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Jamiat-e Islami Afghanistan Says Taliban Courts` Penal Code Seeks to Institutionalize Discrimination and Distort Islamic Jurisprudence and Sharia
Jamiat‑e Islami Afghanistan, responding to the approval of the Taliban`s "Penal Code of Taliban Courts," says the document "demonstrates the Taliban`s intensified and deliberate effort to institutionalize systematic discrimination and authoritarianism in Afghanistan." According to AnsarPress, the party said in a statement released on Saturday , (24 JAN) that the code "is, in essence, a charter for expanding discrimination and oppression against the people of Afghanistan." The statement adds: "Under this code, rulers are not held accountable for their actions, and the justice system is structured according to social, political, economic status and class hierarchy, while only ordinary citizens are deemed subject to punishment."
Jamiat-e Islami Afghanistan further said that, as in the past, the Taliban have linked their new code to religion and Islamic Sharia in an attempt to justify it in the name of faith; however, Islamic Sharia-"which places strong emphasis on justice, human dignity, and the equality of believers in accountability for their actions before the courts-explicitly rejects such an approach." The party described the Taliban courts` penal code as "a blatant deviation" and an attempt to "distort Sharia and Islamic jurisprudence by the Taliban," and called on religious scholars to "clearly articulate the position of Sharia and Islamic jurisprudence to the public and Muslims against this deviant document, in order to prevent further damage to the religion and culture of the devout people of Afghanistan." According to the statement, "what is being implemented today in Afghanistan under the illegitimate and usurping rule of the Taliban is not Islamic law, but rather authoritarianism cloaked in religion and an aberrant, selective, and domineering exploitation of faith-an approach that contradicts Sharia and jurisprudence and violates the fundamental principles of the Islamic legal system." The human rights organization Rawadari recently reported that Hibatullah Akhundzada, the Taliban leader, has signed the group`s "Penal Code of Courts" and that the code has been sent to Taliban courts for implementation. Rawadari said that the code labels followers of Islamic schools of thought other than Hanafi as "innovators," legitimizes social stratification and slavery, and restricts the definition of violence against women and children solely to severe physical violence, while failing to prohibit psychological and sexual violence. The organization also reported that the code designates opponents of the Taliban as "rebels" and authorizes their killing. According to Rawadari, the code fails to observe the basic principles of a fair trial and increases the risk of arbitrary repression, detention, and torture.
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