Pluralité (et contradiction) des systèmes normatifs en Afghanistan : droit civil / Sharia / coutume tribale | NYT
▻http://www.nytimes.com/2014/05/04/world/asia/in-spite-of-the-law-afghan-honor-killings-of-women-continue.html?emc=edit_t
Rubina Hamdard, a lawyer at a coalition of women’s advocacy groups, the Afghan Women’s Network, estimates that 150 cases of honor killing occur annually in Afghanistan, based on statistics kept over the past five years. Fewer than half of them are formally reported, however, and very few end in convictions. (…)
Neither Amina nor Zakia and Mohammad Ali did anything against the law — or, more specifically, against two of the legal systems in effect in Afghanistan: the body of civil law enacted over the past decade with Western assistance, or the classic Islamic code of Shariah that is also enshrined in law. Both protect the rights of women not to be forced into marriage against their will.
But in Afghanistan, an unwritten, unofficial third legal system has remained pervasive: customary law, the tribal codes that have stubbornly persisted despite efforts at reform. “In Afghanistan judges stick to customary law, forget Shariah law, let alone civil law,” said Shala Fareed, a professor of law at Kabul University. (…)
Of 4,505 cases of violence against women last year — which includes issues like “denial of relationship,” or trying to prevent someone from choosing their own husband or wife — less than 10 percent are resolved through legal process, according to the latest report from the Women’s Ministry. Nearly half of the cases were either dropped or settled out of court, often to the women’s detriment.
NB. La Sharia, ici, est du côté du droit moderne, contre la coutume tribale. Voir Weber : religion et rationalisation.