Customarys dynamic relationship with Islamic law in terms of afghan womens rights

Abstract

This article aims to study the dynamic relationship of customary with Islamic Law regarding women's rights in Afghanistan and clarify that while Islamic Law and Positive Law exist; thence, people deprive women. Therefore, it answered the following questions; what is the dynamic relationship between customary and Islamic Law? Why do Afghans prefer customs to Islamic Law and Civil Law? What kind of rights are women deprived of in Afghanistan? Furthermore, this library-based research defined Islamic Law, the customary, and the relationship between the Customary to Islamic Law and statutes. Then, this article argued the legal status of women, like forced marriage, underage marriage, deprivation of the right of inheritance, taking widows as inheritance, and giving daughters for blood money. Likewise, it argued the superiority of customs over the laws, like the fragmentation of the Laws, Ulama's weak position on women's rights, family stigma, women's poverty, women's ignorance, and non-enforcing the laws.