Since the Taliban’s return to power in Afghanistan in August 2021, the status of women’s rights has undergone a dramatic reversal. After two decades of gradual progress following the fall of the first Taliban regime in 2001, Afghan women and girls have experienced one of the world’s most severe human rights crises. Restrictions on education, employment, movement, healthcare access, and participation in public life have transformed women’s legal and social position, with international organisations increasingly describing the situation as a system of institutionalised gender discrimination.
The Taliban government argues that its policies reflect Islamic principles and Afghan cultural values. However, critics, including United Nations bodies and human rights organisations, contend that these measures represent a deliberate attempt to remove women from public life and deny them fundamental rights guaranteed under international human rights law.
Is it Islam or is it Male Dominance?
The question often posed in discussions surrounding Afghanistan is whether the oppression of women is a consequence of Islam or of patriarchy. It is a question that deserves careful consideration, because conflating an entire religion with the actions of a political regime not only oversimplifies the issue but also ignores the diversity of Islamic thought across the world.
The Taliban insists that its restrictions are grounded in Sharia law. Yet many Islamic scholars, Muslim-majority states, and religious organisations have rejected this claim, arguing that the Taliban's interpretation is neither universally accepted nor representative of Islam as a whole. Across the Muslim world, women serve as judges, lawyers, academics, doctors, politicians, and business leaders. Millions of Muslim girls attend school and university, demonstrating that access to education and participation in public life are not inherently incompatible with Islamic faith. The Qur'an actually advocates for the equality between Muslim women and Muslim men (33:35, 16:97, 96:1).
What distinguishes the Taliban is not simply its religion but its interpretation of religion through an authoritarian and patriarchal political ideology. Feminist legal scholars have long argued that religious texts do not interpret themselves; they are interpreted by people, often within societies where political, social, and economic power has historically been concentrated in the hands of men. As a result, legal and religious systems can become vehicles through which existing hierarchies are maintained rather than challenged.
This distinction is critical. To attribute the oppression of Afghan women to Islam alone ignores the countless Muslim women who actively advocate for gender equality while remaining deeply committed to their faith. It also overlooks the fact that women's oppression has existed across cultures and religions throughout history. Patriarchy is not unique to Islam. It has shaped Christian, Jewish, Hindu, secular, and many other societies, influencing laws, customs, and institutions long before the Taliban existed.
The Taliban's policies therefore raise a broader question about power rather than religion. Who has the authority to interpret the law? Whose voices are excluded from that process? And who benefits when women are denied education, employment, political participation, and autonomy?
From a feminist legal perspective, the answer lies not in religion itself but in the use of law and religious authority as instruments of male dominance. By excluding women from public life, limiting their economic independence, and denying them opportunities for education and self-determination, the Taliban reinforces a social order in which power remains overwhelmingly concentrated in the hands of men. Religion becomes the justification, but patriarchy is the structure that those justifications serve.
Recognising this distinction is essential. Criticism of the Taliban's treatment of women is not a criticism of Islam itself. Rather, it is a condemnation of a regime that has adopted a highly contested interpretation of religion to legitimise policies that many Muslims, legal scholars, and human rights advocates regard as incompatible with both human dignity and the principles of justice.
Education: The Removal of Girls from Public Life
One of the most significant restrictions imposed by the Taliban has been the prohibition on girls’ secondary and higher education. Since 2021, girls have generally been prevented from attending school beyond the sixth grade, while women have been excluded from universities. This has affected millions of Afghan girls and women, creating an entire generation whose educational opportunities have been severely limited.
The consequences extend beyond education itself. The removal of women from schools and universities has contributed to a decline in female professionals, particularly in sectors such as healthcare and education. UNICEF has warned that continued restrictions on girls’ education and women’s employment threaten Afghanistan’s future workforce, including the loss of thousands of female teachers and health workers.
The educational ban also raises broader questions about autonomy and citizenship. Education is not only a pathway to employment; it provides individuals with the ability to participate in political, economic, and social life. By restricting access to education, the Taliban has significantly reduced women’s ability to exercise independence and influence within Afghan society.
Employment and Economic Independence
Women’s participation in employment has also been severely restricted. Many women have been removed from government positions, prohibited from working in numerous sectors, and restricted from working with international organisations. These measures have significantly reduced women’s economic independence and increased reliance on male family members.
Economic exclusion has consequences beyond individual women. Female workers have historically played important roles in healthcare, education, humanitarian work, and small businesses. The removal of women from these areas has weakened Afghanistan’s public services and contributed to wider economic instability.
The restrictions also reinforce a cycle of dependency. When women cannot access employment, earn income, or develop professional skills, their ability to leave abusive situations, support their families, or participate in decision-making is diminished.
Freedom of Movement and Control of Women’s Bodies
The Taliban has introduced extensive restrictions governing women’s appearance, movement, and behaviour. Women face requirements regarding clothing and, in many circumstances, restrictions on travelling without a male guardian. Public spaces such as parks, gyms, and recreational facilities have also been restricted or closed to women.
These rules represent a broader form of social control. Rather than regulating specific harmful conduct, critics argue that the restrictions regulate women’s ordinary existence by limiting their visibility, independence, and ability to participate freely in society. The result is a significant reduction in women’s legal personhood and autonomy.
The regulation of women’s voices and public presence has been particularly controversial. Human Rights Watch has documented restrictions affecting women’s freedom of expression, including limitations on women speaking or appearing publicly.
Healthcare and the Consequences of Exclusion
Restrictions on women’s education and employment have created serious healthcare concerns. Afghanistan has historically relied heavily on female healthcare workers, particularly because Afghani women cannot receive medical treatment from male doctors.
The exclusion of women from medical education and healthcare professions creates a dangerous paradox: women may be unable to access healthcare from male professionals while simultaneously being prevented from becoming healthcare providers themselves. International organisations have warned that these policies threaten women’s health and increase risks for mothers and children.
Healthcare access demonstrates how restrictions in one area of life create broader social consequences. The denial of education, employment, and freedom of movement does not operate independently; rather, these restrictions reinforce each other and deepen women’s vulnerability.
Marriage, Family Life and Gender-Based Discrimination
Women’s rights within family life have also become increasingly restricted. Human rights organisations have raised concerns regarding legal developments affecting marriage, divorce, and women’s ability to exercise independent choices within family relationships. Critics argue that these changes risk increasing women’s vulnerability to forced and child marriage and reducing legal protections against abuse.
Historically, women’s rights movements have identified control over marriage and family life as central to gender equality. The ability to choose a partner, seek divorce, and live free from violence are fundamental aspects of personal autonomy. Restrictions in these areas therefore represent not only legal inequality but also a limitation on women’s ability to determine the course of their own lives.
International Law and the Concept of Gender Apartheid
The treatment of Afghan women has generated significant debate within international law. Some scholars, activists, and human rights organisations argue that the Taliban’s policies amount to “gender apartheid” because they systematically exclude women from society based solely on their sex.
Although apartheid is traditionally associated with racial segregation under international law, advocates argue that the concept should be expanded to recognise systems of institutionalised gender domination. They contend that the Taliban’s restrictions are not isolated violations but part of a coordinated structure designed to deny women equal status.
This debate raises wider philosophical and legal questions about whether existing human rights frameworks adequately address large-scale gender-based oppression.
Resistance and the Continuing Agency of Afghan Women
Despite severe restrictions, Afghan women have continued to resist exclusion. Women activists, journalists, educators, and community organisers have continued advocating for education, employment, and equality, often at significant personal risk.
Resistance has taken many forms, including underground education networks, online learning initiatives, protests, and international advocacy. These actions challenge the narrative that Afghan women are passive victims; instead, many continue to demonstrate agency and resilience despite significant barriers.
The current state of women’s rights in Afghanistan represents one of the most serious contemporary human rights crises. Since returning to power, the Taliban has implemented policies that have removed women and girls from many areas of public, economic, and educational life. These restrictions affect not only individual freedoms but the future development, healthcare system, and social stability of Afghanistan as a whole.
The situation demonstrates that women’s rights are interconnected: education enables economic participation; economic independence supports personal autonomy; and legal recognition of equality provides protection from discrimination and violence. The experience of Afghan women therefore illustrates a broader global issue: that gender equality is not achieved merely through formal legal recognition but requires meaningful access to education, work, safety, and participation in society.
Despite profound restrictions and risk of death, Afghan women continue to assert their rights and challenge their exclusion, showing formidable strength that us in the West cannot comprehend, and in line with their Prophets words (4:135). Their struggle remains central to international debates about human rights, gender equality, and the responsibility of the global community to respond to systematic discrimination
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