Taliban and Shariah Law
#GS-02 International Relations
- The word Taliban means “students” in the Pashto language which is the language of ethnic Pashtuns.
- The organisation was founded in September 1994, by Mullah Mohammad Omar and 50 students in his hometown of Kandahar.
- It fought against the Afghan mujahideen (Islamist rebel groups) led coalition government and took power in Afghanistan in September 1996.
- This led to the creation of Islamic Emirate of Afghanistan (1996–2001).
- Taliban’s refusal to hand over Osama bin Laden and its continued support for Al Qaeda resulted in an invasion of Afghanistan by NATO forces led by the US.
- This resulted in the collapse of the regime in 2001.
- However, this collapse was short lived as the organisation soon made a comeback, and by July 2016, 20% of Afghanistan came to be under Taliban control.
- On 15 August 2021, Afghanistan’s capital city of Kabul was captured by the Taliban ending the Islamic Republic of Afghanistan and reinstatement of the Islamic Emirate of Afghanistan.
- Shariah meaning “the way,” is the moral and legal framework of Islam and is based on the Quran, stories of the Prophet Muhammad’s life, and the rulings of religious scholars.
- It also draws inspiration from Ijma’a, the consensus of Muslim scholars, and Qiyas, reasoning through analogy.
- Sharia is not a set of regulations adjudicated in court nor is it a book of statutes or judicial precedent imposed by a government.
- It is heavily subject to interpretations, with one interpretation of Shariah affording women extensive rights, while another could leave women with few.
Crimes under Shariah
Under Shariah law, crimes are classified into three, viz,
- These are offences which are the least serious and are at the discretion of a judge.
- These crimes result in the offender being subjected to the exact same affliction as the victim.
- These are the most severe offences that are considered crimes against God.