In a move to ratify law for the products of a war torn nation and a deeply conservative society, the Afghan parliament, a pack of religious fanatics, drafted very hastily a law entitled “Shi’ite Personal Status Law”. To the surprise of everyone the hand picked western minded President Karzai hastily signed it turning it into an accepted law. The ministry of justice has however declined to publish it in the national gazette soon and has proposed further amendments. Over all, it has been a ratification of a law that legalizes extremism in all its forms and manifestations.

The law which is totally based on a narrow minded interpretation of Shiite jurisprudence, that comes down to the Shiite from at least 1300 years ago, has in fact, laid the foundation for the radicalization of Shiite minority in Afghanistan. The unpublished law has already gained popularity in a negative way since it is believed to have certain clauses directly or indirectly negating principal values of democracy. Critics also believe the law legalizes marital rape and not very surprisingly a few moderate parliamentarians have also spoken out harshly against the drafted document calling it a ‘hasty’ decision and a more hastier signing ceremony for it because of upcoming Presidential elections in which Karzai would wish to take the Shiites on his ship.

The law has come under critical scrutiny both within and outside Afghanistan. UN, US, EU and others have unanimously rejected the law calling it dangerous and a step towards the division of Afghan society. President Obama called it “Abhorrent”. The United States, Canada, Britain and the United Nations have spoken out against the law. NATO Secretary-General Jaap de Hoop Scheffer said on Friday it might also make it harder for member states to boost troops battling Taliban insurgents.

However, the supporters of this law insist that it is a documental defense of minority rights and traditions that had been debated for the last two years before both the chambers of bicameral Afghan parliament (Wolasi Jirga and Misharano Jirga) ratified and was signed by the President later. Karzai was harshly criticized by his western backers for hastily signing the law. In response, after finishing his tour of The Hague Karzai promised to see into the law if there were any problematic clauses that needed amendments. Further, he had directed the ministry of law to look into it. Meanwhile, Karzai said on Saturday such criticisms were based on a wrong translation or misinterpretation of the law, and a copy he had seen did not reflect the criticisms and concerns of Afghanistan’s Western backers.

The position is quite clear; a minority in Afghanistan is on the driving seat and wishes to draft its own laws. It is feared that such acts would create a parallel system of justice in a country that can’t implement a singly facet of the law. Afghans would now be judged on what their jurisprudence say; a jurisprudence that has been now shaped by a pack of fundamentalists sitting in the parliament. In such a scenario women will be the first victims since according to a clause of the law, “Women have to satisfy their husbands in bed and before a sexual intercourse should wear make up if demanded by their husband”. Further, “Women should avoid going out all alone except for receiving medical treatments”. Men are their gods, without their permission women will not be allowed to go out. The law further clarifies that women don’t have to work as long as their husbands are alive. In a way, the law also provides a bit of protection for the woman that if the man doesn’t satisfy her in bed and if she is not well fed, well clothed she can appeal for divorce. Here’s the point where two extremes meet.

This law is no different from the laws of the old Jirga systems where women had no voice to be heard. For a male dominant conservative society, it might fit but due to recent years of migrations a great proportion of Afghans are now well aware that they are no more living in isolation. They are part of the global village in which they have to strive. For surviving in such a competitive environment, they will have to work hard and that their female fellows will have to assist them. They can no longer keep them under curtain or behind veils and isolated from the rest of the world. The proportion of Afghan women exceeds that of Afghan men in population. They are hard-working either. They can be the backbone of working Afghan population if given a chance. Although US and NATO brought a bit of hope in Afghan women that their rights may be protected by the new government but they got their hopes broken once the parliament came into being where fanatics have the majority. They have on their feather the removal of woman parliamentarian Malalay Joya who would criticize them in their faces.

In such a moment of time in Afghan history, there was no need for ratifying such a law that can be the pioneer of drawing a sharp line between the two Muslim sects. Because the current Afghan law is not based on the Sunni Jurisprudence, it is the civil law that runs the country in whatsoever form. Drafting laws on the basis of sects is a dangerous thing and will lead to communal and sectarian violence. The case of Pakistan and Saudi Arabia are in everyone’s minds. Afghanistan needs a law that binds all Afghans irrespective of their cultural, lingual, religious, and regional affiliations. Afghans need unity and purpose. They need to build their country by leaps and bounds. They need to revive the happy days of Afghanistan. By further isolating a group of Afghans under the name of a particular sect doesn’t appeal to the wise and the sincere thinkers of afghan society. Let it be abolished. Afghans are fed up of such laws and issues that kick them out of their country. Afghan had 30 years of devastating war in such names. Now is the time to sit together and look into what went wrong that divided us so sharply. Now is not the time to draft such laws that further secludes us. Why are such guys allowed to reach parliament or decision making platforms who are filled with hatred and who would never try to understand each other. Like always the poor and oppressed Afghan nation may pray once again that May Almighty guide these so called leaders to the right path. May they be given wisdom to rethink their decision. May they be enlightened with the true vision of a unifying religion.