Section II. Status of Government Respect for Religious Freedom
The constitution declares Islam the official state religion and says no law may contravene the beliefs and provisions of the “sacred religion of Islam.” It further states there shall be no amendment to the constitution’s provisions with respect to adherence to the fundamentals of Islam. According to Article 2 of the constitution, followers of religions other than Islam are “free to exercise their faith and perform their religious rites within the limits of the provisions of the law.”
The penal code outlines provisions that criminalize verbal and physical assaults on religion and protects individuals’ right to exercise their beliefs for any religion. The penal code includes punishments for verbal and physical assaults on a follower of any religion and punishment for insults or distortions directed towards Islam, including in cyberspace. According to the General Directorate of Fatwas and Accounts of the Supreme Court, there were no cases filed during the year. An article in the penal code specifies what constitutes an insult to religion, stating, “A person who intentionally insults a religion or disrupts its rites or destroys its permitted places of worship shall be deemed as a perpetrator of the crime of insulting religions and shall be punished according to provisions of this chapter.” The penal code specifies that deliberate insults or distortions directed towards Islamic beliefs or laws carry a prison sentence of one to five years. Article 817 of the penal code states, “A person who insults Islam using a computer system, program, or data, shall be imprisoned.”
Another article of the penal code states persons who forcibly stop the conduct of rituals of any religion, destroy or damage “permitted places of worship” (a term not defined by the code) where religious rituals are conducted, or destroy or damage any sign or symbol of any religion are subject to imprisonment of three months to one year or a fine ranging from 30,000 to 60,000 afghanis ($390-$770). In cases where killings or physical injury result from the disturbance of religious rites or ceremonies, the accused individual is tried according to crimes of murder and physical injury as defined by law.
While apostasy is not specifically provided for under the penal code, it falls under the seven offenses making up the hudood as defined by sharia. According to the penal code, perpetrators of hudood are punished according to Hanafi jurisprudence. According to Sunni Hanafi jurisprudence, which the constitution states shall apply “if there is no provision in the constitution or other laws about a case,” beheading is appropriate for male apostates, while life imprisonment is appropriate for female apostates, unless the individual repents. A judge may also impose a lesser penalty, such as short-term imprisonment or lashes, if doubt about the apostasy exists. Under Hanafi jurisprudence, the government may also confiscate the property of apostates or prevent apostates from inheriting property. This guidance applies to individuals who are of sound mind and have reached the age of maturity. Civil law states the age of maturity for citizens is 18, although it is 16 for females regarding marriage. Islamic law defines it as the point at which one shows signs of puberty, and puberty is usually applied as the marriageable age, particularly for girls.
Conversion from Islam to another religion is apostasy according to the Hanafi school of jurisprudence applicable in the courts. If someone converts to another religion from Islam, he or she shall have three days to recant the conversion. If the person does not recant, then he or she shall be subject to the punishment for apostasy. Proselytizing to try to convert individuals from Islam to another religion is also illegal according to the Hanafi school of jurisprudence, which is applied in the courts and subject to the same punishment.
Blasphemy, which may include anti-Islamic writings or speech, is a capital crime, according to the Hanafi school. Accused blasphemers, like apostates, have three days to recant or face death, although there is no clear process for recanting under sharia. Some hadiths (sayings or traditions that serve as a source of Islamic law or guidance) suggest discussion and negotiation with an apostate to encourage the apostate to recant.
According to a 2007 ruling from the General Directorate of Fatwas and Accounts under the Supreme Court, the Baha’i Faith is distinct from Islam and is a form of blasphemy. All Muslims who convert to it are considered apostates; Baha’is are labeled infidels.
Licensing and registration of religious groups are not required. Registration as a group (which gives the group the status of a council, known as a shura) or an association conveys official recognition and the benefit of government provision of facilities for seminars and conferences. By law, anyone who is 18 years of age or older may establish a social or political organization. Such an entity must have a central office as well as a charter consistent with domestic laws. Both groups and associations may register with the Ministry of Justice. The ministry may dissolve such organizations through a judicial order. Groups recognized as shuras may cooperate with one another on religious issues. Associations may conduct business with the government or the society as a whole.
A mass media law prohibits the production, reproduction, printing, and publishing of works and materials contrary to the principles of Islam or offensive to other religions and denominations. It also prohibits publicizing and promoting religions other than Islam and bans articles on any topic the government deems might harm the physical, spiritual, and moral well-being of persons, especially children and adolescents. The law instructs National Radio and Television Afghanistan, a government agency, to provide broadcasting content reflecting the religious beliefs of all ethnic groups in the country, all based on Islam. Some radio stations provide religious programming for Sunni Muslims, and a smaller number of radio stations provide religious programming for Shia Muslims. The law also obligates the agency to adjust its programs in light of Islamic principles as well as national and spiritual values.
According to the constitution, the “state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, as well as academic principles” and develop courses on religion based on the “Islamic sects” in the country. The national curriculum includes materials designed separately for Sunni-majority schools and Shia-majority schools, as well as textbooks that emphasize nonviolent Islamic terms and principles. The curriculum includes courses on Islam but not on other religions. Non-Muslims are not required to study Islam in public schools. The registration process for madrassahs requires a school to demonstrate it has suitable buildings, classrooms, accredited teachers, and dormitories if students live on campus. The Ministry of Hajj and Religious Affairs (MOHRA) registers madrassahs collocated with mosques, while the Ministry of Education (MOE) registers madrassahs not associated with mosques. In MOHRA-run madrassahs, students receive instruction, with one imam teaching approximately 50 to 70 children studying at various levels. Only certificates issued by registered madrassahs allow students to pursue higher education at government universities.
According to the law, all funds contributed to madrassahs by private or international sources must be channeled through the MOE.
The civil and penal codes derive their authority from the constitution. The constitution stipulates the courts shall apply constitutional provisions as well as the law in ruling on cases. For instances in which neither the constitution nor the penal or civil codes address a specific case, the constitution declares the courts may apply Hanafi Sunni jurisprudence within the limits set by the constitution to attain justice. The constitution also allows courts to apply Shia law in cases involving Shia followers. Non-Muslims may not provide testimony in matters requiring sharia jurisprudence. The constitution makes no mention of separate laws applying to non-Muslims.
A Muslim man may marry a non-Muslim woman, but the woman must first convert if she is not an adherent of one of the other two Abrahamic faiths – Christianity or Judaism. It is illegal for a Muslim woman to marry a non-Muslim man.
The government’s national identity cards indicate an individual’s religion, as well as nationality, tribe, and ethnicity. Individuals are not required to declare belief in Islam to receive citizenship.
The constitution requires the president and two vice presidents to be Muslim. Other senior officials (ministers, members of parliament, judges) must swear allegiance and obedience to the principles of Islam as part of their oath of office. No occasion to determine if this applies to non-Muslims has arisen since the constitution was adopted in 2004.
The constitution allows the formation of political parties, provided the program and charter of a party are “not contrary to the principles of the sacred religion of Islam.” The constitution states political parties may not be based on sectarianism.
The law mandates an additional seat in parliament’s lower house be reserved for a member of the Hindu and Sikh community. Four seats in the parliament are also reserved for Ismaili Muslims.
MOHRA is 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. MOHRA has an office dedicated to assisting the faith practices of religious minorities, specifically Sikhs and Hindus.
The country is a party to the International Covenant on Civil and Political Rights.
Representatives from the predominantly Shia Hazara community said promised government security and development initiatives in Shia-predominant areas were insufficient, symbolic measures and the government had not implemented them. Media reported members of the Shia community continued to state the government did not provide them with adequate protection from attacks by nonstate actors. The Ministry of Interior again promised to increase security around Shia mosques and authorized the arming of Shia civilians, under police authority, to provide extra security for Ashura. On August 27, Acting Minister of Interior Massoud Andarabi confirmed preparations were in place that involved integrating all the security forces. The minister stated he understood that ISIS-K posed a particular threat to the Shia community. According to the Shia community, the government distributed arms directly to the guards of Shia mosques in areas considered more targeted for attacks. Media reported the government arrested a group of three ISIS-K leaders just two days before the Shia community’s observance of Ashura in Kabul. Although National Directorate of Security (NDS) forces told the press these arrests thwarted attacks during Ashura, they provided no evidence these leaders were plotting to target the Shia community, and ISIS-K did not claim it had planned attacks. For the second year in a row, there were no reports of violence during Ashura processions.
As in the previous five years, there were no reports of government prosecutions for blasphemy or apostasy; 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. Baha’is continued to be labeled as “infidels,” although they were not considered converts; as such, they were not charged with either crime.
The government again allowed both Sunnis and Shia to go on pilgrimages. The government set aside a number of Hajj slots for residents of each province, with the higher-population provinces receiving more slots, and with no sect-based discrimination in the distribution of slots. The government 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 continued to report 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 officials said the ministry had no official statistics because it lacked the financial resources to generate a comprehensive registry of mullahs and mosques in the country. MOHRA continued to estimate that of the approximately 120,000 mullahs in the country, 6,000 registered mullahs were working directly for MOHRA at year’s end. They said registered mullahs working directly for MOHRA continued to receive an average monthly salary of 12,000 afghanis ($150) from the government. Mullahs of central mosques delivering special Friday sermons, or khatibs, were paid a salary of 14,000 afghanis ($180) by MOHRA. MOHRA again estimated 66,000 of the estimated 160,000 mosques in the country were registered.
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 new construction.
Hindu and Sikh groups again reported they remained free to build places of worship and to train other Hindus and Sikhs to become clergy, but per the law against conversion of Muslims, the government continued not to allow them to proselytize. Hindu and Sikh community members said they continued to avoid pursuing land disputes through the courts due to fear of retaliation, especially if powerful local leaders occupied their property.
Although the government 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 by 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. Despite these challenges, community leaders acknowledged efforts by MOHRA to provide free water, electricity, and repair services for a few Sikh and Hindu temples, as well as facilitate visas for religious trips to India.
According to MOHRA, the ministry did not have access to most of the country, especially in districts, villages, and rural areas. MOHRA officials said there were up to hundreds or thousands of unregistered mosques and madrassahs located in Taliban-controlled areas. They said in rural areas and most villages, mosques were used as madrassahs, and because most mosques were not registered, most madrassahs were not either. According to MOHRA, there was no system or mechanism for opening a new madrassah, particularly at the district level and in villages. MOHRA officials said it did not have a database or information on the number of madrassahs or mosques, except for information on the number of mosques located at provincial or district centers with imams on the MOHRA’s payroll. According to the ministry, there were 4,500 registered madrassahs and “Quran learning centers” throughout the country. The government registered additional madrassahs during the year but did not report how many. More than 300,000 students were enrolled in these registered madrassahs during the year, mostly in Kabul, Balkh, Nangarhar, and Herat Provinces, according to MOHRA’s estimates.
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. Government officials said they were concerned about their inability to supervise unregistered madrassas that could teach violent extremist curricula intolerant of religious minorities and become recruitment centers for antigovernment groups. In February the NDS arrested Kabul University lecturer Mawlai Mubashir Muslimyar on charges of encouraging approximately 16 students to carry out terrorist attacks targeting Shia Muslims. On June 30, two Kabul University sharia law faculty members were arrested by the NDS for promoting Salafist religious ideology and actively recruiting university students for ISIS-K.
Mosques continued to handle primary-level religious studies. Eighty MOE-registered public madrassahs offered two-year degree programs at the secondary level. An estimated 1,200 public madrassahs were registered with the MOE, each receiving financial support from the government. There were no estimates of unregistered madrassas available.
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; however, 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 Ashraf Ghani and Chief Executive Abdullah Abdullah also held meetings with Ulema Council members on promoting intrafaith tolerance and “moderate practices” of Islam.
Minority religious groups reported the courts continued not to apply the protections provided to those groups by law, and the courts denied non-Muslims equal access to the courts and other legal redress, even when the non-Muslims were legally entitled to those same rights.
Representatives from non-Muslim religious minorities, including Sikhs and Hindus, reported a consistent pattern of discrimination at all levels of the justice system. As Taliban representatives engaged in peace process discussions, some Sikhs and Hindus expressed concern that in a postconflict environment, they might be required to wear yellow (forehead) dots, badges, or armbands, as the Taliban had mandated during its 1996-2001 rule. Non-Muslims said they continued to risk being tried according to Hanafi jurisprudence. Sikhs and Hindus again reported 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 state they faced discrimination in the judicial system, including long delays in resolving cases, particularly regarding the continued appropriation of Sikh properties.
Some Shia continued to hold senior positions in the government, including Second Vice President Sarwar Danish; High Peace Council Chairman Karim Khalili; Minister of Transportation Mohammad Hamid Tahmasi; Minister of Telecommunication Mohammad Fahim Hashimi; and Minister of Refugees and Returnees Hussain Alemi Balkhi. Shia leaders, however, continued to state 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 state, however, that Shia remained overrepresented in government based on Sunni estimates of the percentage of Shia in the population. According to some observers, Hazaras often faced discrimination based on their ethnicity and predominance in the country’s Shia population. Observers also said the country’s Shia were underrepresented in government not because of their religion, but because of their Hazara ethnicity.
A small number of Sikhs and Hindus continued to serve in government positions, including one at the municipal level, one at the Afghanistan Chamber of Commerce and Industries, one as a presidentially appointed member of the upper house of parliament, one as an elected member in the lower house, one as a presidential advisor, and one as a member of the Ministry of Transportation.
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 Ulema Council, the Islamic Brotherhood Council, and MOHRA also continued their work on intrafaith reconciliation. Ministry officials and NGOs promoting religious tolerance, however, said it was difficult to continue their programs due to funding and capacity constraints.
The ONSC continued its work on addressing religiously motivated violent extremism, which included policies to foster religious tolerance. 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. Government officials said the ONSC approved, and the president signed, an interministerial strategy in mid-September; however, it was not widely publicized due to “sensitivities surrounding the issue.” According to the ONSC, it continued to work on an action plan for implementation of the policy, which was expected to be finalized before the end of the year.
According to journalists, local observers, and UNAMA, attacks by ISIS-K and other insurgent groups continued to target specific religious and ethnoreligious groups, including the Hazara Shia. During the year, UNAMA documented a 48-percent decrease from 2018 in civilian casualties from attacks targeting places of worship, religious leaders, and worshippers – mainly due to a reduction in such attacks by ISIS-K. UNAMA recorded 20 attacks targeting places of worship, religious leaders, and worshippers, compared with 22 attacks in 2018. The attacks caused 236 civilian casualties (80 deaths and 156 injured), compared with 453 civilian casualties (156 deaths and 297 injured) in 2018. All were attributed to ISIS-K and other antigovernment elements. Despite the overall decrease, civilian casualties from these types of attacks by the Taliban more than doubled compared with 2018. Suicide attacks were again the leading type of attacks targeting places of worship, religious leaders, and worshippers, resulting in 127 civilian casualties (62 killed and 65 injured), compared with 402 casualties (136 killed and 266 injured) in 2018. In addition to suicide attacks, UNAMA documented six incidents of targeting places of worship, religious leaders, and worshippers with the use of nonsuicide IEDs, causing caused 88 civilian casualties (6 killed and 82 injured), compared with 35 civilian casualties (15 deaths and 20 injured) in 2018.
UNAMA continued to report high levels of ISIS-K-directed, sectarian-motivated violence targeting the Shia Muslim, mostly ethnic Hazara, population. It documented 10 incidents of sectarian-motivated violence against Shia Muslims resulting in 485 civilian casualties (117 killed and 368 injured), representing a 35 per cent decrease from such attacks, compared with 2018 when there were 19 incidents resulting in 747 civilian casualties (233 killed and 524 injured). ISIS-K claimed seven of the 10 incidents, stating its aim was to target the Shia Muslim religious minority. These seven incidents caused 473 civilian casualties (112 killed and 361 injured).
On August 17, ISIS-K attacked a wedding hall in a predominately Shia neighborhood of Kabul. According to UNAMA, this was the year’s deadliest attack, killing 91 persons and wounding 143 others, including 15 children killed and 25 injured. On March 7, ISIS-K fired mortar rounds towards a gathering to commemorate the killing of Hazara leader Abdul Ali Mazari, in the Mosalla-e-Mazari area of Kabul – causing 115 civilian casualties (11 killed and 104 injured). On July 5, ISIS-K also attacked a Shia mosque in Ghazni City. The detonation of a remote-controlled IED inside of the Mohammadiah Mosque resulted in 24 civilian casualties (two killed and 22 injured), mostly children. On October 8, ISIS-K detonated an IED in a classroom of Ghazni University classroom, targeting Shia students and causing 27 civilian casualties.
UNAMA also documented 17 civilian casualties (10 killed and seven injured) as a result of incidents in which religious leaders and worshippers were targeted and shot. On June 27, a religious scholar and acting head of the provincial Hajj and Religious Affairs Department was shot and killed by ISIS-K in Jalalabad, Nangarhar Province. Many other progovernment Islamic scholars were killed in attacks for which no group claimed responsibility. On July 6, two unknown gunmen on a motorcycle killed the chairperson of the local Shia Ulema Council in Kunduz after he made statements supportive of the Afghan government and the peace process.
According to media, antigovernment forces also targeted Sunni mosques. During the year, antigovernment forces carried out several deadly attacks on religious leaders, particularly those who spoke out against the Taliban. On June 28, in Samangan Province, the Taliban detonated a remote-controlled IED inside a mosque during Friday prayers, wounding 14 civilians. According to sources, the Taliban were targeting the mullah, who had praised ANDSF in previous services. Many progovernment Islamic scholars were killed in attacks during the year for which no group claimed responsibility. For example, on May 24, a remote-controlled IED placed inside the Al-Taqwa mosque in Kabul detonated while more than 700 individuals were gathered during Friday prayers. The explosives were positioned under the podium where a religious scholar, Mawlawi Rayhan, was leading prayers. The explosion killed him and two other civilians and injured 34 others. Rayhan was known as a supporter of the Afghan national security forces and a critic of the Taliban and ISIS-K. UNAMA attributed this incident to the Taliban.
On June 24, in the Nangarhar community of Qalatak, unidentified gunmen shot and killed Mawlawi Safiullah Hanafi, the imam of Qalatak’s central mosque, an Islamic schoolteacher and progovernment figure. President Ghani condemned the “inhumane attack on the wedding hall” and stated via Twitter, “My top priority for now is to reach out to the families of victims of this barbaric attack.” By year’s end, the government had not detained any individuals suspected of having been involved in these killings.
The Taliban continued to kill religious leaders and threaten them with death for preaching messages contrary to the Taliban’s interpretation of Islam or its political agenda. On May 26, unidentified armed men shot and killed Mawlawi Shabir Ahmad Hashem Kamawal, a well-known religious scholar and legal advisor for the International Legal Foundation for Afghanistan in Kabul who had called on the Taliban to end the fighting.
In several cases, the responsibility for attacks on progovernment religious leaders was unclear. In these instances, although no individual or group claimed responsibility for the attacks, local authorities said they suspected that ISIS-K or, less frequently, the Taliban were responsible. On October 18, at least 62 civilians were killed and another 58 wounded, including 20 children killed and 10 injured, following the bombing of a Sunni mosque in Deh Bala District, Nangarhar Province, during Friday prayers. No organization claimed responsibility for the attacks. The investigation continued at year’s end. On May 3, unknown gunmen shot and killed a progovernment religious scholar in the Behsod District, Nangarhar Province. As an official imam on the MOHRA payroll, the scholar was targeted for his support of the government, according to sources. No group claimed responsibility for the attack.
On March 3, an IED exploded at the Haji Chaman Mosque, injuring Mawlavi Rahimullah (the religious advisor to the president) and his bodyguard and killing his driver. On May 27, a magnetic IED attached to an official government shuttle bus belonging to MOHRA exploded, wounding 10 MOHRA employees. No group claimed responsibility for these attacks.
There continued to be reports of the Taliban and ISIS-K monitoring the social practices of local populations in areas under their control and imposing punishments on residents according to their respective interpretations of Islamic law. On October 6, the Taliban sentenced a young girl and boy to 40 lashings in Faryab Province for having several telephone conversations. According to media reports, in May a Taliban court in Shahrak District, Ghor Province, shot and killed an underage boy and girl for allegedly having an extramarital affair. In March media reported the Taliban killed a pregnant woman and her unborn child in Sancharak District, Sar-e-Pol Province, for allegedly calling the Taliban’s war against the government “illegitimate.” The Taliban dragged her from her home, took her to a Talib commander who issued her death sentence, and immediately shot her.
There were again reports of continued Taliban warnings to mullahs not to perform funeral prayers for government security officials. As a result, according to MOHRA officials, imams continued to state they feared performing funeral rites for ANDSF and other government employees. In August media reported the Taliban put pressure on local imams to cut relations with the government and speak in favor of the Taliban or face Taliban retribution. Local communities pointed out that inaction by Islamic clerics affected security force morale. MOHRA also reported difficulty in staffing registered mosques in insecure areas because of Taliban threats.
Social media reporting showed Taliban punishing individuals who did not fast during Ramadan. They publicly shamed these individuals by coloring their faces black, putting them on donkeys, or shaving their heads.
According to religious community leaders, some mullahs in unregistered mosques continued to preach in support of the Taliban or ISIS-K in their sermons.
There were continued reports of the Taliban and ISIS-K taking over schools in areas under their control and imposing their own curricula; however, it was difficult to obtain information in Taliban-controlled territory.