Translation of full text:
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Decree of His Eminence the Commander of the
Faithful on Women's Rights
In
the name of God, the most gracious, the most merciful
Under the direction of the leadership of the
Islamic Emirate, all officials, distinguished scholars, and tribal leaders must
take serious steps regarding the necessity of observing the following rights
for women:
The consent of the adult woman is required in the
marriage (when the husband is competent, and there is no fear of corruption or
fitnah). No one has the right to compel a woman or force her to marry.
A woman is not property; she is a free and
authentic human being, and no one has the right to marry her in exchange for
resolving the conflict.
A woman whose husband has died is free to determine
her fate after the expiry of her waiting period (four months and ten days or
the delivery of a pregnancy), and neither the brother-in-law (the husband’s
brother) nor anyone else has the right to marry her against her will, provided
that competence is taken into account and that there is no sedition or
corruption.
Taking the dowry from the second husband is a legal
right for the woman.
A woman whose husband has died has a fixed right (Fard
& Ta`sib) to the inheritance of her husband, children, parents, and the
rest of her relatives, and no one can prevent her from taking her share in the
inheritance.
Whoever has more than one woman under him, he is
charged with justice between them and giving each of them their legal rights.
In order to implement the provisions stipulated in
the best way, the following government agencies must take the necessary
measures in their regard:
The Ministry of Hajj and Endowments is charged with
guiding scholars and preachers to educate people about women’s rights, not to
oppress them, and to give them their rights, in Friday sermons and through
awareness programs and preaching councils.
Assigning the Ministry of Culture and Information
to publish targeted awareness programs (through targhib & tarhib) about
women’s rights, through its various media (written and audio). In order for
scholars to be alert and public awareness and education about the legitimate
rights of women, it would be easier to deal with matters and prevent injustice.
The High Court of the Supreme Court is instructed
to direct all courts to register cases relating to women's rights, especially
bereaved women, in a fundamental manner, so that they do not despair from
obtaining their rights and repel injustice.
The governors of states and directorates shall
cooperate with the aforementioned ministries and courts in implementing all the
provisions of this decree.
Peace, mercy and blessings of God
The leadership position of the Islamic Emirate of
Afghanistan
28/4/1443 AH
12/8/1400 AH
3/12/2021 AD
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