With the Taliban saying they will rule Afghanistan
strictly according to the Islamic legal system, called Sharia Law, many fear
for the safety and rights of women and the media in the country.

In a first press conference since taking
control of capital Kabul on Sunday, that capped off a sweeping nationwide blitz
and an unprecedented collapse of the US-backed government, a Taliban spokesperson
said issues concerning women’s and media rights will be respected “within the framework
of Islamic law”, BBC reported.

Two decades ago, when Afghanistan was under
the rule of the Taliban, women were not allowed to get an education or work and
were required to wear a burqa since the age of eight. It was mandatory for
women to be chaperoned by a male relative and those who did not comply were flogged
in public.

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 What is Sharia Law?

Sharia law is the Islamic legal system. Its
frameworks are based on both the Quran, Islam’s central text, and the fatwas,
rulings of Islamic scholars. They are guidelines that all Muslims are expected
to live by and has set codes for prayers, fasting and donations.

The word Sharia means “the clear,
well-trodden path to water”.

In practice, Sharia law can advise Muslims on
every aspect of daily life. If a Muslim is invited by their colleagues for a
celebration after work, they can turn to a Sharia scholar for advice to ensure
they comply with the law. This advice can be taken for nearly every aspect of
daily life, including family, finance and business.  

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How
are people punished for breaking the law?

There are two types of punishment for offences
against Sharia law, with ‘hadd’ being the category of serious crimes with set penalties.
The punishment for ‘tazir’ crimes is left to be decided by a judge.

‘Hadd’ crimes include theft, for which a
person’s hands can be amputated, and adultery, for which a person can be stoned
to death. Some Islamic organisations say that there are many safeguards for ‘hadd’
offences and they require irrefutable proof.

The United Nations has spoken out against
death by stoning, calling it “torture”.

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Is there
a penalty for conversion?

Switching faiths, or apostasy, is a
controversial topic in Islam with many experts saying most scholars believe it
is punishable by death. However, some scholars – particularly those engaged
with western societies – argue that the punishment should be left to god and that
apostasy does not threaten Islam.

According to the Koran, there is no compulsion
in religion.

The
rulings

The guidance and rulings are passed by Islamic
jurists, with those that become a formal legal ruling called fatwas. There are
five different schools of Sharia law, including four Sunni and one Shia doctrine.

The Sunni doctrines include Hanbali,
Maliki, Shafi’I and Hanafi, with the one Shia doctrine being Shia Jaafari. These
doctrines are different in their approach to the texts from which Sharia law is
derived.