Practising Law Under the Emirate: Afghan defence lawyers fight for space in a transformed justice system

After the fall of the Islamic Republic, the newly empowered Islamic Emirate radically overhauled the courts and the criminal justice system, elevating sharia as the sole source of law, along with the mullah-judges who now interpret Islamic jurisprudence. Defence lawyers, whose role is to protect the interests of the accused, have been marginalised, their professional body dissolved, work permits revoked and an examination of their knowledge of Islamic jurisprudence now required to obtain a new licence. Their ability to practice is also limited, with judges sometimes seeing their legal arguments as an insult to their own earning. Women are denied access to the profession, although some have found creative ways to continue practicing. AAN’s Hamed Pakteen, with contributions from Rachel Reid, has been hearing from lawyers about their experiences in Emirate courts.

An elderly man, convicted of murder, appeals against his death sentence at the Ghazni Court of Appeal. He told reporters he had no defence lawyer. Photo: Wakil Kohsar /AFP, 28 November 2022In most legal systems, the right to self-defence is a fundamental principle for a fair trial, with defence lawyers playing a crucial role in protecting the accused, particularly in the confusing arena of a courtroom. In the courts of the Islamic Emirate of Afghanistan (IEA), power has swung into the hands of religiously-trained judges, whose decisions are framed as rooted in Islamic jurisprudence (fiqh). Defence lawyers are a common feature of criminal justice systems in many Muslim majority countries, but in the Emirate, they have been marginalised and their adversarial role in defending the accused is misunderstood or unwelcome, with serious consequences for fair trials and the right to self-defence.

In November 2021, just months after taking power, the Emirate took over the offices of the Afghanistan Independent Bar Association (AIBA), the professional body that governed lawyers, and put it under the control of the Ministry of Justice (Radio Azadi). It revoked the licences of thousands of lawyers, requiring them to re-licence by taking an exam, which largely tested their knowledge of sharia. Previously, knowledge of both sharia and codified laws (qanun) had been required.

Although many male lawyers did successfully re-licence, they still face problems. Those interviewed noted they were given only restricted access to documents and key parts of court proceedings, and described many judges as hostile. Female lawyers have not been permitted to re-apply for their licences. While some have found ways to offer advice to women clients, the repercussions for female legal professionals and women’s access to justice, in general, are profound.

In the courts of the IEA, the role of defence lawyers has been minimised. Interviewees told AAN they are often barred from attending their clients’ sessions in court and judicial rulings are made in their absence. They say judges often act with bias, do not allow defence lawyers to speak or defend their clients during hearings and dismiss defence lawyers as ‘uneducated’ or irreligious. Some said that if a lawyer objects to a judge’s ruling, they faced a risk of violence or imprisonment by judges who view a lawyer’s legal argument as an insult to themselves and their knowledge of jurisprudence.

This report looks at the problems faced by defence lawyers at all stages of the process, from obtaining licenses and reviewing their clients’ cases to challenges they face in the courts, including how judges often sideline or silence defence lawyers, insulting or even imprisoning them. The report examines the behaviour of Emirate judges through the eyes of the defence lawyers, from how they review cases presented in court, to the laws that they follow. We look in particular at the situation of female lawyers, now excluded from the profession, but with some managing to find creative ways to still work, and especially to support female defendants or claimants.

The research is based on nine in-depth conversations with defence lawyers, five women and four men, from Mazar-e Sharif and Kabul. Names of those inside Afghanistan have been changed for the interviewees’ security. The report also draws on various secondary sources, as well as a review of the statutes, bills and other documents related to the performance of judicial institutions of the Islamic Emirate published by the Ministry of Justice.

The role of defence lawyers

In most legal systems, defence lawyers play a vital role in protecting the rights of the accused. They are ideally present throughout all stages of legal proceedings – investigation, trial and appeal – in order to defend their clients’ legal rights. If they have legal expertise and independence, a defence lawyer can guide clients through what can often be a bewildering process, ensuring fair trial rights, such as accessing case files, being granted sufficient time to prepare a defence and preventing the use of confessions elicited by torture. The presence of a lawyer can have a significant impact on the outcome of legal proceedings and prevent potential violations of due process and other rights. For this reason, a lawyer’s presence at all stages of legal proceedings is widely considered a fundamental requirement of the right to a defence.

While Islamic jurisprudence does not articulate the role of defence lawyers per se, the right to defence and legal representation is well-established and as mentioned previously, it is normal to find defence lawyers working in criminal justice systems in many Muslim majority countries.[1]The right to legal counsel is interpreted as flowing from the Islamic theory of ‘protected interests’, according to Farhad Malekian in ‘The Rights of the Accused,’ Chapter 31 … Continue reading Background: defence lawyers before 2021

The right to legal defence has been legally enshrined in Afghanistan since the 1960s, from the 1964 Constitution to the first Islamic Emirate’s 1997 Law of Defence Attorneys (AAN). The legitimacy of legal representation is emphasised in national and international laws, particularly in criminal proceedings, as a fundamental principle of fair trial.

While this right long existed in theory, it was largely ignored in practice, though this began to shift

during the Republic era. The 2004 constitution, as well as various other legal instruments, including the 2014 Penal Code and Law on Advocates, enshrined the right to a defence lawyer.[2]The right to appoint a defence lawyer was enshrined in Article 31 of the 2004 Constitution, while Article 152 of the 2014 Criminal Procedure Code required the prosecutor to request the … Continue reading

The Afghanistan Independent Bar Association (AIBA) and subsequent flourishing of defence lawyers during the Republic was a source of great pride for many in the legal sector. Before the fall of the Republic, AIBA says its membership included 6,000 lawyers working across Afghanistan, of whom a quarter were women. By 2017, there were around 2,900 licenced defence lawyers, according to a report by the International Legal Foundation (p3). Legal aid services grew slowly – the same 2017 report noted around 300 legal aid lawyers in 2017 – provided primarily by donor-funded NGOs, with a shift towards more state provision in the latter end of the Republic (ILF, Asia Foundation).

The increasing number and calibre of defence lawyers resulted in a growing proportion of incarcerated Afghans receiving legal representation. In 2019, a survey by the World Justice Project from that 78 per cent of inmates arrested between 2017 and 2019 had a defence lawyer, compared with only 51 per cent of inmates arrested before 2017 (though representation was far higher during primary trial, as opposed to during law enforcement or interrogation by prosecutors). Representation was lower among those accused of taking part in the Taliban insurgency, for a variety of reasons, including hostility from intelligence and security services to legal representation, as well as defendants’ lower levels of awareness or financial, as noted in UNAMA’s 2017 report on conflict-related detainees (pp58-59). Attitudes in the general population, however, also appeared to shift in favour of defence lawyers: a study by the Asia Foundationfound that in 2016 almost 80 per cent of Afghans surveyed believed that people arrested or accused of a crime should have the right to a defence lawyer, irrespective of guilt.

The legal Status of defence lawyers under the Emirate

Under the Republic, lawyers and judges could be drawn from those educated either in a Faculty of Law and Political Science, or of Sharia. This parallel system of legal education meant that some Republic-era trained lawyers received an Islamic education and learned Islamic jurisprudence, while others had a more secular training, although with the caveat that Afghan law has always been heavily based on Islamic jurisprudence. Those with a law school training found themselves at a particular disadvantage when the Taliban took power.

Changes began quickly. A few months after the takeover, in November 2021, the Ministry of Justice announced that only lawyers approved by the Emirate would be able to appear in court, plunging thousands of lawyers into confusion (RFE/RL). The AIBA was closed down and a Directorate of Defence Attorneys was set up within the Ministry of Justice. It was responsible for examining and renewing the licenses of defence lawyers, monitoring their activities and addressing any problems facing lawyers in the country (Ministry of Justice, ToloNews). The Defence Lawyers’ Coordination Procedure, approved by the Council of Ministers in April 2022, enshrines in Article 4 the right of any individual to appoint a defence lawyer.

In January 2026 the Emirate introduced Da Muhakimo Jaza’i Usulnama (Penal Code for Courts) which covers ta’zir or discretionary crimes, along with some procedural rules such as the evidentiary value of testimony or the scope of judicial authority (see AAN’s translation).[3]Penal codes typically define crimes, while procedural codes set out how and by whom crimes are investigated, prosecuted and adjudicated, including fair trial standards. The IEA’s Decree number … Continue reading

Examination and licencing under the Emirate

Male lawyers have been able to re-licence, but only after passing an examination which tests their knowledge of Islamic jurisprudence. Since the regulations came into force, the IEA has held at least five rounds of defence lawyer license exams. As of December 2025, over 2,000 men had been licenced and were working as defence lawyers, according to a list published by the Ministry of Justice. Many on the list are identified as ‘mullah’ or ‘hafez’ (someone who has memorised the Quran) The ministry has also issued licenses to madrasa graduates who have been trained in the fields of jurisprudence, inheritance and law (where under the Republic, such students would have needed a further two years of study in a sharia faculty, as well as an apprenticeship with a working lawyer – this is still required.)

According to the Ministry of Justice guidelines, the appearance and demeanour of applicants must be in accordance with the Sunna – as the ministry interprets it – or they cannot register for the exam. This means applicants must be bearded and wear a cap or turban and piran tomban (also known as shalwar kameez, ie a long tunic and light, loose, pleated trousers).

Interviewees said the entrance exam requires a knowledge of multiple religious books, some of which are centuries old and require considerable understanding of Arabic, including archaic terminology. According to a guideline from the Ministry of Justice, they include the tenth century Islamic text, al-Aqidah al-Ṭaḥawiyah (The Doctrine of Imam al-Tahawi) and Majallat al-Ahkam al-Adliyyah (Manual of Legal Rulings), a nineteenth century Ottoman civil code (see footnote).[4]Sources for the IEA’s defence lawyer entrance exam include: Al Aqidah Al-Tahawiyyah (The Creed of Imam al-Tahawi); Majallat al-Ahkam al-Adliyyah (Manual of Legal Rulings). … Continue reading

Lawyers said all this made the exam far more difficult than previously, particularly for those who had graduated in law, rather than sharia. Under the Republic, the bar exams mostly concerned the enacted laws, such as the Penal Code, Criminal Procedure Code, Constitution and various civil regulations. Now, lawyers told AAN, most questions are extracted directly from Hanafi fiqh texts in Arabic. This has made it particularly difficult for those graduating from the Faculty of Law and Political Science, as many of them are unfamiliar with the content of these books and cannot easily read Arabic texts, let alone interpret them. That knowledge of fiqh and specialised classical Arabic is now required means that many lawyers who register for the exam fail, including those who had previously passed under the Republic, as this defence lawyer told AAN:

Previously, during the Republic, there was an exam conducted by the Defence Lawyer’s Association, but it was structured like a competitive exam with multiple-choice questions, making it manageable for any student of law and sharia to solve. Now, there is a ten-member examination commission which sits behind a desk and every lawyer enters on their own and sits alone in a chair. The commission members ask ten questions and each question must be answered in a detailed manner. The questions can be about [any of the] many different sections of the selected books, which is very challenging. Sometimes, one can feel overwhelmed by the pressure.

Another defence lawyer who practiced under the Republic said: “I took the exam twice. The first time I went, I was daunted by the examination committee and was unfamiliar with their method of examination, so I failed. The second time, I was prepared and succeeded.”

The new system: concentrated judicial power

Obtaining a licence is only the first hurdle for defence lawyers. The Emirate made sweeping changes to how investigations and courts function, with power centralised in multiple ways. Almost all Republic-era judges were dismissed, with some forced to leave the country (AAN pp36-7), NYT, Guardian). Given the Taliban movement’s concern from its very earliest beginnings with the administration of justice, as well as a view that the Republic’s courts were financially or spiritually corrupt, this mass sacking was hardly surprisingly. However, men and women with years of experience and professional training were replaced by a very different cohort – men only, who were largely Taliban or Taliban-affiliated, some who had served as judges in Taliban-controlled areas during the Republic and others with general religious training, rather than specific legal qualifications (Hasht-e Sobh, Rawadari).

The Emirate also collapsed the separation of powers between the Supreme Court, the Office of the Attorney General (AGO), the Ministry of Justice and the security forces. A decree was issued in July 2023 which turned the Office of the Attorney General into the High Directorate for the Supervision and Prosecution of Decrees and Edicts. Spokesman for the Islamic Emirate Zabihullah Mujahed said the aim was to ensure the implementation of the orders and directives of the leadership (Tolo). The reorganisation also blurred functions, with some investigative powers transferred to the courts and some to the General Directorate of Intelligence (GDI).[5]In July 2023 decree, reported ToloNews, “some of the AGO’s duties have been given to the courts and intelligence services.” According to interviewees for an AAN report on … Continue reading

Despite the 2022 Defence Lawyers’ Coordination Procedure recognising an individual’s right to appoint a defence lawyer, there is no clarity about the lawyer’s right to do many of the things that make him useful to that individual, from reviewing case files to making arguments before a judge. This leaves the door open for judicial overreach and undermines a core safeguard of a fair trial, particularly when combined with other moves away from fair trial principles, such as the right to remain silent, and the emphasis on confessions over investigations and evidence. Defence lawyer Abdullah told AAN:

Currently, there’s no existing law to defend lawyers. The procedures that have been established are only on paper and have no practical application. We can almost say that the independent judicial system in Afghanistan has disappeared, and those who’ve only received basic religious education have replaced the professional individuals who were part of the Republic. The muftis, who have been appointed by the Supreme Court, provide advice to judges – sometimes exceeding their role. They are involved not only in pre-trial processes, including investigation, but also in advising on sentencing decisions, and judges widely follow their advice.

Judges in this new system have huge discretionary power. Abdullah told AAN that there is now no effective limit to the jurisdiction of judicial institutions: “This has led to widespread disorder and chaos, violations of the principles of fair trial, and violations of human rights.”

There are also practical challenges, given the weak legal framework that defence lawyers now work within. Mirwais, a defence lawyer and legal expert, said that without the necessary legal clarity, the government, the courts and ultimately the system will unravel: “The work of urban courts in particular are progressing slowly, which creates backlogs. Although many individuals have been arrested and imprisoned in criminal and political cases, their dossiers hadn’t been reviewed, while the accused are held in pre-trial detention in prisons.”

Lawyering without clear law

A prominent concern among the defence lawyers interviewed was the uncertainty and ambiguity of the legal framework. The Emirate annulled the constitution and all legal texts prior to August 2021, making sharia the foundation of the country’s law (Ministry of Justice, UNAMA). In July 2025, Abdul Hakim Sharai, the Minister of Justice of the Islamic Emirate, announced that “the Holy Quran and the Prophet’s Sunna,” along with reliable Hanafi jurisprudence sources, form the basis of all government laws (Afghanistan International). In December 2025, Khalid Hanafi, the Minister for the Promotion of Virtue and Prevention of Vice, stated that laws enacted and implemented by the Islamic Emirate are based on “divine commandments,” with no place for man-made laws (Hast-e Subh)

Lawyers interviewed by AAN expressed concern about the diminished scope of codified law, which should underpin a criminal justice system. Emirate courts rely on religious sources which were, on the one hand, written several centuries ago, and on the other hand, subject to extensive jurisprudential differences, something which is rarely acknowledged. Ataullah, a defence lawyer in Kabul also said that, “The judges’ decision-making is also largely dependent on their personal ijtihad [Islamic interpretation, usually by an Islamic scholar] and religious opinion.”

During the Republic, defence lawyers relied on a comprehensive set of laws to defend their clients. Under the Emirate, several lawyers interviewed said that they cannot challenge a judge’s statements because they lack the familiarity or authority to question religious matters or jurisprudence and that within the new structure of the court, their role is marginalised. Ataullah said:

In the Republic, defence lawyers had access to the established laws of the country, and their responsibilities, authority, and significance were clearly defined within those laws. They could easily use these legal frameworks to advocate for their clients. However, in the current Emirate system, many previous laws have been annulled, and there is a lack of a comprehensive legal code.

Abdullah points out that in Hanafi jurisprudence, the range and divergence of sources “causes confusion for the courts and litigants.” He explained:[6]Fatawa-ye Kamiliyah is a set of jurisprudential rulings and issues according to the Hanafi school, typically serving as an easy, comprehensive, and concise reference for everyday matters, … Continue reading

For example, the plaintiff sees a ruling in Majallat al-Ahkam al-Adliyyah in his favour and cites it, the defendant sees a ruling in his favour in Fatawa-e Kamiliyah and rejects [the plaintiff’s claim]. In the meantime, the judge has also issued a ruling based on [his] rejection of al-Muhtar or Badai al-Sanai. If the ruling is appealed, in the second court, the judge’s opinion is likely to be different. There is no set framework for the judge as to which ruling and opinion to follow.

The experience of lawyers in Emirate courts

Lawyers told AAN that they experienced a lot of hostility from judges in court, whom they said often act with bias, do not allow defence lawyers to defend their clients or even speak during hearings. If a lawyer objects to a judge’s ruling, Taliban judges might consider this an insult to themselves or their Islamic knowledge, putting the lawyer at risk of threats, violence and even imprisonment. Defence lawyers, who were interviewed, said that judges have dismissed them as ‘uneducated’ and disregarded their arguments. A 2023 report by the human rights group, Rawadari, found that the treatment of defence lawyers varied around the country, with judges sometimes viewing their involvement as “interference in the judicial process,” and as “endorsing criminals, thereby going against religious and Islamic values.”The defence lawyer Ataullah described his experience in court:

The courts and judges of the Emirate do not care about the [accused’s] right of access to a defence lawyer and judges in several courts find this principle alien to the judicial process. Some Emirate judges do not accept the role of defence lawyers, but see it as interference in their work.

This, he says, has practical ramifications for lawyers’ access: “Most of the defence lawyers in legal, commercial and civil cases can prepare a defence for their clients, but do not have the right to attend judicial sessions and are not even allowed to access their clients’ documents in the courts.” Abdullah says the disrespect comes from court officials and judges alike:

The judges of the Islamic Emirate do not attach any special importance to defence lawyers, as they should… There is no distinction between an ordinary individual and a defence lawyer. Even though we, as defence lawyers, possess a license and ID card issued by the Ministry of Justice, which should allow us to enter courts and government offices without being stopped, the reality is different. We are treated just like ordinary individuals who go to the courts and wait in line for hours to gain entry.

Mirwais told AAN that he was imprisoned by a judge after having made a successful argument in court:

During one of my client’s trials, I had a debate with the judge and I refuted his ruling, citing sharia evidence. An appeal court also overturned the verdict of the first court. Instead of accepting this, the primary court judge called his soldier or bodyguard and said, “Take the lawyer and detain him.” I was detained for two days in the judge’s personal detention cell within the court.

News reports also confirm that individual defence lawyers have been detained by IEA security forces, with family members of lawyers sometimes facing threats or arrest (see for example, reports about arrests in Kabul, Panjshir and Paktia in, respectively, Radio Azadi, Hasht-e Sobh and Afghanistan International).

Mirwais added, “Judges of the Islamic Emirate do not view lawyers positively. Their behaviour is not based on professional respect, even though all lawyers are licensed by the Ministry of Justice and are currently practising. Instead, they tend to look at them with hostility, not as colleagues.” Similarly, another defence lawyer Zubair currently based in Mazar-e Sharif said: “Defence lawyers can only answer the judges’ questions, and then only very briefly. They are not given time to present their arguments.” Ataullah also complained that defence lawyers are also no longer able to access clients’ case files, which are key to being able to develop a good understanding of the charges against them:

Under the previous law governing defence lawyers, we had the right to access all case documents and could even keep copies. Currently, however, they are restricted from accessing case files and must rely on verbal accounts from defendants or complainants to prepare their cases.

Zubair highlighted additional challenges that defense lawyers face, such as a preference by judges for the client to be present at hearings and give their own statement to the court, rather than allowing the defence lawyer to speak on their behalf. Unlike the previous system, defence lawyers lack the freedom to express opinions and defend clients’ rights, with the immunity previously granted to them revoked.

There was consensus among interviewees that the behaviour of judges towards defence lawyers was frequently unprofessional. This is despite an assurance from Minister of Justice Abdul Hakim Sharayi in February 2023 that the independence of defence lawyers should be respected and they should be free from pressure (ToloNews). In practice, defence lawyers report poor treatment in the courts of the Emirate that prevents them from properly representing their clients.

Female defence lawyers

General Emirate restrictions on women’s employment and travel have been devastating for female defence lawyers, judges and prosectors, as well as female clients. This section will focus on the impact of these restrictions on female defence lawyers and their response, before considering wider effects on the justice sector, particularly for women.

Female lawyers have been almost entirely excluded from the courts of the Islamic Emirate, with most refused licences and women-led legal services blocked from re-registering as NGOs. A small number of women have been permitted to work on a limited number of cases, according to a 2025 report by Strategic Advocacy for Women’s Rights (SAHR) and the international Muslim women’s legal rights organisation, Musawah, which found that female lawyers got permission to work on criminal and civil cases outside courts in only nine provinces, and that only a few were permitted to legally represent clients in courts (p11).

According to Freshta, a defence lawyer who is currently unemployed and restricted to her home, “many female defence lawyers were the family’s breadwinners and are now unemployed and struggling financially.” She said that some women who previously worked as defence lawyers fear attack and live in hiding, too scared even to remain in their own homes. She said she had relocated multiple times in the four years since the Emirate came to power because of threats against her family from local IEA officials and those she previously opposed in court, an experience echoed in media reporting (DW and Hasht-e Subh). Another female defence lawyer, Selsela who is also now stuck at home without work, told AAN that most female defence lawyers had migrated abroad, while those who remained in the country were struggling. Her law office, which was her only source of income, was closed.

Women who were refused a licence by the Ministry of Justice face financial problems and psychological distress, according to AAN interviewees and news reports (Index on Censorship and Radio Azadi). A joint call in 2023 from UN-appointed independent human rights experts legal called on the Taliban to “immediately reverse” the exclusion of women from the legal system and other discriminatory practices. The Emirate has tended to ignore such demands, or defend their policies as domestic or religious affairs. For example, in 2022, the General Director of Research and Studies at the Supreme Court, Hezbullah Ibrahimi, defended the dismissal of female judges at a press conference (Salam Watandar):

Female judges did not have complete knowledge of jurisprudence and sharia, and they could not solve problems based on Hanafi jurisprudence. Another reason is the hijab; in the previous system, the hijab was not properly observed. For this reason, the environment is not conducive for them to be appointed and carry out their work.

In 2023, Zabihullah Mujahed said the restriction on women’s employment was a domestic matter and that all parties should respect this (Afghanistan international). Spokesman for the Ministry of Justice Ansarullah Ibrahimkhel told Salam Watandar in July 2023, however, that, “The issue of women’s employment and education in government institutions has not yet been clarified.” (There has been no subsequent indication of any liberalisation of women’s employment rights.)

Despite the restrictions, female lawyers have been able to find some limited avenues to offer legal support. This includes making use of wasiqa khat, where someone can be accompanied to court, but more as a companion than advocate. They do not have the legal rights of lawyers to review case files or have an audience before the judge – although male defence lawyers also reported they may not be able to exercise that right either (see the previously cited SAHR and Musawah report, p11). One interviewee told AAN that women acting as wasiqa khat had to tread a fine line, restricting their role to being a ‘well-informed’ companion and trying not to reveal the depths of their legal knowledge.

The wasiqa khat, or companion role, is not the same as wakalat khat, or power of attorney, which a female lawyer in Mazar, Nargis, who was refused her licence and lost her law office, said she had been given, to represent a family member. However, she was not allowed to speak in court.

I received a power of attorney form for an issue that occurred in my family, so I’m going ahead with that case. However, I face serious challenges just processing the documentation in the courts. The first condition is that I must have a mahram (close male relative) with me. Without one, I’m not permitted to enter the court to process the documents. In court sessions, I’m not allowed to speak. Instead, I prepare all the documents and submit them to the judge, who makes a ruling based on those documents.

Male lawyers interviewed confirmed her experience. Ataullah said that what little space female lawyers had managed to carve out for themselves was decreasing:

Female lawyers can only pursue family-related cases and are not allowed to choose any case they wish. In family cases, female lawyers face numerous challenges. … Judges don’t grant permission for them to speak freely; instead, they must submit written statements regarding their cases. … These restrictions leave many female lawyers disheartened and they stop pursuing cases. Although in the early years of the Emirate, some female lawyers were able to take on cases, their presence has diminished significantly in recent years.

Female lawyers also provide mediation support, trying to de-escalate problems, without the need to involve the courts. One interviewee explained that this has long been a tool of legal assistance for family mediation, but it is even more useful now that women are rarely allowed to be present in court, as well as in situations where the loyalties of a potential mahram are not clear.

Female lawyers inside Afghanistan and in exile also spoke of providing back-end support to male lawyers, such as preparing legal arguments and submissions. Humaira Rasuli, a human rights lawyer who is now in exile, said she provides support to male lawyers, generally pro bono. This is not ideal, she said, noting that some of the male lawyers that female lawyers try to support “can sometimes have attitudes that aren’t so different from the Taliban.” She cited an example of a victim of sexual violence, who was subjected to harsh condemnation from a male lawyer who was meant to be representing her.

Female lawyers interviewed note some success in defending clients on the basis of Islamic protections, particularly by using the Emirate’s Decree Concerning Women’s Rights (83/vol1), from 2 December 2021 (see AAN’s list of translated decrees, p31). This makes clear the principle of women’s consent, for example, which has been successfully used to prevent forced marriages. Similarly, the Islamic principle that a man with more than one wife needs to treat each woman equitably has also been used to defend women’s rights to childcare, alimony and consent to additional marriages.

Rasuli notes that the challenges faced by women do not only come from the Emirate: she says donors are reluctant to support legal aid services provided by women. This includes mediation work, because “donors fear that engaging with the justice system might legitimise the Taliban.” She says this is short-sighted, given the “equitable principles within Islamic law” that women lawyers have been using for years, including under the Republic. “The problem is not Islamic law itself,” she said. “Ignoring or rejecting Islamic legal tools, dismissing the creativity and resilience of Afghan women who use faith-based arguments to defend women’s rights is a mistake.”

Selsela said that the underlying problem is less with the legal framework than the Emirate’s insistence on segregation: “The Taliban don’t allow men and women to work together. However, when female defence lawyers attend court to represent their clients, men are also present there.” While this continues, it seems likely that women will continue to be excluded from the judicial system to the detriment not only of female lawyers and the sacked female prosecutors and judges, but also for women seeking to access justice as victims or complainants.

Restrictions on women’s access to justice

There have long been cultural barriers to women’s access to justice. Many women, due to their own or their family’s beliefs, would find it hard to consult a male defence lawyer on any matter. Discussing the sensitive details of a case can be unthinkable. Those male lawyers, too, may have also hold prejudices against women. These deeply ingrained social norms are slow to shift, even as, under the Republic, access to female lawyers, mediators and legal aid grew. While many new legal tools and pathways were created for women, at least in urban areas, in practice, improvements in women’s access to justice were slow.[7]See for example, Mehdi J Hakimi: Elusive Justice: Reflections on the Tenth Anniversary of Afghanistan’s Law on Elimination of Violence Against Women, Northwestern Journal of Human Rights, … Continue reading

The movement under the IEA, however, has gone into sharp reverse, with conservative cultural barriers reinforced and intensified by the IEA’s deeply discriminatory policies. The UN reported in March 2026 that women were four times less likely to approach formal justice mechanisms than men, with more than half the women that the UN consulted reporting a deterioration in access over the past year. They cite the lack of female professionals, as well as the loss of women-centred justice services and institutions.

The impact of barring female lawyers was mentioned by multiple interviewees, including the defence lawyer Ataullah: “In some cases of domestic violence, women find it difficult to convey their personal stories fully to a male lawyer. However, they feel it is preferable and easier to share their issues and case details with a female lawyer.”

The legal vacuum for women can exacerbate family violence. A 2023 report by Salam Watandar found that restrictions on women’s access to basic rights and legal services have increased their vulnerability to domestic violence, leading to greater isolation, depression and suicidal thoughts. There was a similar finding from Hasht-e Subh in 2025, which reported that the absence of legal or judicial support enables an environment of intimidation and aggression among men. Some women experiencing domestic violence cited the lack of responsive legal institutions addressing their rights as a key factor in the escalating the violence they faced both at home and in society.

Interviewees told AAN that when women visit courts, they are treated with badly. In some cases, their cases are not reviewed, remain suspended, or are decided in favour of men. Freshta, a defence lawyer in the Republic era, has witnessed cases of mistreatment of women in courts for the past four years:

There is a woman whose case is currently active; it’s a case of divorce from her husband. However, the head of the court treats her very badly. He told her: “You were and are a corrupt woman that wants to separate from your husband,” and every day, under various pretexts, he postpones her case.

Nargis, who has found ways of continuing some of her work, said that under the IEA: “in a number of cases, women whose husbands have three or four wives, have requested a separation due to a problem with their husbands, but the court has asked them to withdraw their lawsuit.” She said, “If a woman has a problem with her husband and wants to separate from her husband, the court tells her, “Come on. He is your husband and you both have children. Go and get along with him.’”

She says that in multiple cases where women have filed cases of violations, their cases have not been reviewed, leaving them vulnerable to further mistreatment. “Because women are not provided with any protection,” she said, “and cannot present their cases in court to have them examined, and due to the neglect of these cases by judicial and legal institutions, women are forced to endure violence and cannot go to any organisation for seeking justice.”

The right to defence is a fundamental criterion for a fair trial, which includes the right to legal counsel to defend their rights. For women, this is rarely observed, given the degree of women’s exclusion from courts, the dismantling of institutions and laws designed to protect women, as well as the mahram requirement and antagonistic atmosphere for women in courts and other legal institutions. The combined effect on women of the Emirate’s reforms to the legal and judicial architecture has been described by the UN Special Rapporteur, Richard Bennett, as “a mechanism for subjugation.”

Conclusion

…the piece continues at the source.