this period was the prison. The imprisonment of
female relatives of male opponents was the only
constant that cut through the complicated ethno-
political conflicts and political changes from
monarchy to republic and from republic to Islamic
state. The situation of imprisoned women was hid-
den from public awareness for decades. Gender-
based violence such as sexual abuse of women or
the virginity test on girls in official detention cen-
ters and prisons were only reported after the end of
the Taliban regime. Under the rule of the Mujàhidìn
groups in the 1990s there was neither a real central
power nor a judicial system. Warlords were in
charge as Islamic judges and condemned their pris-
oners arbitrarily.
Under the Taliban (1996–2001) the Islamization
of Afghanistan reached its peak. Women were
excluded from public life. Sharì≠a courts and the
Istakhbàràt (secret service) were established. Tali-
ban militia and the authority for fighting against
immorality persecuted women. They arrested,
beat, mutilated, imprisoned, killed, kidnapped, and
enslaved them with the accusation of immorality or
just for being non-Pashtun. Many women were
detained and beaten in public for specific offenses
such as not wearing a burqa≠, wearing white socks
or shoes, or shoes that made a noise when walking,
being unaccompanied by a male chaperone in pub-
lic, or entering a public building through a desig-
nated male entrance.
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2003.134.En?Opendocument>.Jale AhmadiSouth AsiaThis entry covers three countries crafted by vio-
lence: India, Pakistan, and Bangladesh. India, with
a sizeable Muslim population, is secular by consti-
tution and law; the other two, with majority Mus-
lim populations, have turned from secularism to
theocracy.
The Indian subcontinent was structured along
tribal and feudal lines during colonial times. The
British superimposed upon this a secular common
law framework that applied to all areas except per-
sonal law, which was left to the discretion of each
indigenous community.At the same time, in certain
geographical areas, the colonial power accepted the
continuation of tribal law through the Frontier
Crimes Regulation 1901.
Upon independence in 1947 Pakistan (which at
that time included Bangladesh) therefore inherited
a secular legal system with a complete hierarchy of
courts that had jurisdiction in both civil and crimi-
nal matters. In addition, in what were carved out as
the Federally and Provincially Administered Tribal
Areas (FATA and PATA), the new republic left
undisturbed the system of tribal law and tribal
courts.
In India, Muslims continue to be governed in
matters of personal law by the Muslim Personal
Law (Shariat) Application Act 1937. Though this
has been amended in some states in India and for
some issues (for example, maintenance) the general
secular law applies, the Supreme Court of India