Documented Cases of Violence Against Women
Below is a detailed documentation of selected Afghan women's experiences with violence as compiled by the Ministry of Women's Affairs (MOWA) and UNIFEM in 2005.
Rights to property and children
A women named (S), daughter of Abdul Karim, living in District 4 of Kabul City married Mohammad Askar. After living with one another, her husband disappeared. Three months after the disappearance of her husband, she gave birth to a child that died 24 hours after birth. She lived without her husband and without alimony for 22 years. In 2003, she married another man. Her first husband then reappeared and claimed that all his property had been looted and his child had been murdered.
The Prosecution Office of District 2 of Kabul City ruled in favour of the husband. The woman then filed a complaint with the Legal Department of the Ministry of Women's Affairs (MOWA). Writing a letter to the Prosecution Office, Legal Department has asked it to handle the case according to the injunctions of the holy religion of Islam and the effective laws of the country, and to refer it to the family court. Unfortunately, no action was taken about the case.
Marrying to solve family disputes
A man called Nurgol, brother of Sharifa, daughter of Khan Amir, living in Maidan Province, filed a complaint with MOWA. He wrote to the Ministry: As the consequence of a family dispute and clash between the two families of Sharifa and his [maternal] uncle, a son of Sharifa’s uncle was killed. So, to settle the dispute between the families, Sharifa's uncle decided that Sharifa should marry his son.
In Letter #177, dated 1383/6/9, the Legal Department asked the Wardak provincial government to handle the case according to the effective laws of the country and Islamic injunctions. No measures were taken in this regard.
Marrying the deceased's brother
A woman named Marzia, daughter of Shah Mohammad, living in District 7 of Kabul City, married Fayz Mohammad, son of Nur Mohammad, living in Qal’e Saber of Logar Province. Soon after, her husband died. The family of her ex-husband forced her to unwillingly marry her husband’s brother who had not yet come of age. Dissatisfied with the marriage, she brought her complaint to the Legal Department and asked for help.
The Legal Department, considering the marriage illegal, referred the case to the Logar provincial government. Yet no measures were taken in this regard.
No help from the authorities
According to reports reaching the Legal Department of MOWA from Kabul as well as the provinces, much of Afghan society believes women are the property of their husbands. It is the husband who makes decisions about the life and death of his wife. This dominant thought has prevented women from going to the authorities although they are often victims of violence. In exceptional cases, women who do go to the authorities are continually ignored. Instead of observing relevant laws, authorities continue to exert systematic oppression, or “social violence”. This is a result of negative societal traditions. The following case can be given as an example:
A woman named Ayesha...
In a complaint filed with MOWA, a woman named Ayesha, daughter of Faqir Ahmad, wrote:
My daughter, Nahid, has been stabbed to death by her husband, Taher, son of Sarwar. No serious legal measures have been taken though complaints have been filed with the relevant authorities.
In letter #171, dated 1383/5/1, the Legal Department asked the Kabul Prosecution Office for a legal handling of the case. No action was taken.
Violence from family members
A woman is often not only a victim of violence from her husband, but also may also suffer at the hands of other men in her or her husbands family, such as a brother or uncle. She is also deprived of the financial rights God has ordained for women. The following case is an example:
Three women...
Filing a complaint with the Legal Department, three women named Shayma, Shah Gol and Bibi Ayesha, daughters of the late Mohammad Na’im Khan, wrote:
Two houses, located in Char Qala-e Wazirabad, two shops, located in Kabul City, and five Jaribs of farming land, located in Qale Musa of District 10 of Kabul City have been bequeathed on us. We face beating and insults and we are threatened when we ask for our rights. We were treated unfairly when we went to the relevant authorities. They paid no heed.
So, to restore their legitimate rights, they sought the help of the Legal Department. In Letter #281, dated 1383/6/25, the Legal Department referred the case to the Riyasat-e Mahkameye Jaydadha. The results are not yet known.
Violence among refugees
Not only does such violence exist inside the country, but others fall victim to it among refugees outside the country. Hosting countries consider the cases according to their own effective laws and often do not pay attention to family violence among the refugees. Afghanistsan's political representatives and consulates are also inactive in this regard. Because of this, victims of violence, send letters or e-mails to MOWA, asking for help.
Fatema, a refugee in Iran...
Sending an e-mail to MOWA, Fatema, a refugee in Iran who is accused of murdering her husband, wrote:
I have a 15 year-old daughter from my former husband. When my second husband wanted to raped her, he was killed in the legitimate defence of my daughter.
The Iranian court has sentenced Fatema to death. Since no authority, including the Afghan political representatives in Iran, offered help to her, she contacted MOWA.
When long imprisonments and death sentences are involved, it is suggested that Afghan political representatives and consulates defend the rights of all Afghan citizens outside the country and ensure the dispensation of justice to them.
UNIFEM