Issue no.: 6 | January 2010

Face to Face

An Interview with Mahfuza Folad

Mahfuza Folad has worked as Defense Lawyer, Legal Advisor and Judge for the Supreme Court, the Global Rights and AHRO in the past decade. Despite the intricate socio-cultural fabric of the Afghan society, Folad has been working in legal areas that are the most challenging and in some cases considered taboo—especially when they are tackled by a female legal practitioner. As a judge and lawyer, Folad has worked hard to influence laws and law enforcement mechanisms concerning challenging family laws and issues such as dowry, divorce, child custody and alimony. One of the problems that Afghanistan encounters as a result of more than three decades of war in the country is a high degree of raise in crime rate. However, Folad chose to tackle crimes such as murder, theft, abduction and human trafficking, monetary forgery, and more importantly, narcotics without reconsidering the unfavorable consequences that such intrepidness may bring about.

Women, especially women in South Asia do not prefer politics as a career option. What is your opinion on this and what measures do you think are required to encourage women in politics?
There is doubt that all the South Asian countries have similar culture and common points in culture, believes, thoughts, therefore they have the similar problems. Afghan women do not prefer politics as a career like other South Asian Countries women even do not want to be involved in political issues. Such ideas raised from patriarchal ideas, bad custom, war, illiteracy and these reasons and factors are the main obstacles for women participations in political affairs, for example, if a woman wants to participate in political affairs, she will face with variety of threatens such as , insulting, tainting and abusing and even cause to their death . In order to eliminate all above mentioned obstacles, there is a big need for factors and causes for all southern countries to give hands to each other and must provide regular plans and programs so that can eliminate the illiteracy, provide opportunities for women to increase their higher education (out side or inside of the country), establishing leadership and political science institutes for women, make aware the women from their legal rights.

What is the status of women in politics in Afghanistan? 
Afghanistan passed 3 decade of war and women were the first victims or suffered different types of violations especially during the Taliban regime .After the Taliban collapsing and producing of the new government in Afghanistan, few women by international community support, put first step to participate in political affairs. Its best example is to mention Ms Masouda Jalal who was the first women standing for candidate in the presidential election, however she could not succeed (because of social, ,cultural and patriarchal problems), but she was a symbol for the other women (encourage the other women or opened the way for the other women). For this reason we are witnesses of two women participating in the second term of the presidential election. Today from all the parliamentarians (MPs), 64 of them are women, for the first time we have a woman governor, but the women have the symbolic role, in the other hand we have just one woman in Afghanistan ministries’ cabinet, there isn’t any woman in the high judicial council. Today, Afghan women believe to participate in political affairs based on meritocracy not based on quota.  We can achieve to this aim when we literate the women because there are many talents among women in Afghanistan, but %95 of the women are illiterate, and there is no doubt that among these women we have extraordinary women too and we can use their talents when we increase their literacy. Also, we must provide better and effective programs to eliminate the patriarchal thoughts and bad customs. Without international community supports, it is impossible to implement these plans and programs.

Women should be more sensitive to other marginalized groups who are discriminated against, like lesbians, elderly, and the mentally challenged. What do you think?
Women must be sensitive and they are, but about lesbians I want to say that Afghanistan is an Islamic country and it is unlawful and against Shariat, if someone wants to do this action and she will be prosecuted if she does so. Also Afghan people never accept these people, however I haven’t faced with such a case and I will never support these people. I see these people as criminals’ not as marginalized one and they should be punished.  Fortunately Afghan people respect their elders and take care of their health, food, suitable place etc. I mean they have especial pay attention on them. I should say there are no governmental houses for women. And Afghan people believe to family ensuring, Afghans never know the elders as on marginalized because they are not marginalized but they are respectful. There might be exceptional situation, but generally the behaviors with the elders are as in the above. Respecting, protecting and supporting the elders is not moral task but it is a Sharia and lawful of their family members. My personal opinion is that elders should be respected and protected and their family members have to provide suitable food, treatment and suitable place and we should accept this as humanity responsibility.   In the other hand, we should believe that today’s youth are the elders of the future. If we support our elders today, we will be supported by the youth of our family and our society in the future and we should try our best all at once for strengthening of the culture of respecting and supporting the elders.   Applying the law on the elders(old people) is also different, for examples, if the criminal who completes the age 60, he will be forgiven to do hard works in the prison and there will be extenuating or reduction in their punishment. If the criminal is certain years old, he will never receive punishment. If the criminal is certain years old, he will he will pardon for receiving the punishment.  The mental and psychological patients are also supported by the families and their health care is one the state duty and even there is one day under this name. if a person who is mentally and psychologically is ill and commits any act, he will be pardon from the prosecution.  And if a person after commitment of the crime suffers such illnesses, his prosecution will be suspended until he becomes fine and well and he will be under the state free cost treatment in one of the governmental hospitals.