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On March 30 President Karzai ratified a Bill that endorses limitations on Shia women’s’ rights. The legislation was proposed and approved by the Afghan Parliament and validates domestic sexual abuse of women. The law concurs that male sexual urges must be met in the home regardless of female consent. Furthermore, women must request male permission prior to leaving the home.
Initially the legislation did not attract any international attention. Numerous female Members of the Afghan Parliament have agreed and justified this policy. The Hezbe Wahdate Islami-ye Afghanistan which is a Shia dominant Mujahedeen faction and other Mujahedeen law makers under the auspices of Ayatullah Mohseni - a pro Iranian Shia cleric are responsible for the creation of the Bill. The legislation was aimed to primarily solidify the distinction between Shia minority and the masses. Shia leaders were persistent to pass this legislation along with all of the mishaps in order to guarantee this separatism within the Constitution.
Religious leaders have been lobbying for this Bill for the past few years. Some attribute these attempts as efforts to protect Shia identity which was ignored in past decades.
This legislation has been ratified during a time of governmental transition. President Karzai’s term is almost over and the Afghan elections are underway.
The President is seeking endorsement from the United Front and other non-Pashtun political leaders to ensure a third term in office in the upcoming election. It seems that Shia leaders have promised their support to President Karzai in exchange for ratification of the Shia Law.
The Law was drafted and run through the parliamentary session so quickly that some lawmakers did not have a chance to even read it. There were no readings of the law within the Parliament. The bill did not have any comments or amendments suggested by any Members of Parliament or an independent law professional.
With all certainty we can say that the Shia Law was a bargain card in the elections. President Karzai has signed the law without reviewing its contents. The Law is clearly a violation of basic human rights of Afghan women.
The law restricts women’s movement in and out of the domestic sphere and also limits social
interactions and freedoms. The legislation specifies that women must commit to sexual urges of their husbands at least once in four days.
Throughout the troublesome history of the region, no prior President has actively restricted women’s rights through legislation. The Bill is the first of its kind in Afghan history. Both the Mujahedeen and Taliban regimes have committed their fair share of atrocities, including women’s rights abuses, never have those acts been legitimized by government laws and policies. Pressures from the international community have proven to be semi-effective. The President has mentioned that he might take back his ratification of the bill. What is clear is that, this issue has opened doors for future attempts to limit and restrict both civilian and women’s rights in the country.
On April 02, 2009 I had the opportunity to meet Ms. Fauzia Raoofi from Fariyab province - a female member of the Afghan Parliament in Toronto and inquired about her position on the issue. I questioned the purpose and significance of this legislation in Afghanistan. The Member of Parliament was poorly informed and avoided any direct answers. The only comment she made was that the women should obey the orders of their husbands as we live in an Islamic country which is governed by Sharia Law. One would can’t help but wonder if we’ve really been empowered as a nation in the past 8 years. Why is the violation of women’s rights being legalized under this so called democratic government?

This law was ratified by the Afghan Parliament on Feb 07, 2009.
President Karzai had over six weeks to review and return the Bill with comments and amendments. Instead he refrained from bringing forth any changes and signed it, thus marking the controversy over women’s rights.
The Taliban in a statement cheered the Bill. The statement broadcasted on April 04, 2009 by the Taliban press representative Zabihullah Mujahed is saying that “Taliban declared the new law inline with their policies and that is why they are supporting the Bill”.
The “Shia Private Life Bill” was originally drafted in 2006 as a research assay in Mashhad – Iran with the financial help of Ayatullah Muhsseni before it was presented as a legislative Bill to the Afghan Parliament in February of 2009.