Manara Magazine’s editorial team followed up with Qazi (Judge) Marzia Babakarkhail to highlight an urgent call for safety for female judges and prosecutors still in Afghanistan.
A former family law judge in Afghanistan during the 1990s, Marzia Babakarkhail has dedicated her career to justice. In the wake of the Taliban’s return to power in August 2021, Marzia shifted her focus to championing women’s rights and leading a campaign to support female judges still in Afghanistan, facing imminent danger.
EDITORIAL TEAM: How has the Afghan judicial system changed since the Taliban regained control, and what effects have these changes had on justice and human rights in Afghanistan?
MARZIA BABAKARKHAIL: Afghanistan’s legal system has effectively been dismantled. The judiciary branch now operates without clear legal standards, rights protections, or due process. All former judges were removed and replaced by Taliban members educated in religious schools, with muftis acting as key advisors in legal proceedings. Women have been entirely excluded from judicial roles.
The independence of the legal profession has also been severely undermined. The Afghanistan Independent Bar Association (AIBA) was abolished, and the Taliban took over tasks to oversee lawyers. Under the new rules, male lawyers must pass a religious exam if they want to renew their licenses, while women are altogether banned from obtaining or renewing their legal credentials. Many lawyers with backgrounds in human rights, criminal law, or international work have been denied licenses altogether.
Legal professionals, particularly women, face systemic persecution, including death threats, attacks, arbitrary arrests, and enforced disappearances. Some have been executed, while others have been forced into hiding or exile. Female legal professionals are also at risk of domestic violence, forced marriages, and economic hardship.
What specific dangers and obstacles do female judges who remain in Afghanistan face?
Since the Taliban’s return to power, female judges in Afghanistan have faced significant challenges. Many of these judges played an essential role in upholding the rule of law and protecting human rights under the previous government. The Taliban’s sweeping reforms have negatively affected their safety, professional standing, and overall well-being.
Female judges have faced threats as a result of their past rulings, particularly those related to criminal law, human rights, and gender-based violence. Retaliation from individuals they had once sentenced is a risk they now have to contend with.
In addition to this, the general restrictions placed on women’s participation in public and professional life have created further obstacles. Women’s access to legal work, financial independence, education, and even free movement within the country has been blocked.
What measures would you recommend the international community take to effectively support Afghan legal professionals, especially female judges, who are at risk?
Help from the international community is essential in changing the situation on the ground. It is particularly urgent in the resettlement of Afghan female judges and prosecutors. I am engaging in discussions with international stakeholders on this critical issue, fully acknowledging that the decisions will ultimately rest with the respective governments. I plan to initiate dialogue with several countries to raise awareness and advocate for the protection and resettlement of these legal professionals.
The international community should push for the restoration of an independent legal system, the reinstatement of the Afghanistan Independent Bar Association, and the protection of lawyers’ rights, particularly for women in the profession. Measures must also be taken to ensure the safety of those targeted under the current regime.
How has the suspension of the U.S. Refugee Admissions Program (USRAP) under Executive Order 14163 affected Afghan judges and prosecutors seeking refuge, particularly those awaiting P-1 visa processing?
The suspension of the U.S. Refugee Admissions Program (USRAP) under Executive Order 14163 has significantly impacted Afghan judges seeking refuge, particularly those awaiting Priority 1 (P-1) visa processing. Signed on 20 January 2025, this executive order halted all refugee processing and travel globally, effectively pausing the intake of new cases, the processing of existing cases, and the movement of approved cases across all refugee categories, including P-1.
Afghan judges, who have been targeted due to their roles in the former judicial system, now face heightened risks. The suspension has left many in a precarious situation, unable to find safety through resettlement.
On 25 February 2025, a federal judge issued a preliminary injunction, ordering the resumption of USRAP processing. Despite this ruling, reports indicate that refugee processing has not fully resumed, leaving many applicants, including Afghan judges, in continued uncertainty.
Advocacy groups and legal organizations are actively working to address these challenges, emphasizing the urgent need to protect vulnerable individuals such as Afghan judges and female prosecutors.
What roles do resilience and justice continue to play in your work in advocacy?
I have learned that resilience is born from perseverance and especially the ability to adapt while facing adversity. Challenges in Afghanistan highlighted the profound strength that we can find in unity and the power of collective action. I think that justice is not a final destination but a continuous pursuit. It demands patience, unwavering commitment, and in the case of Afghanistan, courage too.
As a lifelong activist and a voice for the voiceless, I have come to understand that true strength lies in standing firm for one’s values, even in the most difficult times. Afghan women around the world are more united than ever, standing shoulder to shoulder to support our sisters in Afghanistan. In the face of hardship, our solidarity remains unshaken, and our hope for change unwavering.
I continue to work on the resettlement of judges—at least advocate for potential host countries to do as much as possible to facilitate this. My role as an advocate is to share the stories and challenges of those still in Afghanistan with policymakers and the media. Nevertheless, this is not an individual journey. I am hoping that my work can raise awareness among the general public in these countries too, and multiply our efforts to shine the light on Afghani legal professionals.
