Posted by: Editor | April 1, 2009

Legalizing Rape, Iranian Influence and the Hazaras

Thanks to Daily Guardian, the international community’s attention is now set on the political gamble of Karzai’s “Shia Family Law,” which the UN says legalizes rape. The bill, aimed at gaining sectarian votes, was signed into law after Afghanistan’s supreme court declared Karzai’s stay in power beyond his tenure legitimate.

The “Shia Family Law,” said to be lobbied by Shia clerics, restricts women in ways similar to the Taliban era, when women were not allowed to go out for education, work or doctor’s visit without a male companion. Article 132 of the bill says a woman can’t reject her husband’s request to have sex unless she has a “legitimate excuse.” The bill also limits the women’s other rights, such as the right of inheritance.

The shameful bill was rammed through parliament quickly, almost completely bypassing the reading and debate phase, according to MPs. The main influence behind the law is Karzai’s Religious Adviser, Ayatullah Sheikh Asif Mohsini, an Iran-educated Shia cleric of Pushtoon ethnicity. For those who don’t know, he is the cleric who wrote in his book, Rah-e-Taraqee Maa (Our Path to Success), that “a woman should be ready for sex whenever her husband asks.”

Mohsini is also accused of raping one of his young female students in Mashhad, Iran. When word of the shameful act got to the girl’s family in Afghanistan, Mr. Mohsini, then 64,  married the 14-year old. And when the girl’s brother — the renowned commander, Mushtaq, spoke against the cleric — he was killed by Mohsini’s men.

In his book Nazariyaat (Ideologies), the Iran-trained Ayatullah admits to have married four women as per the Sharia Islamic law. The number of his non-Sharia “marriages,” of course, is unknown.

Mohsini owns a TV Channel, Tamaddun, which regularly airs Iranian serials. Sources from among the technical staff of the channel tell us that the station’s equipment is supplied by Tehran, and that the Iranian intelligence finances Mr. Mohsini to run anti-US and Israel news programs.

Mohsini also owns a Madrassa in Kabul. In a speech aired on his TVchannel, he admitted to have spent $20 million on the construction of his Madrassa (where people are asked to chant anti-US and Israel slogans after his Friday speech and prayers). Some experts, however, believe that the actual amount spent on the construction and setup of the Madrassa is about $50 million.

Mohsini rejects accusations that Iran funds his Madrassa and TV channel. But in a poor country such as Afghanistan, there is no way a cleric could spend mega millions on mega projects.

Outrageously enough, though, The Independent and The Guardian reported that the “Family Law” Mohsini advised Karzai on is supported by the Hazaras of Afghanistan. The reality, however, can’t be farther than the reports.

A panel of prominent Hazara scholars and religious leaders, for example, criticized the law in a seminar held at Katib University last month.

Moreover, Hazara women have historically enjoyed more freedoms than those of any other group in Afghanistan. For example, there were 13 women in the Central Committee of the Hazara Unity Party during the civil war of the 90s. No other party in Afghanistan had presence of women in such high-profile political roles. Currently, the Chairperson of Afghanistan’s Independent Human Rights  Commission and the former first vice-president of Afghanistan, Ms. Sima Samar, is a Hazara. The first-ever female Governor in Afghanistan is Habiba Sarabi, another Hazara.  The first-ever female mayor in Afghanistan, Uzra Jaffery, is a Hazara. In the 2004 presidential election, the highest female voter registration was recorded in Hazara areas.

The list is not exhaustive, but it proves that Guardian and The Independent were wrong: Hazaras don’t support the new bill; they would not restrict the rights of their women. They’ve historically done otherwise.

What these newspapers are doing is attributing guilt by association to Hazaras: Mr. Mohsini advised Karzai. Karzai passed the bill. Mohsini is a Shia. The Hazaras are Shia. Therefore, the Hazaras must support the bill.

No, the reality is quite the contrary.

This is evident from a recent call to demonstration from Mohsini against media critique of his bill. He had called upon the Hazaras of Kabul to demonstrate against the media’s negative coverage of the bill. For a religious leader of his caliber, the turnout was disappointing. This explains something — that the Ayatullah does not speak for Hazaras. And that Hazaras do not support the bill.

The bill, by the way, is a political card Karzai is playing to appease religious fundamentalists like Mohsini. It has no popular appeal among the starving, destitute masses who could care less about legislation on which spouse gets their way during intimate moments.

Prestigious international papers should exercise much care before making sweeping generalizations about the people of Afghanistan. The “Shia Family Law” is against precedent in Hazara history and society, where women have not only played vital roles at home, but also fought battles shoulder-to-shoulder with men. They wouldn’t support such curbs to freedom of women. Neither would they support religious fanatics who sponsor such bills.



  1. Is this article true? Am I awake or just having a nightmare?

    Is he a president? Or an uneducated man having nothing in his brain.

    And the clergy Ayatullah Sheikh Asif Mohsini , His name is too long but his brain is too small. I do not think he ought to call himself a human. Even he is not worth to call himself an animal. Is this what Islam is? Is this what what he has learnt from Islam and Is this what he think Islam allows?

    I am a muslim and as well Shia, But my believe and religion is not what is his. If Islam is what he defines and It is better to be a non-muslim.

    And our president and politicians have time to pass and make such crap bills but no time to pass bills against the child – labour and make the education compulsory for every child.

    My religion has never taught me “a woman should be ready for sex whenever her husband asks.” So which religion and shia is he talking about?
    And Karzia………… I am really shame of having such leader and such clergy.
    Clergy has always destroyed us and is destrying us and will continue if we do not do anything against it.

    64 year old man married 14 year old….. Hold On! Whats this???
    Where is Human Rights, This is the biggest crime? Should we go and knock the door and ask for justice?
    This is not just a crime against women but also against a tribe, who has suffered alot, they are the minority but the most open-minded tribe towards the women!

    Are women born just for entermainment of men? Are women just a toy to play with it?

    I had a big hope that one day my homeland will be build; we will build it— But now I think to build it we need to wash it from the root.

    If you are a man or a woman, if you think this is a sin what the president and clergy is doing thus feel and understand your responsibilities that there is something to be done.

  2. salam qumai gul…
    i totally agree with comments given by FARIDA
    and i belive that an IRANI can never be well wisher of HAZARAS so why should we listen and follow them…
    trust ur religion rather then listening to this 2 numbers mullas
    we should be proude of our hazara women…

  3. the sad thing is that even the iranian law is much mnore relaxed than the version we approved in Afghanistan. this bill was not put together for real social needs but it was part of a political bargain. the real burden of this law is on the shoulders of hte Hazara society although it was the non-hazara shias who pushed for it.

  4. Its all politics and games playing by those bastard mobs , you can’t name it stupidity. If you are thinking about Islam teaching all these lessons wrong, those f__king sicks are playing with us because they know we are stupid. Why isn’t there any child play in other religions (there maybe but not to this level). This is why we Muslims get demolished moment by moment and day by day. Others call us terrorists or extremists, why……because we are weak, be strong and get united, if not get some strength by studying, thinking and realizing what is the fact and reality. This way we can achieve what we all want.

  5. I am horrified at such a law being passed and that such practices seem to be condoned by those holding power in any country. Why are we sendng Australian troops to support such a government???

  6. سوال مه ای استه که اگر صرف محسنی تنها جاسوس ایران استه، امی خلیلی اور محقق اور امی خر ملا گروپ دیگه ده کجا مرده؟ یا تمام شی دو روی امزو یک سکه استن.

    کجایه امو شیر دلیران شم که از خاطر حق نصف آزره یک جلوس یک جلسه کنه – کجایه امونا که صبح ام جیخشور منن اور شاو ام. یا مرده استن؟

  7. […] linked to quotes an MP saying this will also “curry favor among the Hazaras”, but the Hazaristan Times claims that Hazaras have traditionally had a more liberal attitude towards women and that prominent […]

  8. Mohsini is dragging hazaras of Afghanistan towards the darkness again. We should better be real Hazaras than that of real Shia’s. Iran has never been allies of Hazaras in no ways, nor we should support Mohsini.

  9. In the name of Bamiyan ………

    Well Indouwaana Khourdo kho Thaao dara degaa .
    Love me love my dog ………
    Love Shiasm love Agha Mohisini ………….
    but i m sure that it is too late to Talibanise Hazara now ……. I m worried about the Qandharis of Quetta who live with Hazaras …. they for sure will be f…..ked ………. this will react opposite the way it is aimed …………. it will unite Hazaras to go for the social justice towards their mother , sisters and daughters ……… We are Hazara ….. if the God whom Mohsini and Karzai mean come down to earth and give a try to engineer our society at irani or Pashton Agenda will fail ……… this bill is not more than a shit ……. which showed the real ambition and face of Karzai and Shia strong Hold Iran and our dearest shia community arround us .
    the snakes in our sleeves want us to believe in Shakh Gao Mahi and Zahoor e Imam e Zamaana and till than we attend Duwa e Faraj and Duwa e Komail ……so the Imam ( ki khishim kada az ummat kho ) shine like the sun on our dirty souls and we get blessing from his presence …..
    Iran jan dam ith garm … Mohsini Zinda abad …
    Az khao e giran e shiagi khesthandi mo bad bakhtha ra ……………

    Ba amman e Bamiyan ………

  10. Barayee Ziad Taar Wa Khob Taar Discussion Facebook join Kanin Wa Da Facebook Group-e- “HAZARAS OF FACEBOOK” Ra Join Kanin….

    This Topic Can Also Be Found There… Here Is The Link.

  11. i do not belame mohseni only for this rape law all these akhonds like khalili,mohaqiq and akbari and and are behide this. hazara should wake up this is not good for shia but it will be a nightmear for hazaras because in afghnistan hazara mean shia and shia means hazara. soo shameful .

  12. Over the last two hundred years since the Pashtons have reigned Afghanistan, there has been no progress, but war, destruction, discrimination and prosecutions of the majority Pashtoon upon the defenceless and isolated minority Hazara community. Karzai (kharzai) has brought no positive changes in Afghanistan apart from getting rich himself and his extended family and other Pashtoon dogs.

    Today despite the lack of social and economic support and resources, Hazara people are the fastest growing community in Afghnistan. Hazaras make about 20% of the Afghan population, yet their participation rate at educational institutions and universities are no less than 40% of the population. Hazaras are inspirational. They are no less than rockets aiming towards the space, despite the ongoing discrimination against them at different levels. Hazaras deserve more because of their hard work and peace loving nature.

    One should ask self, how could Kharzai and his puppets like Mohsini tolerate the Hazara’s progress at such a fast rate? How could Iran stand and watch Hazaras to be the future leader of its neighbour over the Tajiks (Iranian based race)?

    Iran has undermined the Hazara people for as long as one can remember. They trained and sent religious puppets into the Hazara heartland for many years to encourage people to learn how to chant against USSR, USA, Israel and the West as a whole.

    But today Hazaras have learned from its history, that neither Iran nor Mohseni and Kharzai want their success. Hazaras must look independently and oppose any laws that would undermine their peace and democratic loving nature.

    Hazaras women are evolving. They are the leaders of their people, they represent Afghanistan at sports, arts and other events that not many women from other ethnics groups have done so in present day Afghanistan. Male monopoly must be over that encourage patrierchy and discourage women promoting their education further.

    My goal is to remove see the hazaras as independent people and thinkers. Love Hazaras and all people and ethnicities are love peace and are impartial.

  13. این هم اصلیت اسلام و حکومت اسلامی

    • Uk guy dam ith garm …..
      kheli Jalib ………
      amo ki da deg da kaasa ….
      Asif e Qandhari 64 raped a 14 year hazara girl …killed his brother commander mushtaq ……….
      E ham da deg astha agar aaadam dedeh bina dashtha basha wa door menay maazi tokh bitna …..

  14. It is not surprise if we see this kind of edict from our priest and ayatollahs because we are Muslim and should follow the stone ages. Islam is against development, advancement, science and technology. Islam always pushes us to 1400 years backward. Women in Islam mean slave and servitor of men and should deference all kind of his lecheries. Unfortunately our leaders never think about us, their problem is just under the belly over the knee and it is our fault too, because we allow Mullah and religious persons hand in our beds and waiting for their timetable for our midnight activities.
    This shiat personal law is very dangerous for our future because Hazara people always scarified for Shiat sect of Islam by Sunny sects, this law allows them to kill more Hazaras as infidels, as well this law accepted by the speaker of the Taliban too.
    Hazara people should ask Mr. Mohaqeq because he is the representative of Hazara people and the Head of the Islamic branch of the parliament. He approved, proposed and passed this rape law from the parliament and Mullah Khalili pushed Karzai to sign it. Actually Mr. Mohaqeq, Mohsini and other mullah try to keep their crime by passing this kind of rape laws because their 4th wife is under 14 years old.
    As a Hazara we should raise our voice to all over the world and ask all Hazara people to be against this rape law. It is really shameful for shia people especially for Hazaras and no one has tolerance of this insulting.

    • Salam to Hazaras:
      and salam to jaghori lalai jan:
      The points you shared about ISLAM is totally incorrect and I don’t such thoughts are present is this religion but I do agree that we made and present ISLAM with such thought and points. As you were saying that according to Islamic rules Women’s are slave and men dominant.
      I don’t think that this is correct about ISLAM

      other point you discusses is satisfactory and acceptable.
      thank you.

  15. I totally agree with the paper and comments. But I’ve been involved in this process from early 2008, when the law reached to the parliament. We met with Qanouni, the speaker of the parliament to postpone the review of the bill. Then the Kouchi attacked Behsoud and killed many people and everybody forgot the bill. We met with all of the shiite MPs in the parliament, including Mohaqiq, Eng. Abbass, Behzad, etc. None of them supported the reform of the bill. They argued that let us have our own law for the first time in the history, then we can suggest amendments.

    In the meantime, Kateb University launched a seminar on this issue. They made a very funcy versian of this bill and suggested a few literal corrections, but still, as they are also graduated from Qom Hawza, their suggested amendments were violating women’s rights. For example, they suggested the marriage age of girl 14 and required the wife to seek for consence of her husband in case of Khol`.

    Any way, now everybody became democrat. they are balming eachother and accusing eachother to offencing Hazara people. But when the law was under review, none of them raised their voice. the amendments of a few articles of the law in the parliament, such as marriagable age and increasing of custody period, is initiated by Sunni women. They brought some articles in line with the civil code of Afghanistan.
    If you need the comments of Kateb University on this law, or the bill or the amended articles by the parliament, please do contact with me.

    Do not believe in Mullahs, doesnt matter who are they, which ethnic origins are they or even if they are chairing a University. let’s get read of these mullahs with all of their misusing of sharia.

  16. برادران و خواهران عزیز
    این همان آیت الله محسنی قزلباش که خود را گاهی برای فریب پشتونها پشتون و پشتو زبان خطاب می کند. و برای ما هزاره ها و شیعه ها آیت الله و …. معرفی می کند.در زمان جنگهای تحمیلی سیاف و ربانی ما را استاد شهید مزاری و همه را محارب و مباهدم خظاب میکرد تا سند شرعی و حقوقی برای قتل و قتال مردم هزاره و شیعه برای سیاف وهابی مسعود و ربانی و شرکای جنایتکارشان مانند مولوی خالص و دیگران بدهد. به نظر من آزموده را آزمودن خطاست. تا ابله در جهان باشد محسنی در نمی ماند.چرا مردم ما از این شیخ منافق و ریا کار که بار ها دشمنی اشرا با هزاره ها ثابت کرده است قطع نمی کند. بگذارید این خر پشتونگرا و مردم فریت که همه را فریب می دهد تنها بماند.آیا هزاره عالم و آدم ندارد که ما از این شیخ…!و حرامی پیروی کنیم؟!!!! این برای مردم ما شرم او و خجالت است. که تنها مسجد درست
    را در نظر بگیرید که تمام ابوسفیان و دیگران خیلی مسجد درست کرده اند.
    مرگ بر و شرم باد بر دلال مذهبی و شیخ ریا کار دشمن هزاره ها

    احمد آسترلیا

  17. […] students with 56% boys and 44% girls. The school was attacked a month back by the supporters of Sheikh Asif Qandhari for criticizing the “Rape Law” that outraged civil society and right groups in […]

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