Summary Paragraph: Converts from Islam to other religions reported they continued to fear punishment from the government as well as reprisals from family and society; however, there were no reported prosecutions for apostasy or blasphemy. According to the Hindu and Sikh communities, their members continued to avoid settling disputes in the courts due to fear of retaliation and instead settled disputes through community councils or mediation. Representatives of minority religious groups reported a continued failure by the courts to grant non-Muslims the same rights as Muslims. A small number of Sikhs and Hindus continued to serve in government positions. On June 25, the president invited Sikh and Hindu leaders to the presidential palace for a dialogue on the importance of these minority religious communities and their long-standing presence and valuable contributions to the country. Although some Shia continued to hold senior positions in the government, Shia leaders continued to assert the proportion of official positions held by Shia did not reflect their estimate of the country’s demographics. Sunni members of the Ulema Council continued to assert, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population. Observers stated that these debates were often about ethnicity as much as religion.
As in the previous three years, there were no reports of government prosecutions for blasphemy or apostasy during the year; however, individuals converting from Islam reported they continued to risk annulment of their marriages, rejection by their families and communities, loss of employment, and possibly the death penalty. Bahais continued to be labeled as “infidels,” although they were not considered to be converts; as such, they were not charged with either crime. There was no new information available about an individual who had been given a 20-year prison sentence for blasphemy in 2013.
MOHRA remained responsible for managing Hajj and Umrah pilgrimages, revenue collection for religious activities, acquisition of property for religious purposes, issuance of fatwas, educational testing of imams, sermon preparation and distribution for government-supported mosques, and raising public awareness of religious issues. The government again allowed both Sunnis and Shia to go on pilgrimages, with no quota on either group. It charged fees for Hajj participants to cover transportation, food, accommodation, and other expenses. MOHRA also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it did not collect any revenue for or from non-Muslims. Ahmadi Muslims reported they chose not to interact with MOHRA because they feared MOHRA would deem them non-Muslims and forbid them from participating in the Hajj.
MOHRA reported 4,589 mullahs were registered at year’s end who worked directly for MOHRA, of approximately 160,000 mullahs in the country. These mullahs continued to receive an average monthly salary of 10,000 AFN ($140) from the government. Mullahs applying to be prayer leaders in MOHRA-registered mosques continued to have to hold at least a high school diploma, although a bachelor’s degree or equivalent verified by the Ministry of Higher Education was preferred. MOHRA reported approximately 5,000 of the estimated 160,000 mosques in the country were registered, including the registration of an additional 700 mosques during the year. According to MOHRA, the ministry lacked the financial resources to create a comprehensive registry of mullahs and mosques in the country.
MOHRA reported it continued to allocate a portion of its budget for the construction of new mosques, although local groups remained the source of most of the funds for the new mosques. Unless the local groups requested financial or other assistance from the ministry, they were not required to inform the ministry about the new construction.
Hindu and Sikh groups reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law punishing conversion, the government continued not to allow them to proselytize. They said their community members continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property. On June 25, the President Ashraf Ghani convened a meeting with Sikh and Hindu leaders for a dialogue about their situation and to recognize their long-standing presence in and contributions to the country.
Although the government had provided land to use as cremation sites, Sikh leaders stated the distance from any major urban area and the lack of security in the region continued to make the land unusable. Hindus and Sikhs reported continued interference in their efforts to cremate the remains of their dead from individuals who lived near the cremation sites. In response, the government continued to provide police support to protect the Sikh and Hindu communities while they performed their cremation rituals. The government promised to construct modern crematories for the Sikh and Hindu populations.
MOHRA reported there were 4,093 registered madrassahs and “Quran learning centers” throughout the country. There were 152 registered madrassahs in Kabul, with the remaining 3,941 spread throughout the provinces and other cities. While the government registered some madrassahs during the year, it did not report how many. More than 370,000 students were enrolled in the madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to the latest available estimate.
The registration process for madrassahs continued to require a school to demonstrate it had suitable buildings, classrooms, accredited teachers, and dorms if students lived on campus. MOHRA continued to register madrassahs co-located with mosques, while the MOE continued to register madrassahs not associated with mosques. In MOHRA-run madrassahs, students received individual instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allowed students to pursue higher education at government universities.
MOHRA could not estimate the number of unregistered madrassahs but stated it estimated registered madrassahs “far outnumbered” unregistered madrassahs. The MOE was authorized to close unregistered madrassahs, but ministry officials again said it remained nearly impossible to close any due to local sensitivities. According to ministry officials, no madrassahs were closed during the year due to the potential for negative societal repercussions. Ministry officials said the government continued its efforts to raise awareness of the benefits of registering madrassahs, including recognition of graduation certificates and financial and material assistance, such as furniture or stationery.
Mosques continued to handle primary-level religious studies. Eighty MOE-registered madrassahs offered two-year degree programs at the secondary level. A total of 1,200 public and 200 private madrassahs were registered with the MOE.
According to government authorities, the government continued to monitor financial assistance to madrassahs by requiring registered madrassahs to route private or international donations through the MOE. The authorities said the MOE seldom imposed a ban on a madrassah for failing to comply with this requirement. They also said the continuing tendency of donors to make cash donations directly to the madrassahs made it difficult for the government to track funds coming from private sources or abroad. Despite this, the government’s efforts to solicit donations from other Muslim countries and from private individuals continued. The MOE reportedly continued to require the accreditation of independent madrassahs and disclosure of their funding sources.
The MOE’s Department of Islamic Education continued to provide a standardized curriculum for registered madrassahs. This curriculum required 60 percent of the subjects taught in madrassahs to be religious in nature, while the other 40 percent consisted of mathematics, history, geography, and Dari literature.
A government-sponsored school for Sikh children continued to operate in Kabul. It received proportionate funding from the government to cover staff salaries, books, and maintenance. The MOE also provided the curriculum for the Sikh school, except for religious studies. The community appointed a teacher for religious studies, while the MOE paid the teacher’s salary.
A privately funded Sikh school continued to operate in Jalalabad with funding from the Swedish Committee for Afghanistan. Sikh children continued to attend private international schools; Hindu children often attended Sikh schools.
Ahmadi Muslims reported they sent their children to public schools but kept their children’s religious affiliation secret. There were no Christian schools in the country.
Legal sources said the courts continued to rely on statutory law in both civil and criminal cases. Members of minority religious groups continued to report instances, however, when the courts used Hanafi jurisprudence, even when such law conflicted with the country’s international human rights commitments.
The president continued to take advice on Islamic legal matters from the Ulema Council, a group of senior Sunni and Shia scholars, imams, and Muslim jurists. The council met with the president every two months, discussing topics such as support for the Afghanistan National Defense and Security Forces and peace negotiations with insurgent groups. The Ulema Council also continued to provide advice on the formulation of new legislation and the implementation of existing law to the parliament and ministries.
Ulema Council members continued to receive financial support from the state, although it officially remained independent from the government. The council also provided advice to some provincial governments, although, according to scholars and NGOs, most legal decision making in villages and rural areas continued to be based on local interpretations of Islamic law and tradition. President Ghani and Chief Executive Abdullah Abdullah made numerous speeches during the year supporting religious tolerance.
Minority religious groups reported the courts still did not apply the protections provided to those groups by the law and the courts denied non-Muslims the access to the courts or other legal redress as Muslims, even when the non-Muslims were legally entitled to those same rights. According to media reports and representatives from non-Muslim religious minorities, some members of these communities were told they did not have equal rights because they were “Indians,” not Afghans, even when they were citizens of the country. Members of minority religious communities reported the state, including the courts, treated all citizens as if they were Muslims, and some basic citizenship rights of non-Muslims remained uncodified. They said the result was non-Muslims continued to risk being tried according to Hanafi jurisprudence.
Sikhs and Hindus continued to report their community members avoided taking civil cases to court because they believed they were unprotected by dispute resolution mechanisms such as the Special Land and Property Court. Instead, their members continued to settle disputes within their communities.
Leaders of both Hindu and Sikh communities continued to report discrimination, including long delays to resolve cases in the judicial system. The illegal appropriation of Sikh properties remained the most common judicial problem.
There continued to be a small number of Sikhs and Hindus serving in government positions, including one at the municipal level, one at the Chamber of Commerce and Industries, and one as a presidentially appointed member of the upper house of parliament.
Although Shia Muslims held senior positions in government, they continued to state the number of their appointments to government administrative bodies was not proportionate to the percentage of Shia they estimated to compose the country’s population. Sunni members of the Ulema Council continued to assert, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population. Other non-Shia observers said the issue of employment of Shia was more related to their largely Hazara ethnicity than religion.
Although four Ismaili Muslims remained members of parliament, Ismaili community leaders continued to report concerns about what they called the exclusion of Ismailis from other positions of political authority.
The government continued to support the efforts of judicial, constitutional, and human rights commissions composed of members of different Islamic religious groups (Sunni and Shia) to promote Muslim intrafaith reconciliation. The Ministry of Women’s Affairs and MOHRA continued working toward their stated goal of gaining nationwide acceptance of the practice of allowing women to attend mosques. The Moderation Center of Afghanistan, a government-funded NGO, continued to promote what the government viewed as a moderate interpretation of Islam. Educational exchanges organized by the center continued to send Shia and Sunni clerics to Kuwait for training, and then appoint them to positions as teachers in various provinces to train other clerics. The center distributed 5,000 books addressing Islamic subjects, extremism, and the current conflict in the country. The Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation.
The ONSC’s work on addressing religiously motivated violent extremism continued. The ONSC continued to sponsor provincial-level conferences on religiously motivated violent extremism to collect data for use in its effort to develop a strategy to counter violent extremism. The ONSC also continued to coordinate the efforts of relevant government institutions and NGOs to formulate the strategy through an interministerial working group.