Evaluation of Mechanisms for Ensuring Women's Religious Identity from the Perspective of Jurisprudence and Legal System in Afghanistan

The legal system of Afghanistan is based on Islam. In religious societies, religion and its teachings play a fundamental role in shaping the identity of individuals in the community. Identity refers to a set of characteristics, feelings, and distinctive beliefs that distinguish an individual or group of individuals. The main objective of this research is to study and examine the mechanisms for ensuring women's religious identity in jurisprudence and the legal system of Afghanistan. The descriptive-analytical method (content analysis) has been employed to achieve this goal. The findings indicate that in Islamic jurisprudence, the position and high status of women have been given more attention based on the principles of justice, wisdom, nature, and public interest. Additionally, the legal system of Afghanistan has considered various mechanisms to ensure women's religious identity, including its adherence to Islam as per the third principle of its constitution, as well as Article 149 of the same law, which emphasizes the adaptation and implementation of Islamic teachings, development and promotion of religious knowledge among women, formulation of educational system based on Islamic principles, and adoption of necessary measures to combat customs contrary to Islamic laws, all of which contribute to ensuring women's religious identity. The Supreme Court of Afghanistan, as the highest judicial and oversight body within the Islamic Republic of Afghanistan, is responsible for reviewing the conformity of laws, legislative decrees, and treaties with the constitution and Islamic principles and jurisprudence interpretation.