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5/ Across the 20-odd districts, there was pretty much the same type of structure/procedure in each court – w some variations For ex: where there was fighting, it was predictably less orderly, less likely to conform to the “norm” of the courts in strongly Taliban influenced areas
6/ There's a long-standing narrative that ppl “choose” Taliban courts bc they are faster/fairer/better But where we did research, Taliban courts had displaced govt courts and coopted/cowed elders For civilians living in these places, it was pretty much Talib justice or nothing
7/ The real question is can the current govt legal system and the Taliban system be reconciled? If/when IAN move forward, what does that discussion look like? What is interesting is that on things like inheritance and property, the state and Taliban don’t seem *that* far apart
8/ Both govt civil law and Taliban courts rely on Hanafi jurisprudence, which has pretty clear norms on things like property rights, inheritance, debt, etc. (oversimplifying for brevity; there's the GoA Shia status law, which follows Shia tradition + lots of nuance I'm skipping)
9/ One can either look at that as depressing on gender norms or reassuring on the feasibility of power-sharing (and again, it's more complex than tweets allow for) Either way, it provides a basis of some ideological common ground when talking about the future rule of law in IAN
10/ We interviewed 30 or so women who sought out and *brought* claims to Taliban courts. And we concluded… We need to interview more women. Risk of selection bias, and the usual caveats It’s incredibly complex. Go read the paper. Here’s what sticks with me though…
11/ The specific women - in rural areas, mind you - that we interviewed had so little access to justice writ large. State courts didn’t help or they couldn’t access them. They couldn’t find justice through elders. They had no other hope. It was crushing.
12/ Finally: we didn’t look at many criminal cases or crimes against god (to keep the scope manageable). This is where hudud punishments - and a lot of human rights concerns - come in. And that's a big gap in our research but also the broader understanding of Taliban courts
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