Former Afghan Justice Minister: Taliban Ban on Smartphones Has No Islamic Legal Basis
Fazl Ahmad Manawi, former Afghan Minister of Justice, has stated that the Taliban administration’s directive to restrict and ban the use of smartphones lacks any foundation in Islamic law and Hanafi jurisprudence. He described this move as an attempt to justify a political and security policy under the guise of religion.
Manawi wrote in a note on his Facebook page that the Taliban administration, in its latest measure, is seeking to limit and eventually ban the use of smartphones, trying to legitimize this decision by citing Islamic law. According to him, this approach is inconsistent with the accepted principles of Islamic jurisprudence.
Referring to the principle of “permissibility” (Ibaha) in Islamic jurisprudence, he explained that the default ruling on worldly objects and tools is permissibility unless there is an explicit religious text forbidding them. He believes that smartphones, like books, pens, and other communication tools, are neither inherently lawful (halal) nor unlawful (haram); rather, their ruling depends on how they are used.
The former Minister of Justice emphasized that depriving all people of a permissible tool due to the potential misuse by some individuals is incompatible with Hanafi jurisprudence principles. He added that smartphones today play a fundamental role in education, business, access to information, communication, and public services, and banning them could cause extensive social, educational, and economic harm.
Manawi also argued that banning a tool instead of reforming user behavior means punishing the majority because of the actions of a minority. He stated that just as books and pens are not banned due to misuse by some individuals, smartphones should not be prohibited either.
Meanwhile, the Taliban administration, under the directive of Hibatullah Akhundzada, the group’s leader, has banned the use of smartphones in government offices and certain centers, including universities. Documents obtained by the media indicate that a new order has been issued verbally to forbid members of the group and government employees from using these devices. Violators are referred to as “criminals,” and there is mention of the possibility of their being referred to a military court.
The Afghan Journalists Center reported that this order was issued during the Taliban leader’s meeting with several governors in Kandahar and has so far been communicated to the provinces of Paktia, Paktika, Khost, Logar, Balkh, Kunduz, Baghlan, Badghis, Badakhshan, Herat, Helmand, and Ghazni.
The Center condemned the decision, describing it as another step toward intensifying control over freedom of expression and limiting citizens’ access to information. Observers believe this move will further expand the scope of restrictions within administrative and educational sectors.
