Since the Taliban seized control of Afghanistan, numerous reports from international organizations and media have revealed widespread human rights violations, particularly targeting women. One of the most alarming issues is the exclusion of women from the Taliban’s judicial proceedings. Verdicts are issued without their presence, and women are systematically removed from judicial processes. Many reports indicate that the Taliban’s courts entirely exclude women, disregarding their rights and requiring their presence only when accompanied by a male guardian (mahram). This exclusion poses a grave threat to gender equality and human rights in Afghanistan.
Former judges and prosecutors from the previous government affirm that women lack access to justice under the Taliban’s judiciary. They argue that these courts offer no real justice, as women’s personal status issues are either ignored or decided upon in their absence. Legal experts emphasize that issuing a verdict or judging an individual without their presence fundamentally violates fair trial principles.
After the Taliban’s takeover, women were completely removed from the country’s judicial and legal institutions. No women currently participate in these institutions, and decisions against women accused by the Taliban are made without their involvement. This situation raises serious concerns about women’s access to justice under Taliban rule.
Legal experts argue that excluding women from judicial processes constitutes a severe violation of human rights and gender equality. They stress that one of the core principles of a fair trial is the accused’s access to legal representation, freedom of speech, and the ability to defend themselves. Yet, under the Taliban’s judicial system, women are systematically deprived of these rights.
Former judge Ms. Taraki, whose full identity remains undisclosed for security reasons, states that women have no access to fair trials under Taliban rule. She highlights that while everyone has the right to defend themselves, the Taliban regard this right for Afghan women as “shameful,” stripping them of their fundamental citizenship rights.
Ms. Taraki adds that no judge or prosecutor should issue a verdict in the absence of the accused. She explains that the Taliban’s absentee rulings for women result in severe consequences, including suicide and psychological trauma. When individuals remain unaware of the charges or rulings against them, they naturally face significant mental health challenges.
Ms. Taraki further stresses that there is no justice for women under Taliban rule, as they are denied all their rights. According to her, legal representation in Taliban courts is deemed unacceptable. Many defense attorneys face insults and humiliation from Taliban judges for defending women, as these judges place no value on defense lawyers, despite the fundamental right to legal counsel.
The Taliban courts’ absentee rulings directly affect women’s lives. Women’s attendance in court is conditioned on the presence of a male guardian, yet many lack such guardians. Additionally, rulings on family matters, marriage, divorce, and inheritance are heavily influenced by the Taliban judges’ “misogynistic” views.
Former prosecutor Zarlasht Mayar told Hasht-e Subh Daily that since the Taliban’s takeover, women no longer have access to courts or justice. She explained that women could approach courts freely to resolve personal status issues under the previous government. Now, these processes have been halted, depriving women of justice and preventing them from pursuing their cases.
Ms. Mayar stated that the Taliban justify their rulings based on their interpretation of Sharia law. Women attending these courts must be accompanied by male guardians, and those without guardians are barred from court access and have their cases ignored. This policy severely impacts women who lack male guardians or whose guardians are their adversaries, making it impossible for them to seek legal recourse.
She also noted that women are excluded not only from personal status cases but also from fair trials in criminal and other legal matters. According to her, the Taliban actively undermine women’s rights, leaving them unable to defend themselves under this regime. All rulings are made in women’s absence, denying them any semblance of justice.
Women seeking divorce in Taliban courts have reportedly faced harassment from judges. A reliable source confirmed that Taliban judges have requested phone numbers from women appearing in court, later sending them messages with sexual or marital proposals.
One source recounted an incident where a woman seeking a divorce in a northeastern province was approached by two Taliban judges who requested her phone number. After she complied, both judges sent her separate messages at night, proposing marriage and promising to grant her divorce if she agreed.
In another recent case, the Taliban prison chief in Nangarhar forcibly married a female prisoner. On November 18, sources told Hasht-e Subh Daily that the Taliban had arrested a young woman who fled with a man from Pakistan. The official released the man but forcibly married the woman—an act consistent with previous reports of similar behavior among Taliban officials.
The exclusion of women from judicial processes and their inability to access fair and independent courts have had severe consequences for women in Afghanistan. This Taliban policy prevents women from resolving legal disputes. Issues like divorce and child custody are often decided without fair consideration, typically to the detriment of women.
Previously, the Taliban Supreme Leader issued an order that put thousands of divorced women at risk of imprisonment and violent retribution. Reports indicate that divorced women who remarry often hide their status to avoid accusations of “adultery” and threats from former husbands.
These concerns are compounded by the Taliban’s enforcement of their “Law for the Propagation of Virtue and Prevention of Vice,” which deems women’s voices and appearances as “awrah” (private and must be hidden). This law further restricts women’s participation in public life and effectively erases them from society.
You can read the Persian version of this daily report here:
عدالت طالبانی؛ فیصلههای محاکم این گروه در غیاب زنان صورت میگیرد | روزنامه ۸صبح
