Afghanistan
Afghan society and politics are simultaneously united by Islam – one of the few agents of social cohesion in a land split along ethnic and tribal lines – and threatened by militant Islamism. Though Zoroastrians, Buddhists and Greeks all left an imprint on Afghanistan’s early history, Islam has dominated its religious landscape since the 9th century. When the Soviets invaded in 1979 to support the country’s new communist government, Islam united the multiethnic opposition to the atheist regime. Once the insurgency succeeded in 1989, the country plunged into civil war. The radical Taliban regime gained power in 1996 but was deposed by a US-led invasion in 2001. However, its supporters remain a significant power in large parts of the country. The current Constitution of Afghanistan guarantees freedom of religion but mandates that Islam is the state religion and no law may contradict Islam. Islam remains a major political force, with numerous Islamic political parties as well as an ongoing Taliban insurgency.
ESSAYS ON AFGHANISTAN
Early History
Afghanistan is located at the crossroads of several great civilizations and religions. Northern Afghanistan is one of the likely birthplaces of Zoroaster, and the religion he founded, Zoroastrianism, had a significant influence in the region for many centuries. In the sixth century BCE, the Achaemenid Persian Empire conquered the territory. In 330 BCE, the Macedonian armies of Alexander the Great captured the region, which became home for a significant number of Greek colonists and a center of Hellenism in Central Asia. Shortly afterward, the Maurya Empire, based in India, conquered much of southern Afghanistan and introduced Buddhism. In the second century BCE, the Kushans established an empire based in Afghanistan that lasted almost 400 years; their religious toleration led to the flourishing of various traditions, particularly Mahayana Buddhism. The Kushan Empire entered a prolonged decline after 300 CE, as various other Indo-European peoples established control over the area. Muslim armies arrived in the seventh century, and once again established Afghanistan as a center for learning and culture. Turkic migrations disrupted the region after the tenth century, but it was the arrival of Mongol armies under Genghis Khan that shattered the political structure of the region. During the following centuries, various dynasties struggled for control of Afghanistan. By the sixteenth century, the main contenders were the Mughal Empire in India and the Safavids in Iran. By exploiting the rivalry between these two powers, local Pashtun tribes were eventually able to achieve some measure of independence.
The Great Game and the Emergence of Modern Afghanistan
Starting in 1747, the Pashto-speaking people of Afghanistan became increasingly assertive of their independence. The decline of the Mughal Empire created a power vacuum, and Muslim Afghan armies fought for control in religiously fueled campaigns; conflict with Hindu Marathas was declared a holy war, and the conquest of Sikh Punjabi cities witnessed the systematic desecration of their temples. By the early 19th century, incessant infighting had disintegrated Afghan power, and Britain and Russia began to compete for influence in the region in a conflict known as the Great Game. After the First Anglo-Afghan War (1838-1842) proved disastrous, the British brought Afghanistan into their sphere of influence with the Second Anglo-Afghan War (1878-1880). Afghanistan emerged as a stable but British-dominated state under Abdur Rahman Khan (1880-1901), who unified the country with heavy-handed measures, including the forced conversion of non-Muslims. With Britain strained after World War I and the Russian Revolution complicating matters, Amanullah Khan (1919-1929) secured full independence for Afghanistan in the brief Third Anglo-Afghan War (1919), but his broad, modernizing reforms generated backlash, particularly from religious leaders, and he was overthrown in 1929. Succeeding Afghan monarchs cautiously modernized the state while balancing pressures from Western, Communist, and Islamic sources. However, by 1973, economic decline and political deadlock prompted the overthrow of the monarchy. The new republic proved unstable, and a coup led to the assassination of President Mohammed Daoud (1973-1978), placing power in the hands of a weak and divided Communist Party, who quickly alienated many Afghans with reforms that were perceived as un-Islamic. In 1979, Soviet forces invaded Afghanistan to bolster the Communist regime.
Civil War, the Taliban, and American Intervention
Resistance to the Soviet occupation was organized primarily around a broad range of religious and tribal groups who were supported by various foreign governments, including the United States, Pakistan, and Saudi Arabia. In addition, volunteers from several Muslim countries joined the local Mujahideen in their struggle. Rising casualties and an inability to suppress the guerrillas led the Soviets to withdraw in 1989, and subsequently the Communist government was overthrown in 1992. The complex anti-Soviet alliance quickly fell apart, and the country became embroiled in a new civil war as warlords turned their armies on each other. In response, many Pashtun joined the Taliban, a fundamentalist organization that sought to apply a strict, local version of Sharia law. During the 1990s, the Taliban succeeded in gaining control of most of the country, with only the far north remaining under the control of the opposition Northern Alliance. Under Taliban rule the rights of all inhabitants, particularly women, were severely restricted and many symbols of Afghanistan’s pre-Islamic era were destroyed. The Taliban also allowed Osama bin Laden, leader of Al-Qaeda and an influential figure in the fight against Soviet occupation during the 1980s, to retain camps in their areas of the country. After the attacks of September 11, 2001, and the subsequent refusal of the Taliban to expel bin Laden, American forces assisted the Northern Alliance in seizing control of the country. The new government, led by Hamid Karzai, faces serious difficulties in rebuilding Afghanistan after decades of conflict. Moreover, the Taliban remain an active and violent presence throughout much of the countryside.
Contemporary Affairs
Religion and politics remain deeply intertwined in Afghanistan, affecting the behavior of voters, judges, lawmakers, and insurgents alike. Politically, Afghanistan’s most recent Presidential election, which occurred in 2009, was marked by violence, low voter turnout, and widespread fraud as attacks by the Taliban – which rejected the legitimacy of the electoral process on nationalist and religious grounds – kept many people home. That same year, the Afghan government, in collaboration with Shiite religious authorities, passed a controversial law affecting the rights of Shiite women, but the international outcry regarding some of the law’s provisions, such as those legalizing marital rape, forced the Karzai administration to limit its application. Overall, the Taliban continues to exhibit its presence in Afghanistan as demonstrated by the organization’s stoning of a young couple accused of adultery in the province of Konduz in August of 2010. As the first stoning carried out since the overthrow of the Taliban regime, the event further heightened fears of the organization’s resurgence. In early 2012, the Taliban agreed to open an office in Dubai for peace talks with U.S. and NATO officials, but such negotiations remain stagnant. The Taliban still continues to carry out operations in Afghanistan as demonstrated by their June 2012 attack on the Lakeside Family Resort, in which a number of guests were taken hostage. In spite of the continued Taliban presence in Afghanistan, the U.S. and its NATO allies agreed at the 2012 NATO Summit to hand over primary security responsibilities to Afghan forces by the summer of 2013.
Religious Freedom in Afghanistan
A combination of contradictory laws, official ambivalence, popular prejudice and ongoing insurgency makes Afghanistan a place that remains largely hostile to religious freedom. The Afghan Constitution of 2004 contains potentially conflicting provisions regarding freedom of religion. On the one hand, the document pledges to uphold the Universal Declaration of Human Rights, which contains strong guarantees of religious freedom, and declares that adherents to all religions are free to worship “within the provisions of the laws”. On the other, the constitution declares Islam the sole and official state religion, states that no law can contradict the beliefs and provisions of Islam, and restricts access to various public offices to Muslims. Other laws also discriminate against religious minorities. For example, Afghan courts will not register marriages involving non-Muslim Afghans, unless the couple consents to a Muslim religious ceremony. Moreover, Sharia governs topics on which the civil code is silent, such as blasphemy and conversion. This can result in harsh punishments for these and other acts, making formally legal activities like proselytism difficult. The shortcomings of the 2004 Constitution are enhanced by the challenges of guaranteeing religious freedom in practice. As of 2010, the Taliban insurgency continues to threaten large swaths of the country, particularly in the Pashtun-majority areas in the south and east. The Taliban have assassinated several religious leaders and forced several dozen schools to close.
Religion in the Afghan Constitution
The 2004 Constitution establishes Islam as the official state religion of the Islamic Republic of Afghanistan, although followers of other religions are free to exercise their faith within the provisions of law. Only Islamic holy days are celebrated as public holidays and all government ministers must be Muslim. Moreover, the constitution prohibits laws that contravene “the beliefs and provisions” of Islam, and the state takes responsibility for promoting religious education and the maintenance of religious buildings. At the same time, freedom of religious practice is formally acknowledged in the constitution. Yet while freedom of expression is defended as “inviolable,” freedom of conscience is not. Thus, while the constitution theoretically allows for complete freedom of religion, it tempers this with specific provisions that favor Islam. Moreover, many Afghans are emphatically conservative and Muslim, and a failure to adhere to popular religious norms will often lead to, at the very least, societal ostracism, and, in the most extreme cases – such as conversions to Christianity - can result in death (either at the hands of vigilantes or sometimes the state).
Preamble
In the name of Allah, the Most Beneficient, the Most Merciful
Praise be to Allah, the Cherisher and Sustainer of Worlds; and Praise and Peace be upon Mohammad, His Last Messenger and his disciples and followers
We the people of Afghanistan:
Believing firmly in Almighty God, relying on His divine will and adhering to the Holy religion of Islam;
Realizing the previous injustices, miseries and innumerable disasters which have befallen our country;
Appreciating the sacrifices, historical struggles, jihad and just resistance of all the peoples of Afghanistan, admiring the supreme position of the martyr's of the country's freedom;
Comprehending that a united, indivisible Afghanistan belongs to all its tribes and peoples;
Observing the United Nations Charter as well as the Universal Declaration of Human Rights; ...
Article 1: The State
Afghanistan shall be an Islamic Republic, independent, unitary and indivisible state.
Article 2: State Religion
The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan. Followers of other faiths shall be free within the bounds of law in the exercise and performance of their religious rituals.
Article 3: Islam and the Law
No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.
Article 17: Education
The state shall adopt necessary measures to foster education at all levels, develop religious teachings, regulate and improve the conditions of mosques, religious schools as well as religious centers.
Article 35: Political Parties
To attain moral and material goals, the citizens of Afghanistan shall have the right to form associations in accordance with provisions of the law. The people of Afghanistan shall have the right, in accordance with provisions of the law, to form political parties, provided that:
1. Their manifesto and charter shall not contravene the Holy religion of Islam and principles and values enshrined in this constitution;
2. Their organizations and financial resources shall be transparent;
3. They shall not have military or quasi-military aims and organizations; and
4. They shall not be affiliated with foreign political parties or other sources.
Formation and operation of a party on the basis of tribalism, parochialism, language, as well as religious sectarianism shall not be permitted. A party or association formed according to provisions of the law shall not be dissolved without legal causes and the order of an authoritative court.
Article 45: Educational Curricula
The state shall devise and implement a unified educational curricula based on the tenets of the sacred religion of Islam, national culture as well as academic principles, and develop religious subjects curricula for schools on the basis of existing Islamic sects in Afghanistan.
Article 54: The Family
Family is the fundamental pillar of the society, and shall be protected by the state. The state shall adopt necessary measures to attain the physical and spiritual health of the family, especially of the child and mother, upbringing of children, as well as the elimination of related traditions contrary to the principles of the sacred religion of Islam.
Article 63: Oath of Office
Before assuming office, the President shall take, in accordance with special procedures set by law, the following oath of allegiance:
In the name of God, Most Gracious, Most Merciful, I swear by the name of God Almighty that I shall obey and protect the Holy religion of Islam, respect and supervise the implementation of the Constitution as well as other laws, safeguard the independence, national sovereignty and territorial integrity of Afghanistan, and, in seeking God Almightys help and support of the nation, shall exert my efforts towards the prosperity and progress of the people of Afghanistan.
Article 66: Duties of the President
The President shall take into consideration the supreme interests of the people of Afghanistan to enforce the authorities enshrined in this Constitution. The President shall not sell or bestow state properties without the provision of the law. During the term of office, the Presidential position shall not be used for linguistic, sectarian, tribal, and religious as well as party considerations.