BBCThere’s a younger girl sheltering beneath a tree between two busy roads clutching a pile of paperwork to her chest.
These items of paper are extra necessary to Bibi Nazdana than something on the planet: they’re the divorce granted to her after a two-year court docket battle to free herself from life as a toddler bride.
They’re the identical papers a Taliban court docket has invalidated – a sufferer of the group’s hardline interpretation on Sharia (spiritual regulation) which has seen girls successfully silenced in Afghanistan’s authorized system.
Nazdana’s divorce is considered one of tens of 1000’s of court docket rulings revoked because the Taliban took management of the nation three years in the past this month.
It took simply 10 days from them sweeping into the capital, Kabul, for the person she was promised to at seven to ask the courts to overturn the divorce ruling she had fought so onerous for.
Hekmatullah had initially appeared to demand his spouse when Nazdana was 15. It was eight years since her father had agreed to what’s generally known as a ‘unhealthy marriage’, which seeks to show a household “enemy” right into a “good friend”.
She instantly approached the court docket – then working beneath the US-backed Afghan authorities – for a separation, repeatedly telling them she couldn’t marry the farmer, now in his 20s. It took two years, however lastly a ruling was made in her favour: “The court docket congratulated me and mentioned, ‘You at the moment are separated and free to marry whomever you need.'”
However after Hekmatullah appealed the ruling in 2021, Nazdana was informed she wouldn’t be allowed to plead her personal case in individual.
“On the court docket, the Taliban informed me I should not return to court docket as a result of it was in opposition to Sharia. They mentioned my brother ought to characterize me as an alternative,” says Nazdana.
“They informed us if we did not comply,” says Shams, Nazdana’s 28-year-old brother, “they’d hand my sister over to him (Hekmatullah) by drive.”
Her former husband, and now a newly signed up member of the Taliban, gained the case. Shams’ makes an attempt to elucidate to the court docket of their residence province of Uruzgan that her life can be at risk fell on deaf ears.
The siblings determined that they had been left with no selection however to flee.
When the Taliban returned to energy three years in the past, they promised to eliminate the corruption of the previous and ship “justice” beneath Sharia, a model of Islamic regulation.
Since then, the Taliban say they’ve checked out some 355,000 instances.
Most have been legal instances – an estimated 40% are disputes over land and an additional 30% are household points together with divorce, like Nazdana’s.
Nazdana’s divorce ruling was dug out after the BBC bought unique entry to the again workplaces of the Supreme Court docket within the capital, Kabul.
Abdulwahid Haqani – media officer for Afghanistan’s Supreme Court docket – confirms the ruling in favour of Hekmatullah, saying it was not legitimate as a result of he “wasn’t current”.
“The earlier corrupt administration’s choice to cancel Hekmatullah and Nazdana’s marriage was in opposition to the Sharia and guidelines of marriage,” he explains.
However the guarantees to reform the justice system have gone additional than merely reopening settled instances.
The Taliban have additionally systematically eliminated all judges – each female and male – and changed them with individuals who supported their hardline views.
Girls have been additionally declared unfit to take part within the judicial system.
“Girls aren’t certified or capable of choose as a result of in our Sharia rules the judiciary work requires individuals with excessive intelligence,” says Abdulrahim Rashid, director of overseas relations and communications at Taliban’s Supreme Court docket.
For the ladies who labored within the system, the loss is felt closely – and never only for themselves.
Former Supreme Court docket choose Fawzia Amini – who fled the nation after the Taliban returned – says there may be little hope for girls’s protections to enhance beneath the regulation if there aren’t any girls within the courts.
“We performed an necessary position,” she says. “For instance, the Elimination of Violence in opposition to Girls regulation in 2009 was considered one of our achievements. We additionally labored on the regulation of shelters for girls, orphan guardianship and the anti-human trafficking regulation, to call just a few.”
She additionally rubbishes the Taliban overturning earlier rulings, like Nazdana’s.
“If a girl divorces her husband and the court docket paperwork can be found as proof then that is closing. Authorized verdicts cannot change as a result of a regime adjustments,” says Ms Amini.
“Our civil code is greater than half a century outdated,” she provides. “It has been practised since even earlier than the Taliban have been based.
“All civil and penal codes, together with these for divorce, have been tailored from the Quran.”
However the Taliban say Afghanistan’s former rulers merely weren’t Islamic sufficient.
As a substitute, they largely depend on Hanafi Fiqh (jurisprudence) spiritual regulation, which dates again to the eighth Century – albeit up to date to “meet the present wants”, in accordance with Abdulrahim Rashid.
“The previous courts made choices based mostly on a penal and civil code. However now all choices are based mostly on Sharia [Islamic law],” he provides, proudly gesturing on the pile of instances they’ve already sorted by means of.
Ms Amini is much less impressed by the plans for Afghanistan’s authorized system going ahead.
“I’ve a query for the Taliban. Did their dad and mom marry based mostly on these legal guidelines or based mostly on the legal guidelines that their sons are going to put in writing?” she asks.
Underneath the tree between two roads in an unnamed neighbouring nation, none of that is any consolation to Nazdana.
Now simply 20, she has been right here for a 12 months, clutching her divorce papers and hoping somebody will assist her.
“I’ve knocked on many doorways asking for assist, together with the UN, however no-one has heard my voice,” she says.
“The place is the assist? Do not I deserve freedom as a girl?”
