1. A women named( S), daughter of
Abdulkarim, living in
CA District 4 of Kabul City married
Mohammd Askar. After living with one another, her husband
disappeared. Three months after the disappearance of his husband,
she gave birth to a child that died 24 hours after birth. She lived
without her husband and without alimony for 22 years. Around two
years ago, he married another man. Then the first husband showed up
and claimed that all his property had been looted and his child had
been murdered. Prosecution Office of District Two of Kabul City has
judged in favour of the husband. And, the woman filed a complaint
with the Legal Department of the Ministry of Women's Affairs.
Writing a letter to the Prosecution Office of District Two of Kabul
City, the 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 refer it to the family court. But, no action
was taken about the case.
2. A man called Nurgol, brother of Sharifa,
daughter of Khan Amir, living in Maidan Province, filed a complaint
with the Ministry of Women's Affairs. 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,
Sharif’a uncle decided that Sharifa should marry his son. In the
letter no 177, dated 1383/6/9 to Wardak provincial government, the
Legal Department asked for handling the case according to the
effective laws of the country and the Islamic injunctions. But, no
measures were taken in this regard.
3. 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. Her
husband died after a while. The family of his ex-husband forced him
to unwillingly marry his husband’s brother who had not come of age
yet. Dissatisfied with the marriage, she brought her complaint to
the Legal Department and asked for help. The Legal Department of the
Ministry of Women's Affairs, considering the marriage illegal, has
referred the case to Logar provincial government. But unfortunately,
no measures have been taken in this regard.
4. According to the reports reaching the
Legal Department from the capital and provinces, the masses of the
society think women are properties of the husband. It is the husband
who decides about the life and death of this wife. This dominant
thought has prevented the women from going to the authorities though
they are always victims of violence. If some women go to the
government authorities in exceptional cases, they are ignored by
those authorities. Instead of observing the relevant laws, they
exert systematic oppression, called “social violence”, on the women
according to the indecent traditions. The following case can be
given as an example:
5. In a complaint filed with the Ministry
of Women's Affairs, 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 the letter no. 171, dated 1383/5/1, the Legal
Department of the Ministry of Women's Affairs asked the Kabul’s
Prosecution Office for a legal handling of the
case.
6. It should be mentioned that a woman is
not only victim of her husband’s violence, but are oppressed by
those of the same blood line, that is her brother. She is deprived
of her financial rights God has ordained for women. The following
case can be given as an example:
7. Filing a complaint with the Legal
Department of the Ministry of Women's Affairs, three women named
Shayma, Shah Gol and Bibi Ayesha, daughters of 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 of
the Ministry of Women's Affairs. In the letter no. 281, dated
1383/6/25, to the riyasat-e mahkameye jaydadha, the Legal Department
referred the case to them. The results are not yet
known.
8. Not only such violence exists inside the
country, but some others fall victim to it among the refugees
outside the country. The hosting countries consider the cases
according to their own effective laws and do not pay attention to
family violence among the refugees. Our political representatives
and consulates are also inactive in this regard. Because of that,
the victims of violence, sending letters or e-mails to the Ministry
of Women's Affairs, ask for our help. Sending an e-mail to the
Ministry of Women's Affairs, Fatema, a refugee in Iran who is
accused of murdering her husband, wrote: “I have a 15 year-old
daughter from my former wife. When my second husband wanted to raped
her, he was killed in a legitimate defence of my daughter”. Iranian
court has sentenced Fatema to death. Since no authority, including
the Afghan political representatives in Iran, offered help to her,
she contacted the Ministry through e-mail. When long imprisonments
and death sentences are involved, it is suggested that the Afghan
political representatives and consulates defend the rights of all
Afghan citizens outside the country and ensure the dispensation of
justice towards them.