Women's Rights in the Islamic Republic's Constitution of 2004 and the Taliban's Draft Constitution of 2005
Women’s Rights in the Islamic Republic’s Constitution of 2004 and the Taliban’s Draft Constitution of 2005
Palwasha Kakar
Abstract: In the wake of the Taliban takeover of Afghanistan, many now anticipate that the movement will create a new set of founding documents as they establish the basic organs of the state. For this reason, understanding Islamic constitutionalism, and especially understanding the basis for women's rights within Islamic constitutionalism, has never been more important. This paper contributes to this conversation by discussing many topics that have significant impacts on women in Afghanistan, including the competing ideas of the jamhooriyat and emirate, the role of religion and the Ulema, and women's rights and citizenship in constitutions. Through comparing the constitution of the Islamic Republic and the Islamic Emirate we can understand the jurisprudential, political, and ideological forces that animate these founding documents. Understanding this can allow us to better understand how Afghan women's roles in society and politics may be shaped in the near future.

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