A number of women whose divorce requests have been rejected by Taliban courts say that Taliban courts made decisions on their cases without listening to their problems and complaints. According to them, despite the fact that their husbands beat them and signs of violence remained on their bodies, Taliban courts, instead of supporting them, advised them to obey their husbands.
Meanwhile, Shaharzad Akbar, the former chairperson of the Afghanistan Independent Human Rights Commission, says that Taliban courts do not operate on the premise that their purpose is to support women and ensure their human and religious rights.
Shakila (pseudonym) says that she reached the Taliban court with great difficulty. She adds that she thought if she went to court, the judge would understand her situation, her husband would be punished for the violence he had committed against her, and she would be able to obtain a divorce. However, according to Shakila, although the judge saw the burn and beating marks on her body, he told her: “You must have done something that forced your husband to do this to you.”
Shakila says the Taliban judge told her: “Either you live with your husband, or you will spend two or three months in prison until you learn to appreciate your husband.” She adds: “When my divorce request was rejected, my husband’s beatings became worse. Every time he threatens me, saying that if I do not obey him, he will go and complain about me. The Taliban are on my side, and they will imprison you. I feel like I am not a human being; I am a tool that my husband uses to release his anger by beating me whenever he is angry. I would rather die than continue living like this.”
According to Shakila, her husband is addicted to drugs, and at first she did not know about his addiction. She says that after getting married, she realized that her husband used drugs, but she still continued their life together.
Shakila adds that after her husband became unemployed, he began selling household items one by one, and every time she objected, he beat her.
Shakila says: “I was pregnant twice, and because of the severe beatings, I miscarried my children. The last time, when he wanted my gold earrings, I refused to give them to him, and he beat me severely. He hit me with an electrical cable and burned my hands and feet with hot water. I still have burn marks on my hands and feet. He beats me with anything he can get his hands on; he hits me with wood and electrical wires. He punches and kicks me. I cannot endure this anymore. I do not know how long I can keep tolerating it.”
Palwasha (pseudonym), whose divorce request was also rejected by a Taliban court, says she has three children and that her husband leaves the house for days or weeks without telling her where he is going.
Palwasha says that she works herself and provides for her children’s expenses, but whenever her husband comes home, he argues and fights with her.
Palwasha says: “When I tell him that the children’s expenses and support are your responsibility, where do you go and why do you disappear for two or three weeks, he beats me again. He even slaps my children or hits them with whatever he has in his hand.”
She adds: “I was forced to go to court to find out about my rights, but they did not give me an opportunity to explain my problems. Instead, they advised me to obey my husband completely. My husband lied to the judge in court, saying that he travels to provide living expenses.”
According to Palwasha, the Taliban judge told her that she was required to obey her husband.
Palwasha says: “I told them, please let me speak and explain my problems. They told me: You are a woman and you are still talking? You are not allowed to say anything.”
She adds: “I have studied and I know what my rights are. Until now, I remained silent so that people would not talk behind my back, but I can no longer tolerate it. I do not know where to go, what to do, or whom to ask for help. Being alone is better than having a husband like this. How long should I endure humiliation and suffering?”
Meanwhile, Shaharzad Akbar, the former chairperson of the Afghanistan Independent Human Rights Commission, says that Taliban courts do not operate on the premise that their purpose is to support women and ensure their human and religious rights.
According to her, the Taliban’s main objective is largely to control society, protect men’s interests, and prevent women from disobeying their orders. She adds that, from their perspective, the Taliban consider some women’s behavior to be a cause of the destruction of the family foundation.
Akbar says: “The laws published by the Taliban, particularly the Principles on Separation of Spouses, have made the conditions for women to obtain divorce extremely difficult. Even women’s access to courts is difficult. If a woman wants to obtain a divorce and goes to court, she must go with a male guardian, she does not have access to a defense lawyer, and she must share her problems with a male judge.”
She adds: “The entire situation has been arranged in such a way that women are forcibly kept in oppressive and violent marriages. Unfortunately, until this perspective changes, the possibilities for women to use the Taliban’s legal system to protect their human and religious rights remain very limited.”
This comes as Heather Barr, the women’s rights associate director at Human Rights Watch, had expressed concern about the Taliban’s “Principles on Separation of Spouses.”
She wrote on her X account that under these principles, women cannot easily obtain the right to separate even in cases where their husbands have disappeared, abandoned their families, or subjected them to domestic violence.
The “Principles on Separation of Spouses” came into force after being approved by Taliban leader Hibatullah Akhundzada. Under these principles, in many cases, a woman’s right to separation is made dependent on the Taliban judge’s opinion, the husband’s consent, an admission, witnesses, or an oath.
