Since
2009 the bill on Curbing Violence against Women, which was passed by a
presidential decree, has been implemented by the Afghan government's legal and
judicial entities. On 18/05/2013 the bill was brought before the Afghan
Parliament (Wolesi Jirga), but a number of the MPs opposed the bill, arguing
that many clauses of the bill are against Islam, and thus they could not reach
to any conclusion. Therefore, the bill is now presented to the Women and Human
Rights Commission of Parliament.
For
a long time, the issue of violence against women has been raised by the liberal
social groups, women rights organizations of Western countries, the UN and some
naïve women activists. It is being propagated strongly by some of the liberal
media channels in Afghanistan that paved the way for tens of women to stage a
protest in front of the Parliament. Their demand is that the bill should be
accepted as it is without changing any of its clauses.
The
Muslim and Mujahid people of Afghanistan should realize:
Islam
has not been taken as the primary source while drafting this law, that's why
even the first article of the bill shows that this is copied from Afghanistan's
constitution which is derived from the west and not from the Islamic Shari’ah.
Beside the 3rd Article, Sub-Article 3 of the same bill states that, if not done
by force adultery and homosexuality are not considered as crimes. Besides, in
the punishment section of the bill, there is no mention of Islamic punishments,
for example capital punishment for adultery is not there at all. Similarly,
establishing Khana-i-Amn (House of Peace), 18 years of age for marriage,
condition of permission of the first wife for the second marriage and removing
parents' permission for marriage are those clear aspects that contradict
Islamic Shari’ah. All these human made laws intend to degrade women and make
them a mere product for commercial purposes.
Since
2001, after the brutal US invasion of Afghanistan, the western crusaders have
been trying through their agent rulers to replace all the Islamic laws. For
this to happen, one of their fundamental steps was to establish the Loya Jirga
and then make the so-called representatives of the people of Afghanistan to
legitimize their malicious acts and Afghan Constitution. After that they
managed to establish another bogus institution called parliament, so that to
legalize the laws based on majority.
However,
laws that are made and accepted by the majority of the Loya Jirga and
parliament or even made through referendum, would be considered Haram
(forbidden), because the process of making law and the sources of jurisdiction
was not Allah (swt) and his Shari’ah, rather the views of the representatives.
In other words, it means that even if they implement a certain Islamic Hukm
just after it passed its democratic process, it is still Haram, because nobody
can put Allah's (swt) Hukm to a voting process.
It
is therefore not allowed for the Muslim Ummah to make laws other than the laws
based on the Shari’ah rules, which are Quran, Sunnah, Ijma (consensus) of the
Sahaba and Qiyas (analogy), not majority etc. However, for those things which
are not clearly mentioned in the Islamic sources the Mujtahideen would do their
Ijtihad. The Islamic ruler (Khaleefah) then, based on the strength of the
evidence adopts one of the Ijtihad that protects the Aqeedah and unity of the
Ummah.
Hence,
we call upon all Muslims in Afghanistan to follow the footsteps of the students
and teachers of Kabul University, and record their protests in every corner of
the country, so to stop this man-made legislation and replace it with Islamic
Shari’ah by re-establishing the Khilafah state.
"We have sent down the Book to you making all things clear and as
guidance and mercy and good news for the Muslims."
(An-Nahl: 89)
Or,
See this
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