In a move, the afghan Parliament, which is no less than a gathering of Clergies of different sects of Islam, drafted Shiite Muslim Personal Law with the exception of a few clauses that were ambiguous or complicated.

In a deeply religious society as that of Afghanistan, where hardliners have always played the lead role, drafting of such a law is deemed as a very big achievement for the minority Twelver Shiite Community also called “Jaffari” after the great Grandson of Prophet Muhammad, Imam Jaffar as-Sadiq, who was one of the foremost intellectuals and jurisprudents of his time. Till the drafting of this legal document, Afghan Twelver Shiites had no voice on their cases judgments and they would prefer local (private) clergies for the settling of their disputes as per their sect’s jurisprudence that was made for them at least 1400 years ago.

Shiite members of Parliament hail the move as a big achievement in the history of Afghanistan. For them, it’s only now that they have full freedom after having lived as subordinates in this land for over 1400 years. The drafting of such a law was thus unanimously welcomed by the Shiite Religious as well as Seculars who thought it as a sign of restoration of dignity and recognition of their presence in Afghanistan. Shiites make up at least 30% of the Population in Afghanistan. A prominent member of the Parliament and a Shiite scholar, Aalimi Blakhi, from the northern city of Mazar-e-Sharif, termed it as a very positive move saying, “It’s very important because earlier the disputes which were settled traditionally in mosques and religious schools would go undocumented, now all afghan courts have a legal obligation to settle issues related to Shiites who prefer Shiite Jurisprudence.

The newly drafted law constitutes 249 clauses and was drafted with unanimously. While drafting the law, one major problem was “Seigha” Temporary marriages, more common in Shiite Iran, which was agreed not to be handled now. In addition, certain other such issues were still identified that needed clear verdicts as to whether they should be part of the new law. On the other hand, some parliamentarians strongly believe that such moves will not solve the problems of Shiites in the country and this is against the prevailing laws of the country. One such parliamentarian is Dr. Kabir Ranjbar, a prominent lawyer and officer in the Communist era hailing from Kandahar, said, “It’s ridiculous that in 21st century you seclude a particular people of our country from the rest on the basis of religion and make laws for them”. According to Dr. Ranjbar, for personal laws, a secular orientated law needs to be drafted and not one based solely on religion. He further argued that all citizens should follow the same law and that all the people living in Afghanistan are not followers of Islam.

Another parliamentarian from the western city of Herat doesn’t agree with Ranjbar and says that it has been drafted in line with the constitution of Islamic Republic of Afghanistan where “Fiqh Jaffari” Jaffari Jurisprudence has been recognized in its totality.

The law has been approved by the lower house “Wolasi Jirga” and is now to be presented for approval in the upper house of the bicameral afghan legislative body “Misharano Jirga” and ultimately forwarded to the President for signing it into a law.

The drafting of such controversial document has aroused questions in the minds of both lawyers and the layman as to whether the Sunnis of Afghanistan should also draft its law. Should lawyers be re-educated on the Jaffari Jurisprudence? Should judges be the clergies who don’t have that education in other affairs? Will Afghanistan need to establish new Sharia Courts? Will the public go with the already secular oriented law or the religious one? What law or jurisprudence will be the decisive one in settling issues of mixed sects? Who will decide modification in those laws? What would smaller minorities like the Shia Imami Ismailis follow? What would be the implications in the overall judicial outlook of the country? Will it be even acceptable to the new generation? Will a Sunni President sign a shia (holy) jurisprudence law? What will be the view of later generations? What effect will it leave on the minds of those who are secularists?

A lot of questions; but no immediate answers to anyone of them. Afghanistan and afghans need a law that is equally applicable to all citizens not one that secludes a deeply interwoven community. In major parts of the country, Shiites and Sunnis have family relations and are neighbors. How would this law be interpreted in effect? Who will implement it, a Sunni police officer would rush into the house of a Shiite? Will that be acceptable? In 21st century we need laws based on ground realities and lets hope our leaders sitting in the parliament know our cries and stop such kind of discrimination in the nation’s holy room i.e., parliament.