DEC12-07312024-3

Expression, Gender Equality, Justice & Fair Trial, Liberty & Security, Minority Rights, Non-Discrimination, Personal Autonomy, Religion & Belief, PVPV
31, July 2024

Decree

Articles 1-3 of PVPV Law formally establishes a religious enforcement regime under Taliban leadership, defining virtue and vice by Hanafi Sharia and empowering officials to monitor and punish behavior.

Decree Translation

Law of Promotion of Virtue and Prevention of Vices
Introduction Foundation
Article One: This law is based on Decree (9) dated 19 March 2023, which corresponds to 2 August 2024, issued by the Supreme Aamirulmominen, may Allah the Almighty preserve him.

Objectives

Article Two: The objectives of this law are: 1. To regulate matters related to commanding the promotion of virtue and prevention of vices. 2. To regulate matters concerning the duties and authority of the overseers (Muhtasib).

Terminology
Article Three: The following terms in this law are defined as follows:

1. Accountability (Ihtisab): The act of commanding the promotion of virtue and prevention of vices in accordance with Sharia and this law by an overseer.

2. Overseer (Muhtasib): An individual appointed by the Supreme Aamirulmominen, may Allah the Almighty preserve him, or by someone authorized by Aamirulmominen, to carry out the duties of accountability.

3. Subject of Accountability (Muhtasib Fih): Anything in which accountability is exercised by the overseer.

4. Good (Ma'roof, Subject of Accountability): A statement or action deemed good by Sharia.

5. Promotion of virtues (Amr Bil Ma'roof): Directing adherence to the teachings of the Messenger of Allah, peace be upon him, and following Sharia.

6. Vices (Munkar, Subject of Accountability): A statement or action considered bad by Sharia.

7. Prevention of vices (Nahi Anil Munkar): Preventing the commission of evil acts.

8. Subject of Accountability against (Muhtasib Alayh): An individual who is commanded to do good and prevented from committing evil by the overseer.

9. Disciplinary Action (Ta'zir): A punishment administered by the overseer in accordance with Sharia and this law for public commission of evil, in the context of the rights of Allah.

10. Islamic Hijab: Clothing that covers the entire body and face of a woman from non-mahrams, and is not thin, short, or tight.

Notes on Decree

The foundational articles of the Law of Promotion of Virtue and Prevention of Vices establish a comprehensive religious-legal infrastructure directly authorized by the Taliban Supreme Leader. By defining the role of the Muhtasib (religious enforcer), the law formalizes a parallel legal authority that operates based on subjective Sharia interpretations, independent of judicial due process. Key terms such as "good," "vice," and "disciplinary action" are anchored in unspecified religious criteria, enabling broad and discretionary enforcement. The institutionalization of Islamic hijab, defined as full-body and face covering, embeds gender-based restrictions directly into law. This legal framework effectively criminalizes nonconformity to Taliban religious ideology and sets the stage for widespread violations of freedom of religion, gender equality, and due process protections.

Sources

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Decree Stats