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 Writers of Shia personal status law in
Afghanistan appreciate your sympathy and efforts for human and women's right and wish your success to serve the humanity.
In the name of Almighty Allah, the compassionate the merciful
و انزلنا معهم الکتاب والمیزان لیقوم الناس بالقسط
Respected
Members of European Parliament, lawyers and wise Europeans!
Writers of Shia personal status law in
Afghanistan appreciate your sympathy and efforts for human and women's right and wish your success to serve the humanity.
The system of human right, children and women's rights protection in Islam is a bit different from your law system. Islamic laws on right are taken from divine book (Quran) and prophets and can't be abrogated. People of
Afghanistan never allow any organization to change these laws.
Afghanistan has this right to put condition for its affiliation with international conventions and agreements. The third article of our constitution does not allow the enforcement of un-Islamic laws in the country, thus the rules and laws on ban of discrimination against women and international conventions on children's right and other obligatory conventions that are apposite to Islamic laws, are not to be implemented in
Afghanistan.
Shiia personal status law considers the equality of right between man and woman, but resemblance and similarity of rights doesn't ensure equality and it some times leads to cruelty and injustice and jeopardize the justice regarding the rights of man and woman. It is said in third article of the constitution of
Afghanistan that men and women have equal rights and responsibilities. Man and woman are equal against law not as you have presumed that they have equal and similar rights.
If some parts in Shiite personal status law are contrary to European laws, it does not mean that it is against men or women; or the writers of this law are ignorant. This law has been enacted precisely on basis of nature and creation realities. Islam considers all aspects in making laws such as gender in making law for man and woman. It is not just to make similar and equal laws for man and woman since both genders can't bear similar responsibilities especially when she is pregnant.
In accordance to Islamic law, married couple has to act upon the conditions of marriage law if they don't appose the provisions at the time of marriage contract. They are compelled to abide by conditions that are stipulated in the marriage contract. If the woman can't go out of home without her husband's permission, it is just to save the right of husband and not to shrug off the responsibilities.
According to Shiia personal status law, men have to provide all expenditure such as house, food, clothe, medicine, apparatus of house, jewels, cosmetic and
for their wives and in this case, women need not go out and work. Meanwhile the women are allowed to go out of home without permission of their husbands in the following cases:
1- for routine
2- exit by implicit permission
3- exit for some thing necessary
4- exit for legal works
5- exit for legitimate works
6- exit for which she stipulated during marriage contract
With this explanation and exceptions, exit of women with permission of their husbands does not create any limitation for them. Few limitations are parts of the responsibilities of women that on which both have agreed.
Islamic law doesn't allow the couple to have sex out their marriage, doing so with others, is illegitimate and perpetrators should be punished. Therefore couple has to fulfill sexual needs of each other, if they are not legally excused. This is not marital rape. Sexual relationship is not limited in
Europe and sexual need is not given much importance. Do you think, if a woman without having any legitimate problem makes sexual relationship with her husband, it violates her right? Is it marital rape?
This law doesn't stop women from getting education and it is not apposing legitimate freedom and improvement of women. This law considers the coercive marriage illegal and bans it. It authorizes the girls to appose the idea if her parents of they decide against her will and something which is not expedient for her. The Shiia personal status law doesn't assign women to serve their husband as servant rather it considers economical value for services of women at home. According to this law woman have share in properties of house. In this law (Mahr) has been designated for them (money or something valuable paid by husband to his wife at the time marriage)
You are not more sympathetic to Afghan people than Afghan legislators, nor than Afghan parents for their son and daughters. You are not in a position to understand their interests better than Afghan themselves. All Afghan nations denounce the terror and aggression against women, against human right activists. We consider these acts un-islamic and ask the concerned authorities to provide the opportunity for every one to express his/her speeches right or wrong.
Long time commitment of international community for reconstruction and development of
Afghanistan doesn't contradict religion and culture of this country. But you don't have the right to impose your culture and values in the pretext of cooperation with
Afghanistan. Your presence in
Afghanistan and helping this country is in your interest, you came here when you didn't have security in your countries. You have come here to ensure the international peace and security and save your interests. You can't claim to have come for helping Afghan nation. We will not be with you unless you respect our belief and culture, and not interfere in our affairs. You should not dictate our president what to do and who to excuse. Your pressure on government to free some defaulters from prisons violates the sanctity and validity of laws and judicial system, while these kinds of interferences are banned by the United Nation charter. You can't support a small gathering and oppose a bigger congregation of the people of
Afghanistan and accuse them of violation.
At the bottom lines, some clauses of UN charter are mentioned for your attention:
Article 2 clause 1: United Nation organization is established on basis of equal sovereignty of all members.
Clause 4: all members should avoid using force and threat in their relation with each other and against territorial integrity, independent of other countries.
Clause 7: no article of the UN charter allows this organization to interfere the interior affairs of the countries
Thus, your frank and illegitimate interference in our interior affairs especially in legislative matters, erases the validity of Afghan Constitution and cause the collapse of current government and as a result the militant opposition will be strengthened.
Views: 360
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islamic world 
