Case Background
After her marriage ended, Batul Moradi , a
young mother of two children, was publicly announced an adulteress by her
husband, Hazrat Wahriz. Mr. Wahriz further claimed that the second child of the
marriage were not his. An allegation of
this kind can result in stoning or imprisonment and always destroys a woman’s
reputation - in a country where reputation really matters.
But a false allegation of adultery is a
crime in Islam and Batul decided to clear her name in a special court for
‘elimination of violence against women.’
Since doing this Batul has faced constant intimidation and harassment,
including a public beating outside the Afghanistan Independent Human Rights
Commission at the hands of her ex-husband. Yet despite living in constant fear of
reprisal, she has continued with her fight.
Batul is the first woman to have taken a
case of this kind (Qazaf) to court. And
it is a fight that has gone right to the top of the legal system of Afghanistan,
reaching the Attorney General, who has accused Batul, in writing, of ‘Violence
Against Men.’ The court set up for the
‘elimination of violence against women’ has told Batul to stop her claim and
court staff have told her that to pursue the case is proof enough that she is
‘shameless’.
“When
I first went to the Attorney’s office and opened my case for Qazaf I never
thought that I would be standing not only against one man, but the whole legal
system. But now, after four years of my
efforts I have realized that law-makers and implementers themselves are among
those who violate law.”
Batul has recently had a case made against
her for ‘attacking the police’ and has been told the only way to stop this
proceeding is for her to drop her Qazaf case.
In the face of this opposition she is requesting that the court sessions
are held in public. She has also
decided to speak out to the media.
Batul’s unique legal fight is an example of
the current situation that is facing women in Afghanistan. Despite new courts that are aimed at their
protection, women face hostility and abuse if they dare to use them.
Notes
- Qazaf is an accusation of adultery on woman and refusing one’s children.
- In cases of Qazaf the impact on the children is almost worse. With no national ID card (given under a father’s name) they cannot travel, get a passport or even vote.
- Batul’s case has meant another first too - the first legal parental DNA test to be conducted in
- If you are interested to learn more about this case, please email Batul at Batul.moradi@gmail.com
- Batul is available for interviews and filming about the case.
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