the last few weeks (12).

Education, Women and Girls

Interestingly, on Afghan National Day, female artists were allowed to exhibit their paintings in Kabul (13). It has also been observed recently that in Taliban consulates and embassies women are still visibly working as long as they wear an Abaya and have their own office space. This is in stark contrast to the new decree prohibiting women from visiting one of Kabul’s national parks.

From within the Taliban ranks, there has been a clear push to open girls’ educational facilities. Speaking at an event titled “Women’s Role” held by the Academy of Science of Afghanistan, the deputy Minister of Foreign Affairs, Sher Mohammad Abbas Stanikzai, remarked that the existence of the Constitution is vital for the country, declaring:

“Justice should be ensured. The government should reopen the doors of the schools for everyone. The government should have a constitution and run its affairs based on it. The people should give consultations to the government officials.”

He went on to refer to women and education, saying:

“Women should participate in various parts of the society based on Sharia. We want freedom for women based on Sharia, not Western culture. We should completely provide girls with rights for their education and work.” (14)

Despite his criticism of some of the Islamic Emirate’s policies, he made it clear that the Taliban accepts criticism but that it will never allow remarks that intend to damage the interim government (15). The question should be asked: where does one draw the line between valid and invalid comments?

Abdul Baqi Haqqani, head of the National Examination Authority, also criticized the lack of women’s access to education and work by stating:

“The problems should be solved. The government can be preserved through universities rather than through seminaries. The universities should become standard. The rights of women to education should be provided (…) Women can work in various aspects, and it is our failure if we cannot provide the grounds for it” (16)

Interestingly, as explained in the paper: “Civil War among the Taliban” (17), on this issue, the Taliban are trying to navigate between significant internal differences, which can be understood by the Taliban’s Minister of Foreign Affairs, Amir Khan Muttaqi, who mentioned:

“We don’t want western secular education of girls to bring in ikhtilaf (disagreement) between us.” (18)

Also, regarding the topic of women, in an interview, the Qatari Minister of Foreign Affairs stated that during his last visit, he had met Haibatullah Akhunzadah and had told him that a society can stay true to its Islamic nature while allowing women to work and study. However, he did not share Haibatullah Akhunzada’s answer (19).

It is also worth noting that there is an evident lack of teaching staff for both men and women in schools and universities since many teachers have left the country. To compensate for their absence, the Taliban now employ some religious scholars to teach in universities (20). This goes hand in hand with the Islamic Emirate’s objective of students in schools and universities having a better grasp of their religious heritage, which the current regime aims to achieve by opening more madrasas. Women who are prevented from studying usually have no choice but to enroll in these seminaries (21). However, one thing is clear: the Taliban have not forgotten the importance of secular Sciences. Adding to the fact that many within the movement are against the ban on female education, there have been several declarations on pushing worldly knowledge. For example, they hope to install scientific laboratories in every university in the next five years (22). Even in madrasas, the classes are divided between some secular subjects and religious topics, indicating a degree of openness to subjects like science or languages.

Strengthening of ties with the US

As a continuation of various meetings over the past few months, denoting a slow relationship building between the two parties, delegations from the US and the Taliban met again in Doha in September (23). They mainly discussed issues related to counter-narcotics and how to strengthen cooperation from both sides. This tendency of rapprochement with the Taliban regime is facilitated by statements of US officials such as Thomas West, the US State Department representative for Afghanistan, who admitted the Islamic Emirate’s effective work against armed groups. This statement is corroborated by US intelligence assessments, suggesting that it is “unlikely” al Qaeda will revive in Afghanistan and Pakistan and that counterterrorism operations by the Taliban in Afghanistan have degraded the Islamic State’s presence there (24).

References