There are no Shiite judges in the judicial system of the Afghan government

The human rights monitoring organization known as “Tolerance” has announced by publishing a report that the acting government has removed all the Shia judges and currently there is no Shia person in the judicial system and judges of Afghanistan.

Today (Monday, 15th of Gemini), Ravadari has published a report on the status of access to justice in the judicial system of the caretaker government.

In this detailed report, the status of access of Afghan Shiites to the courts of the caretaker government has been discussed.

It is stated in the report that with the dominance of the caretaker government in Afghanistan, all Shiite judges have been removed from their duties and currently there are no Shiites in the courts of the current government.

It is worth mentioning that the caretaker government after its domination of Afghanistan canceled the “personal status” law of the Shiites and currently civil lawsuits and personal status of Shiites are settled based on Hanafi jurisprudence.

The tolerance organization has emphasized that its findings show that the courts of the caretaker government act in a discriminatory manner in cases where one side of the lawsuit is the Shia religion.

According to the report, the court of the current government in Herat province has decided the ownership lawsuit between Shias and Sunnis in the “Government House” area of Herat city in favor of the followers of the Hanafi religion, while the Shias have been using this mosque for many years.

In the following, it is stated that currently the Shiites of Afghanistan have less trust in the courts of the caretaker government, and especially in legal cases and personal situations, they refer to non-judicial mechanisms, including ethnic jirgas and mosque clerics.

It is also stated in a part of the report that in general, access to justice in the judicial system of the Afghan government is difficult.

The human rights monitoring body known as “Tolerance” added: “Access to justice in a judicial system that does not have any laws and regulations to regulate duties and determine the limits of its competences and powers is difficult and perhaps impossible.”

At the same time, this institution reports the absence of a Shia judge in the Supreme Court, that with the caretaker government’s dominance over Afghanistan, they have always imposed restrictions against religious minorities, especially the Shia religion and the Hazara people.

In the latest case, not long ago, the Ministry of Higher Education of the caretaker government rejected the request of the Afghan Shia Ulema Council to include Jafari jurisprudence in the educational curriculum of the country’s universities.

The Ministry of Higher Education said: “The demand of the Shiite Ulema Council is not practical because a single system requires a single quorum and a single law.”

This is despite the fact that the government of Iran had previously called for the establishment of an all-inclusive government with the presence of all ethnic groups in Afghanistan, but the caretaker government says that their government is all-inclusive.

After nearly two years have passed since the current government dominated Afghanistan, no country has recognized them so far.