On August 22, 2024, according to a local media platform, Tolo News, the Ministry of Justice announced the enforcement of the law concerning the Ministry of Vice and Virtue, ratified by the leader of the Islamic Emirate. This law, with four chapters and thirty-five articles, addresses key issues such as women’s hijab, men’s attire, media regulations, and the conduct of ministry enforcers. Article 13 focuses on women’s hijab, requiring a full body and face covering to prevent temptation. It also prohibits drivers from transporting adult women without a male guardian. A woman’s loud voice, including singing and recitation, is regarded as part of her modesty, and wearing thin, short, or tight clothes is forbidden.

Sequel to the laws, OIC Special Envoy Tarig Ali Bakhit urged the Islamic Emirate to reconsider its policies on women’s education and employment during a meeting with Amir Khan Muttaqi, Afghanistan’s acting Foreign Minister. This discussion took place during the 50^th Session of the OIC Council of Foreign Ministers. Bakhit emphasized the need for Afghanistan to align with OIC resolutions, particularly regarding women’s rights, and highlighted the setbacks caused by the suspension of girls’ education. The meeting also addressed combating drugs, terrorism, and the country’s security and economic situation.

Islamic Scholarly Perspectives

From the foregoing, the laws and restrictions are themed to primarily concern the following: Veiling Requirements (complete veiling of the body and face), Restrictions on Women’s Voices (no public speaking, prohibition on singing or reading aloud), Gaddu-l-Baṣar(obligation to lower their gaze), and Transportation Restrictions (male escort requirement; Mahram). These issues arise from the new laws imposed by the ruling Taliban government in Afghanistan. Thus, our focus is to examine these matters from Islamic Scholarly Perspectives.

Veiling Requirements

Understanding the covering of the body and face according to Islamic law depends on understanding some of the terms connected to this concept: Hijab and Niqab. The word Hijab, in Arabic, refers to covering or concealing.  As a term, it refers to clothing that accurately covers the requirements and limits of veiling in Islamic law.  As for the niqab, it is the face veil worn by women.

The difference between hijab and niqab is that the hijab covers the entire body, while the niqab only covers the woman’s face. Both are styles of dress familiar to Muslim women since the beginning of Islam. But then, it is the niqab, rather than the hijab, that is made mandatory by the laws enacted by the current Taliban government. 

There are various debates among Islamic scholars about the complete covering of the body and face. For the most part, the jurists consider the entire body of women, except the hands and face, to be ‘awrah’ (a place to be covered) in front of non-mahram men. This is because women are involved in shopping, selling and various other interactions with men. Imam Abu Hanifa, Imam Maalik and Imam Shafi’i and their students have also adopted this view.  Moreover, Allah says: “And tell the believing women to lower their gaze and guard their chastity, and not to reveal their adornments except what normally appears…” (An-Nūr: 31).

The verse above suggests that complete covering is not obligatory. Since the niqab entails covering a woman’s entire body, including the face. One of the narrations showing that women’s faces were uncovered in the Prophet’s time is the incident narrated by Abdullah b. ‘Abbas about his brother, Fadl. Ibn ‘Abbas said that his brother, Fadl, was riding behind the Prophet when he looked at a woman, and the Prophet turned his face away. Since this incident took place during the Farewell Pilgrimage, it shows that not all women covered their faces even in the last years of the Prophet’s life.

This inference is contradicted by the Taliban government’s new rule. Indeed, it has been established that a woman’s face is not ‘awrah’ and does not need to be covered as prescribed by the Taliban government.

Restrictions on Women’s Voices

In Islamic teachings, women have specific rights and responsibilities regarding public conduct, primarily aimed at ensuring modesty and avoiding any role in causing temptation for the opposite sex. Among the key areas Islam emphasizes for women in the public sphere is the importance of maintaining modesty in speech. While some hold the misconception that a woman’s voice is considered part of her ‘awrah, this view is not rooted in Islamic principles. Historical accounts reveal many instances where women engaged with the Prophet (PBUH) for guidance, such as Kawlah bint Tha’alabah, who sought the Prophet’s intervention regarding her husband’s pronouncement of Zihar, which led to the revelation of Surah al-Mujadilah. Similarly, Shifa bint Abdullah was appointed as a market inspector during the caliphate of Umar, Nusayba bint Ka’ab defended the Prophet on the battlefield, and Rufayda al-Aslemiyya is considered the first nurse and social worker in Islamic history.

This shows that a woman’s voice is not ‘awrah. There are narrations of women communicating with the Prophet and rulers and greeting men who are not mahrams. Of course, some scholars consider this makrooh. Others argue that women have the right to interact in the public sphere, but only under certain conditions.

In fact, Allah’s instruction to the wives of the Prophet emphasizes the importance of modesty in speech, not of not speaking: “…do not be overly effeminate in speech ˹with men˺or those with sickness in their hearts may be tempted, but speak in a moderate tone” (Ahzab 33:32). This instruction speaks of soft or flirtatious speech.

Regarding singing, most Islamic scholars consider it unlawful for women to sing publicly, especially in the presence of non-mahram men. The main reason for this is that the song is sung only by embellishing the voice. 

Gaddu-l-Baṣar(obligation to lower their gaze)

The obligation to avoid direct eye contact with individuals of the opposite sex to whom one is not related by blood or marriage, known as Ghaddu-l-Baṣar, is firmly established in Islamic law. This principle is based on the idea that unlawful gazing can lead to sins, which is addressed through the concept of Sadd al-Dharā’i’—blocking the means to prevent potential evil. Since an inappropriate gaze can lead to major sins and forbidden actions such as physical contact, mixing, and unlawful sexual relations (zina), Islamic law prohibits looking at non-mahram women as it is considered sexually immoral.

Furthermore, the benefits of adhering to the practice of lowering one’s gaze in Islam include obeying Allah’s commands and maintaining moral integrity. Allah instructs believers to “lower their gaze [from looking at forbidden things] and guard their chastity [private parts from illegal sexual acts]” (Al-Nur 24:30). Imam Ibn Kathir explains that this command entails avoiding forbidden sights and only looking at what is permissible. Meanwhile, the Prophet Muhammad (pbuh) advised averting one’s gaze if a sudden glance occurs (Muslim, 2159).

In conclusion, given the deeply ingrained nature of this principle in Islamic law, particularly regarding interactions between unrelated men and women, governments should focus on public education and sensitization about the implications of unlawful gazing. Enforcing such personal conduct through government regulation would be challenging and potentially intrusive. Therefore, in most Islamic communities, the emphasis is on individual accountability rather than official enforcement.

Transportation Restrictions (male escort requirement;Mahram)

From the outset, Islam emphasizes the role of mahram  in safeguarding the well-being of women. The principle is to protect women by ensuring they are not traveling alone, reflecting Islam’s high regard for women’s dignity and chastity through the requirement of a mahram. The Prophet Muhammad (ﷺ) reinforced this principle through his sayings. For instance, Abu Hurairah reported that the Messenger of Allah (ﷺ) said: “It is not permissible for a woman who believes in Allah and the Last Day to make a journey of one day and night unless she is accompanied by a mahram.” (Bukhari/Muslim)

Al-Baghawi states that the majority of scholars agree that a woman should not travel without a mahram for any reason other than Hajj, with some exceptions, such as a woman’s conversion to Islam in a non-Muslim region or a female prisoner who has been released. In addition, if a woman who is lost while travelling is found by a trusted man, it is acceptable for him to accompany her until she is safely reunited with her group (Al-Bari, Fath, 4/76). Meanwhile, considering that Afghanistan follows the Hanafi madhhab, there is nothing wrong with a woman travelling without a mahram for a distance of less than 77 km (48 miles), which is considered a journey in the school of thought.

Conclusion and Summary

From the above, it is clear that some of the laws introduced by the Taliban are excessive according to the views of Islamic scholars. While the aim is to protect the dignity of women, these rules need to be proportionate so as not to restrict the freedoms that Islam guarantees. Full veiling for women, whether by niqab or burqa, is part of Islam, but making it compulsory for all women would contradict Islamic rulings. Secondly, restrictions on women’s voices, such as prohibitions on public speaking, contradict Islamic teachings. Sources indicate that women may speak without temptation.

The command to lower the gaze applies to both men and women. This directive is per the consistency of Islamic teachings on personal ethics. Therefore, it would be more appropriate for the government to teach men and women the religious importance of modesty in their interactions, rather than imposing it on the public. The requirement to travel with a male mahram is established in Islamic law for the safety of women. This shows that Islam places high importance on the safety of women and protects them from harm. However, in peaceful and safe environments, some scholars believe that women can travel without a mahram.

As a result, while some of these measures are in line with Islamic teachings, others go beyond the limits set by Islam and restrict the freedom granted by the religion. It is therefore important to strike a balance between protection and personal freedom in the interpretation and application of the rules.