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Thursday, April 09, 2009

Nelofer Pazira: Sharia law is not the real problem for Afghan women

My favourite producer says: "We are looking for local outrage and you are our top choice." When I try to explain that I'm equally outraged at the way the media is treating this story, there is silence on the line. And when I say, what about context as well as outrage, she says: "Let me check to see if we have time in the show and I'll call you back right away." I never hear from her again.

I'll repeat the usual mantra: any law or practice that treats any member of a society, men or women, with prejudice should not be tolerated. But with the West's hysteria on this issue, I wonder whether we're not projecting our own fears of sharia on to what's unfolding in Afghanistan. In the West, we hear the word sharia and we tremble because all we know of Islamic law is the Taliban, the Danish cartoons affair and executions in Saudi Arabia.

In the case of Afghanistan, the new legislation will affect women of the Shia minority – about 5 per cent of the population. The majority of all Afghan women are in fact hostage to far more draconian practices, enshrined in customs and traditions that date back to pre-sharia days – and are in some cases contradictory to Islam.

Even in its conservative interpretation, Islam recognises women's rights to land ownership. It insists on the "consent" of both sexes when entering a marriage contract or sexual relations. What is branded as "sharia" for Shias in the legislature is basically giving Afghan men the right to control their wives, which is already practised widely.

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