DEC12-07312024-5

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

Decree

Articles 9-12 PVPV of Law empowers state-appointed overseers to enforce moral codes through public surveillance and non-judicial interventions.

Decree Translation

Law of Promotion of Virtue and Prevention of Vices
Chapter One Conditions, Etiquettes, Manners and Principles Related to the Overseer (Muhtasib), Muhtasib feh, Muhtaseb alyehe.

Conditions and Characteristics of the Overseer

Article Nine:
(1) An individual appointed as an overseer must meet the following conditions:
1. Be a Muslim.
2. Have reached legal maturity (sound mind and adulthood).
3. Possess knowledge of the Sharia rulings that pertain to commanding or forbidding.
4. Have a predominant belief that changing evil will result in its removal and that promotion of good will be beneficial and impactful.
5. Be just.
6. Have the authority to command and forbid.

(2) An individual acting as an overseer should possess the following qualities:
1. Be committed to good actions and avoid all forms of evil.
2. be sincere (not seeking to show off, gain worldly benefit, or seek the admiration of others).
3. be kind.
4. be patient and tolerant.

Etiquettes and Principles Related to the Overseer and Accountability
Article Ten: The etiquettes and principles for the overseer and accountability are as follows:
1. Respect the dignity and humanity of every individual and interact with them courteously while promotion of good and forbidding vice.
2. Prevent an evil that is observed directly.
3. Prevent an evil that is heard about.
4. Avoid exposing individuals' hidden sins, spying, or intruding into their private matters while
commanding good and forbidding evil, unless permitted by Islamic Sharia.
5. Prevent an evil if it is confirmed by the testimony of two reliable witnesses.
6. Prevent evil in a manner that does not lead to equal or greater evil.
7. Maintain justice and avoid discrimination while establishing good and removing evil.
8. Prioritize what is more important while commanding good and forbidding evil.
9. Make the individual aware of the gravity of their sinful actions.
10. Offer advice and counsel gently.
11. Physical intervention is only permissible if there is no fear of causing a greater harm.

Conditions Related to the Subject of (Muhtasib Alyehe)
Article Eleven:
(1) The conditions related to the subject of Muhtasib Alyehe are: 1. Engaging in an evil act that should be avoided according to Sharia. 2. Neglecting a good act that should be performed according to Sharia.
(2) Commanding good and forbidding evil by the overseer is obligatory when the conditions mentioned in paragraph (1) of this article are present in the subject of accountability.

Conditions Related to the Subject of Accountability (Muhtasib Fihe)

Article Twelve: Conditions related to the subject of (Muhtasib Fihe) are: 1. The subject of accountability or its prerequisites must currently exist. 2. The subject of accountability must be apparent without the need for spying, such that the overseer can see or hear it, or receive reliable information according to the provisions of this law. 3. The evil must be manifest (not requiring investigation to be confirmed).

Notes on Decree

Articles 9–12 establish the legal infrastructure and operational rules for the Taliban’s “overseers” (muhtasibs), effectively authorizing state-sanctioned religious policing. While the text includes language about justice, kindness, and avoiding greater harm, it simultaneously legalizes moral surveillance, arbitrary intervention, and the enforcement of personal religious behavior. These provisions bypass judicial process by allowing punishment based on observation, hearsay, or even belief in presumed benefit. The requirement that overseers act on visible or reported “evils” creates a legal foundation for neighborhood-level spying, suppression of privacy, and gender-based control. This section also codifies a lack of distinction between public governance and religious coercion, raising significant concerns under international law regarding due process, religious freedom, and bodily autonomy.

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