LGBTQ+ People in Afghanistan: An Analysis in the Context of Application of Sharia Law

  • A. Runcie Mathew
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  • A. Runcie Mathew

    Research Scholar at The National University of Advanced Legal Studies, Cochin, India

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Abstract

This article is an analysis of the post-Taliban era issues faced by LGBTQ+ people in Afghanistan. Sharia law is not in favor of accepting the sexual life of LGBTQ+ people. There are different approaches towards the LGBTQ+ community in different jurisdictions where Sharia is considered as the basis of law. Some countries like Afghanistan, Iran, and Saudi Arabia provide the death penalty, while others don't. A stricter interpretation of the Sharia law, which is the idea and agenda of the Taliban group, which is running the government now in Afghanistan, makes the plight of LGBTQ+ people more pathetic. The article gives a glimpse of the report submitted by the International Lesbian, Gay, Bisexual, Trans, and Intersex Association regarding the threats faced by and torturing experienced by LGBTQ+ people in Afghanistan. The exacerbation of the conditions happens through the already prevailing child marriage in Afghanistan. The chances of coming out through which an LGBTQ+ person reveals a non-heteronormative identity are suppressed through an act of child marriage. The article tries to applaud the efforts taken by countries like the Republic of Canada and the United Kingdom to provide settlement options for LGBTQ+ refugees from Afghanistan. The article suggests the international cooperation of nations and human rights agencies to mitigate the horrific plight of Afghanistan's LGBTQ+ community.

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Article

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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 91 - 99

DOI: https://doij.org/10.10000/IJLMH.117500

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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