Shariah Law
The Constitution stipulates that Afghanistan is an Islamic republic, so it is possible for LGBT people in Afghanistan to be charged with violating Shariah law. This could happen in lieu of, or in additional to charges being brought under the penal code. Shariah law based punishment is more likely to occur in isolated, rural communities where private citizens and vigilant groups seek to punish anyone who does not follow strict Islamic mores.
In the cities, persons convicted of homosexuality are generally sentenced to prison. In 2004, an American advisor to the Afghanistan government was arrested and sentenced to a prison sentence for homosexual activities with an Afghan man. Other news reports have also noted that other men have been imprisoned for such engaging in same-sex sexual behavior.
Read more about this topic: LGBT Rights In Afghanistan
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