The Afghan judiciary has long grappled with gender-based barriers, a topic that resurfaced in discussions about the eligibility of women to serve as judges. Historical debates over attire and religious interpretation have influenced official attitudes toward women in the courts, shaping policies long before recent political shifts. In this context, the Supreme Court has cited attitudes and practices from earlier eras as part of its reasoning about women serving in the judiciary. The discussion underscores how social norms surrounding dress and professional conduct can intersect with legal qualifications, affecting access to senior legal roles.
Authorities connected to the appellate courts have highlighted concerns about women’s training in religious jurisprudence. Specifically, the question of whether women possess a sufficient grasp of fiqh and sharia has been raised as a factor in evaluating their suitability for adjudicatory duties. Advocates note that understanding the Hanafi school of law, one of the four major Sunni legal traditions, is central to resolving certain legal questions within this framework. The emphasis on doctrinal knowledge reflects the broader debate about how best to equip judges with the expertise required to interpret complex cases in a Muslim-majority legal system.
Alongside questions of doctrinal training, dress and formal presentation have also featured in discussions about women’s access to the judiciary. Some officials have argued that head coverings associated with modesty norms have influenced perceptions of professional environments, suggesting that certain attire might affect judgments about suitability for public roles. This dialogue illustrates how cultural norms surrounding appearance can become part of formal considerations about who may serve as judges and how they should present themselves in official capacities.
In recent years, public demonstrations in Kabul highlighted ongoing demands for freedom, education, and the right to work. These protests reflected broader aspirations among Afghan women for equal participation in civic life and professional fields, including the judiciary. Demonstrators called for the removal of barriers that limit women’s opportunities to contribute to the legal system and society at large. The display of solidarity underscored the connection between educational access, economic participation, and the integrity of the justice system in a changing political landscape.