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3 Legal Lock J. 120 (2023-2024)
Exploring the Confluence of Islamic Principles and Legal Systems: An Insight into Sharia and Women in Afghanistan One Year after the Taliban Takeover

handle is hein.journals/lgllckjnl3 and id is 683 raw text is: 

LEGAL   LOCK JOURNAL


EXPLORING THE CONFLUENCE OF ISLAMIC PRINCIPLES AND LEGAL
SYSTEMS: AN INSIGHT INTO SHARIA AND WOMEN IN AFGHANISTAN
ONEYEAR AFTER THE TALIBAN TAKEOVER

                              R.R.Vivin1 & Dr. Prema E2





 ABSTRACT


 The  Taliban takeover of Afghanistan in August 2021 raised questions about the legal
 system and its treatment of women. The Taliban's interpretation of Islamic law is inspired
 by the deobandi  dhatu of Hanafi law, and the group's own  experience of living as a
 predominantly rural tribal Taliban claimed that the country was an Islamic emirate whose
 laws and governance should be sharia complies. According to the Taliban, knowledge of
 Hanafi jurisprudence is the foundation of the legal system, and the country currently lacks
 a clear and unified legal system, judicial system, or executive mechanism Taliban leaders
 essentially nationalize their policies do not fulfill through guidelines or recommendations
 believe that prevailing cultural norms . The  Taliban's religious orientation towards
 Afghanistan includes fleshing out the country's religious ideology, burning their basic
 religious certificates and steering Afghan nationalism towards religious nationalism Taliban
 policies have already begun  targeting women's employment,   education and freedom
 already limited. The Taliban's interpretation of Islamic law is based on their own
 understanding of local Islamic traditions, and the group is looking to establish an
 exclusively Muslim  Islamic system. Amidst  the Taliban's return to governance, their
 interpretation of Sharia law has significantly influenced legal structures and societal norms.
 This  study examines  the  complexities surrounding the  implementation  of Sharia,
 juxtaposing traditional Islamic principles with contemporary legal frameworks. It seeks to
 elucidate how the Taliban's interpretation of Sharia law intersects with Afghan women's
 rights, shaping their access to education, employment, and personal autonomy.  The
 research employs a multidimensional approach, encompassing legal analysis, sociocultural
 perspectives, and human rights frameworks. It delves into historical precedents, tracing the


 'The author is a student at VIT Chennai.
2The co author is an Associate Professor and Assistant Dean of VIT Chennai.


120


ISSN: 2583-0384


VOL.  3 ISSUE  5

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