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AFGHANISTAN - WOMAN KILLED FOR ESCAPING FORCED MARRIAGE - MULLAH CHARGED FOR ORDERING EXECUTION


Students demonstrating in Kabul in May over violence against women.

Students demonstrating in Kabul in May over violence against women.

By Shapur Saber and Farangis Najibullah

"It was the family's decision [to punish her] but now it is being blamed on a religious fatwa," Abdul-Qayum says. "Several religious figures pointed out that this case should be referred to the authorities. I also mentioned in my speech that a judge and government should make the decision. People carried out this [killing] nevertheless. They should answer for this."

As Badghis police continue to look for the two men who carried out the killing, Abdul-Qayum is appealing to a higher court. He says a ruling is expected in a few weeks.

Provincial Governor Ahmadullah Alizai stands by the original decision, describing the mullah's trial and conviction as a "remarkable act to show how we are committed to the elimination of violence against women."

Alizai has vowed to make sure everyone involved in this "extremely tragic case" is brought to justice.

'Just And Correct'

And others familiar with Afghan law say the mullah's sentence is on firm legal ground.

Nasrullah Stanikzai, a law professor at
Kabul University, says the Badghis court's decision was "just and correct."

"According to Islamic law as well as Afghan law, only the courts have the right to try a person," Stankizai notes. "No one else has such rights. When a court sentences someone to death, it has to go to two other higher courts and then has to be approved and signed by the president before the sentence is carried out. And then the sentence has to be carried out in a prison facility, and not by a judge, or a mullah, or some other religious figure."

Women's rights activists say violence against women is widespread in Badghis Province and elsewhere in Afghanistan. The majority of the cases, however, go unreported and perpetrators, unpunished.

In this case, the fate of Halima's boyfriend remains unknown. Some villagers say he managed to escape to a foreign country. Halima's parents were not available for comment and local authorities say all the families involved have been keeping a low profile since the tragic incident.