3.12. Individuals perceived to have transgressed religious, moral and/or societal norms

COMMON ANALYSIS
Last update: January 2023

This profile refers to individuals whose actions, behaviours, or practices are seen as transgressing religious, moral and/or societal norms, irrespective of whether the perceived transgression of norms occurred in Afghanistan or abroad. Practices perceived as a transgression of these norms depend on several factors such as local context, actors involved and their interpretation of these norms.

COI summary

Afghanistan’s highly diverse society includes urban, rural and tribal segments, each having norms and mechanisms to settle disputes. Islamic values, concepts and practices influence many social and behavioural norms throughout society. Customs and customary law also continue to play an important role in Afghan society. It is a widely held perception among Afghans that customary laws are in line with the sharia. Transgression of a moral and/or societal norm may lead to honour-based violence, especially but not exclusively against women, which is a common occurrence in Afghanistan (see also 3.15 Women and girls) [State structure, 3.3.1, p. 44; Society-based targeting, 1.1, pp. 16-17; 1.5, pp. 21-22; 3.7, pp. 51-53; 7.2, pp. 84-85].

The Taliban’s view of sharia is based on the Sunni Hanafi school of jurisprudence, but it is also influenced by local traditions and tribal codes. The implementation of sharia differed among areas controlled by the Taliban during their time as an insurgency, with a tendency to gradually implement stricter interpretation as they gained influence in the area. After the takeover, the Taliban announced that they intended to act on the basis of their principles, religion and culture, and emphasised the importance of Islam and that ‘nothing should be against Islamic values’. They also re-established the MPVPV which has increased the enforcement of a wide range of directives related to extramarital relationships, dress code, attendance at prayers, and music. As of 15 June 2022, UNAMA had recorded at least 30 instances of ‘cruel, inhuman and degrading treatment and punishments’ including public flogging, beatings and verbal abuse of persons failing to comply with issued rules and directives since the takeover [Targeting 2022, 1.3, pp. 41-43; Country Focus 2022, 1.4, p. 25].

The Taliban have been reported to punish individuals for not adhering to the expected religious practices. For example, UNAMA recorded cases of physical punishment of individuals not attending prayers, including the beating of shopkeepers in Lashkar Gah City, Helmand Province. As of January 2022, the Taliban had reportedly announced a requirement for all men to attend congregational prayers at mosques in parts of Kabul and Takhar provinces. In the mosques of the capital, the Taliban have ordered clerics to hold a roll call and report those who did not show up. First absence could be sanctioned with a fine, and a repeat offender could be ‘punished’. Furthermore, residents of Takhar’s Rustaq District reported that ‘those who do not attend prayers are fined and beaten’ and referred to a recent incident where two men who had failed to attend prayers were beaten by Taliban fighters [Targeting 2022, 1.3.3, p. 45, 47-48; 6.3, pp. 128-130].

The text below provides an non-exhaustive list of actions, behaviours, or practices which can be perceived as potential transgression of religious, moral and/or societal norms by different actors in Afghanistan. Incidents mentioned below are illustrative examples and are not exhaustive.

Zina

Zina concerns illicit sexual relations, adultery, pre-marital sex and can also be imputed to a woman in case of rape or sexual assault.

In case of zina, several instances of killings, stoning, beatings, arrests, lashings or whippings have been committed by the Taliban or others against women and men. On 11 December 2021, the Afghan newspaper Hasht-e Subh reported on the arrest of 18 people, including nine women, who were accused of immoral behaviour, namely prostitution. In January 2022, Taliban fighters reportedly gang-raped eight women they had previously arrested in Mazar-e Sharif. Some of the women were killed by their families ‘in the name of honour’ after being released from custody. Between January and February 2022, four Taliban punishments were reported for cases of zina against women as well as men, including public lashing, arrest, and death by stoning. On 1 April 2022, a woman and a male colleague riding in a car together were reportedly stopped, interrogated and arrested at a checkpoint in Mazar-e Sharif by officials of the Taliban MPVPV. The following day, their dead and mutilated bodies were found. On 13 May 2022, a boy and a girl were shot by a relative of the girl for having sexual relations outside of marriage in Ghazni Province [Targeting 2022, 1.1.4.(g), p. 35; 5.1.2, pp. 87-88, 5.1.6, p. 95; 5.1.7, p. 96]

Dress code

The Taliban took restrictive measures regarding the dress code of Afghan men and women. In May 2022, the Taliban issued a decree obliging Afghan women to be fully covered from head to toe (including their faces) when appearing in public. The decree stipulated a list of punishments for violations, including warnings and summons to a government office of a male head of the household, and in the case of repeated offences short-term imprisonment and eventually a court case with further punishments for the male guardian. The compliance with the decree differed across the country, and some women who were not covering their faces could be seen in some urban areas [Targeting 2022, 5.2.5, pp. 119-124].

It is also reported that female patients without a hijab should be denied healthcare, while vehicle drivers were also instructed not to pick up female passengers without a hijab covering their hair. In other cases, men were reportedly stopped and harassed by Taliban fighters for wearing Western style clothes or shaving beards. In late September 2021, Taliban officials reportedly banned barbers from shaving or cutting beards in Helmand and Uruzgan Provinces, and warned that those violating the rule would be punished. In January 2022, male employees of Taliban officials in Uruzgan Province were reportedly ordered to stop trimming and wear a turban at work [Targeting 2022, 1.3.2, pp. 43-44; 1.3.3, pp. 47-48].

Alcohol and drugs

The Taliban have taken certain measures against alcohol and drug users. On 3 April 2022, the de facto government issued a decree banning poppy cultivation, a plant which is, inter alia, used to produce opium. The decree reads that crops should be burned, and farmers punished under sharia. It further banned the production, use or transportation of other illicit drugs, including alcoholic beverages, heroin, ‘Tablet K’, and hashish. Since the takeover, Taliban fighters have rounded up drug addicts across Afghanistan and brought them to clinics or prisons to receive treatment. They used force, sometimes with whips and gun barrels, and the ensuing treatment lacked methadone and oftentimes counselling. In Kabul, the Taliban were also reported to sometimes inflict physical punishments on smokers, based on the group’s general disapproval of smoking. Moreover, in April 2022, seven men were flogged and sentenced to imprisonment by the Taliban Supreme Court, inter alia for drinking alcohol [Security 2022, 1.2.3, p. 31; Targeting 2022, 1.1.4 g, p. 36; 1.3.4 f, p. 34; 1.3.2, p. 44].

Music

Regarding arts, even if the Taliban did not officially ban music after the takeover, they disapproved it at weddings and other public events. On 26 December 2021, the Taliban MPVPV instructed vehicle drivers to refrain from playing music in their cars. Several incidents targeting artists have been recorded, including arrests, physical aggression, destruction of music instruments or house searches. In Kapisa Province, representatives of the local department of the Taliban MPVPV were cited as saying that playing music was ‘strongly forbidden’ and considered as a crime. The ministry’s local director, Jamaluddin Mazhari, was quoted saying that artists singing in Kapisa would be ‘dealt with harshly’ [Targeting 2022, 1.3.3 a, pp. 48-49].

Other activities considered immoral

Gender segregation between men and women was imposed in Taliban government ministry offices, education and health facilities, and recreational areas [Targeting 2022, 1.3.2, pp. 43-45, 5.2.1, p. 99, 5.2.2, pp. 105-107; 5.2.3, pp. 111-115].

In November 2021, the Taliban issued media restrictions, which barred women from appearing in television dramas, soap operas and entertainment shows. Subsequently, in March 2022, foreign drama series were prohibited [Targeting 2022, 1.3.2, pp. 43-44].

A decision reportedly issued by the de facto government in December 2021 called on the Kabul municipality to remove all photos of women from signboards in shops and business centres in the capital. In the same month, shop owners were ordered to remove the heads of mannequins in Herat City, as they were considered ‘idols’ and thus ‘un-Islamic’. Some shopkeepers complied with the orders and sawed off the heads of their mannequins [Targeting 2022, 1.3.3, p. 47].

Citizens celebrated Valentine’s Day on 14 February 2022 in Kabul City. Taliban fighters reportedly marched through the streets but did not stop Valentine’s sales, although shopkeepers were asked to keep a low profile. Nonetheless, there were instances of Taliban fighters popping balloons, ransacking flower shops and closing celebration venues. It was also reported that the Taliban detained young men selling heart-shaped flowers [Targeting 2022, 1.3.3, p. 47].

On 21 April 2022, the de facto government instructed the Taliban Ministry of Communications and Information Technology to restrict access to the social media platform TikTok and an online battle royale game, and to close channels with ‘immoral programs’ [Targeting 2022, 1.3.2, p. 44].

Risk analysis

Acts reported to be committed against individuals under this profile are of such severe nature that they amount to persecution (e.g. imprisonment, corporal punishment, honour-based violence and killing). When the acts in question are restrictions on the exercise of certain rights of less severe nature or (solely) discriminatory measures, the individual assessment of whether they could amount to persecution should take into account the severity and/or repetitiveness of the acts or whether they occur as an accumulation of various measures.

For individuals perceived to have committed zina well-founded fear of persecution would in general be substantiated.

For other individuals perceived to have transgressed moral and/or societal norms in Afghanistan or abroad, the individual assessment of whether there is a reasonable degree of likelihood to face persecution should take into account risk-impacting circumstances, such as: gender (the risk is higher for women), profession (especially artists, barbers), area of origin and conservative environment, visibility of the applicant and the transgression (also when the transgression took place abroad), etc.

Nexus to a reason for persecution

Available information indicates that persecution of this profile may be for reasons of religion and/or (imputed) political opinion or membership of a particular social group. The latter could be based on shared characteristic, such as a common background which cannot be changed (perceived past behaviour) and a distinct identity in the context of Afghanistan, linked to their stigmatisation by the surrounding society, or a belief that is so fundamental to identity or conscience that they should not be forced to renounce it (opposition to cultural, social or religious norms and the unwillingness to comply with them).