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Symbolic And Nominal Islam: Reinstating Public Stoning for Adultery
Afghanistan Considers Reinstating Public Stoning for Adultery - WSJ.com
KABUL—The Afghan government said Monday it was considering a draft proposal that would impose public stoning to death as a punishment for adultery, raising concerns about backsliding on human rights that could imperil foreign aid to the country.
The proposed measure, first disclosed by advocacy group Human Rights Watch, would restore the Taliban-era punishment for men and women who have extramarital affairs. According to a version of the draft viewed by The Wall Street Journal, another harsh punishment—public lashing—would be meted out to single men and women who have sex outside marriage.
Abdul Raouf Brahawee, director of legislation at the Afghan Ministry of Justice, confirmed that the measure was being considered by a working group that is revamping the country's penal code. He defended stoning for adulterers as consistent with Islamic law.
"The Islamic Sharia instructs us to do so," Mr. Brahawee said. "There is a verse in the Quran about it."
Mr. Brahawee added that the proposed change to the penal code hasn't yet been finalized. "The draft is not finalized yet, and we are not satisfied with it," he said.
The restoration of public stoning would hearken back to the brutal days of the Taliban regime. During their rule, the Taliban imposed a harsh version of Islamic justice, including public executions for murder, adultery and other crimes.
"Stoning is of such symbolic significance in Afghanistan," said Heather Barr, senior researcher at Human Rights Watch. "It's almost a trademark for the Taliban regime."
Ms. Barr said the proposal is "part of a broader pattern of setbacks for women and rollbacks of women's rights," including a recent push to lawmakers to dilute a law on violence against women.
Massouda Jalal, a women's rights activist who previously headed the country's Ministry of Women's Affairs, said such a proposal would be in violation of the Afghan constitution, which contains guarantees for human rights.
Women often bear the brunt of traditional justice in Afghanistan. Last year, a woman accused of adultery in Parwan province, north of the capital, was publicly shot to death. Human rights advocates also say women are often jailed for "moral crimes," such as fleeing forced marriages or domestic abuse.
"This move by the government is meant to weaken Afghan women, and it opens the way for extremist groups and opportunists to try to put Afghan women in a corner," Ms. Jalal said.
The Afghan presidential palace couldn't be immediately reached for comment. The U.S. Embassy in Kabul declined to comment immediately because officials were studying details of the draft proposal.
Enactment and enforcement of such a law would potentially imperil international aid to the country, which depends on foreign donors to pay for its army and police. As a condition for receiving continued foreign aid, the Afghan government pledged at an international conference last year to meet commitments on human rights.
A senior Western official said any move to reinstate stonings would be "very unwise" for the Afghan government.
"We need to find out exactly what the facts are," the official said, saying that the language in the proposal was still being studied. "If they are proven right, I think there will be a strong reaction from the international community. It's a symbol that we are going back to the Taliban times."
Write to Nathan Hodge at nathan.hodge@wsj.com
KABUL—The Afghan government said Monday it was considering a draft proposal that would impose public stoning to death as a punishment for adultery, raising concerns about backsliding on human rights that could imperil foreign aid to the country.
The proposed measure, first disclosed by advocacy group Human Rights Watch, would restore the Taliban-era punishment for men and women who have extramarital affairs. According to a version of the draft viewed by The Wall Street Journal, another harsh punishment—public lashing—would be meted out to single men and women who have sex outside marriage.
Abdul Raouf Brahawee, director of legislation at the Afghan Ministry of Justice, confirmed that the measure was being considered by a working group that is revamping the country's penal code. He defended stoning for adulterers as consistent with Islamic law.
"The Islamic Sharia instructs us to do so," Mr. Brahawee said. "There is a verse in the Quran about it."
Mr. Brahawee added that the proposed change to the penal code hasn't yet been finalized. "The draft is not finalized yet, and we are not satisfied with it," he said.
The restoration of public stoning would hearken back to the brutal days of the Taliban regime. During their rule, the Taliban imposed a harsh version of Islamic justice, including public executions for murder, adultery and other crimes.
"Stoning is of such symbolic significance in Afghanistan," said Heather Barr, senior researcher at Human Rights Watch. "It's almost a trademark for the Taliban regime."
Ms. Barr said the proposal is "part of a broader pattern of setbacks for women and rollbacks of women's rights," including a recent push to lawmakers to dilute a law on violence against women.
Massouda Jalal, a women's rights activist who previously headed the country's Ministry of Women's Affairs, said such a proposal would be in violation of the Afghan constitution, which contains guarantees for human rights.
Women often bear the brunt of traditional justice in Afghanistan. Last year, a woman accused of adultery in Parwan province, north of the capital, was publicly shot to death. Human rights advocates also say women are often jailed for "moral crimes," such as fleeing forced marriages or domestic abuse.
"This move by the government is meant to weaken Afghan women, and it opens the way for extremist groups and opportunists to try to put Afghan women in a corner," Ms. Jalal said.
The Afghan presidential palace couldn't be immediately reached for comment. The U.S. Embassy in Kabul declined to comment immediately because officials were studying details of the draft proposal.
Enactment and enforcement of such a law would potentially imperil international aid to the country, which depends on foreign donors to pay for its army and police. As a condition for receiving continued foreign aid, the Afghan government pledged at an international conference last year to meet commitments on human rights.
A senior Western official said any move to reinstate stonings would be "very unwise" for the Afghan government.
"We need to find out exactly what the facts are," the official said, saying that the language in the proposal was still being studied. "If they are proven right, I think there will be a strong reaction from the international community. It's a symbol that we are going back to the Taliban times."
Write to Nathan Hodge at nathan.hodge@wsj.com
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