Government of the Islamic Emirate of Afghanistan

The government of the Islamic Emirate of Afghanistan, referred to by the Taliban Islamic Movement as the Islamic Emirate, is the governing authority and system of Afghanistan. After the Afghan Civil War in 1996 until its overthrow in the US invasion of Afghanistan in 2001, the system of the Islamic Emirate governed a majority of Afghanistan. The governing structure of the Islamic Emirate was maintained throughout the ensuing Taliban insurgency, but did not govern the country. After the Fall of Kabul on August 15, 2021, the Islamic Emirate again became the de facto governing system of Afghanistan.

The Islamic Emirate
اسلامی امارت
Flag of the Taliban.svg
Formation
Governing document1964 Constitution of Afghanistan (amended to be compliant with Shari’a law; claimed but not enforced)
CountryAfghanistan
Websitealemarahenglish.af
Leadership
Head of stateLeader
Deputy head of stateDeputy Leader
Advisory councilLeadership Council
Meeting placeKandahar Governor’s Office, Kandahar
Executive
Head of governmentPrime Minister
Main bodyCabinet of Afghanistan
Deputy head of governmentDeputy Prime Minister
AppointerThe leader
HeadquartersArg, Kabul
Judiciary
CourtSupreme Court of Afghanistan
SeatGreat Massoud Road, Kabul

The Islamic Emirate of Afghanistan is temporarily governed under the Constitution of Afghanistan from 1964, amended to be compliant with Sharia law. However, the provisional constitution is currently unenforced to date.[1] On September 23, 2021, the Taliban Islamic Movement announced a constitutional commission will be formed in 2022 to draft a permanent constitution.[2] Others believe that a constitution drafted by the Ulema-e-Jaid in 1998 under Mohammed Omar is currently being enforced.[3]

Political power is vested with the Leader and Leadership Council of the Islamic Emirate of Afghanistan,[4][5] collectively referred to as the Leadership of the Islamic Emirate. Final approval concerning religious, public, military policy, and appointments, is made by the Leader in consultation with the Leadership Council.[5] As a result, the Leadership Council appoints and oversees the work of the Cabinet, the general staff of the Islamic Emirate Army, Supreme Court, provincial governors,[6] and municipal leaders.

Organizational chart of the “Islamic Emirate”

Leadership of the Islamic EmirateEdit

The de facto decision-making body of Afghanistan is officially called the Leadership of the Islamic Emirate,[7][8] consisting of the Leader and Leadership Council. Both entities are based out of Kandahar.

LeaderEdit

Officially known as the leader of the Islamic Emirate of Afghanistan, the position is the de facto head of state and supreme leader of Afghanistan. Currently, the Leadership Council appoints a new leader upon the death, or resignation of the former leader.[9] Historically, the first deputy leader of the Islamic Emirate of Afghanistan has always chosen as successor. There is no fixed term limit for the position, with the incumbent always holding office for life.[9]

In the current political setup the Leader exercises final approval on major appointments and decisions made by the Islamic Emirate. The Leader makes all senior legislative, executive, judicial, provincial and municipal appointments and/or dismissals for the Islamic Emirate.[5] These institutions include the members and commission heads of the Leadership Council, Cabinet, Supreme Court, and Islamic Emirate Army, provinces, and municipalities.[10][11][12] The Leader also directly appoints the Minister of Defence, Minister of Interior Affairs, and Minister of Foreign Affairs. Outside of appointments, and in conjunction with the Leadership Council, the Leader officially exercises oversight of the work of the Prime Minister and Cabinet.[5] The Leader may also issue decrees and/or special instructions through the Leadership Office directing the work of the judiciary, cabinet, and provincial governors.[13][8]

Leadership CouncilEdit

Officially called the Leadership Council of the Islamic Emirate of Afghanistan and also known by its Pashto name Rahbari Shura,[14] the Leadership Council is a consultative body to the Leader and deliberative body of the Islamic Emirate. In reality it functions as the de facto executive branch of the Islamic Emirate. Its members are appointed by the Leader who in turn choose their successor.

The Leadership Council is made up of 30 members, 18 of them being heads of the various commissions and departments making up the council.[15] In reality, the Leadership Council exercises de facto political power over Afghanistan instead of the Cabinet as 30 of the 33 members make up the Cabinet.[16] Because of this, most decisions made by the cabinet are really made in direct consultation and approval with the Leader and Leadership Council.

The following bodies make up the Leadership Council:

  • Border Commission
  • Commission for Agriculture, Livestock, Ushr and Zakat
  • Commission for Cultural Affairs
  • Commission for Financial Affairs
  • Commission for Preaching and Guidance, Recruitment and Propagation of Virtue and the Prevention of Vice
  • Commission for Prevention of Civilian Casualties and Complaints
  • Commission for Prisoners’ Affairs
  • Commission for Training, Learning and Higher Education
  • Commission of Military Affairs
  • Department for the Affairs of Needy, Orphans and Disabled
  • Department of Power Distribution
  • Economic Commission
  • Guidance and Invitation Commission
  • Health Commission
  • Institutional Commission
  • Intelligence Commission
  • Leadership Office
  • Mining Commission
  • Political Office (formerly Commission for Political Affairs)
Current membership[14][17]
Name Portfolio Position(s) held in interim government
Hasan Akhund
  • Head of the Leadership Council
Hibatullah Akhundzada
Sirajuddin Haqqani
Mullah Yaqoob
Abdul Ghani Baradar
  • Acting First Deputy Prime Minister
Abdul Hakim Ishaqzai
Sher Mohammad Abbas Stanikzai
  • Member
  • Deputy Head of the Political Office
  • Acting Deputy Foreign Minister
Ibrahim Sadr
  • Member
  • Acting Interior Minister (2021),
  • Acting Deputy Interior Minister (2021–present)
Abdul Qayyum Zakir
  • Member
  • Acting Defense Minister (2021),
  • Acting Deputy Defense Minister (2021–present)
Mohammad Fazl
  • Member of the Leadership Council
  • Member of the Political Office
  • Acting Deputy Defense Minister (2021)
Abdul Manan Omari
  • Member of the Leadership Council
  • Former Head of the Commission for Preaching and Guidance, Recruitment and Propagation of Virtue and the Prevention of Vice
  • Former Head of the Commission for Prevention of Civilian Casualties and Complaints
  • Acting Public Works Minister
Noor Mohammad Saqib
  • Member of the Leadership Council
  • Former Head of the Commission for Preaching and Guidance, Recruitment and Propagation of Virtue and the Prevention of Vice
Amir Khan Muttaqi
  • Head of the Leadership Office
  • Former Head of the Commission for Cultural Affairs
Abdul Salam Hanafi
  • Member of the Leadership Council
  • Former Deputy Head of the Political Office
  • Acting Second Deputy Prime Minister
Din Mohammad Hanif
  • Head of the Central Asia Department of the Political Office
Abdul Latif Mansur
  • Member of the Leadership Council
  • Former Head of the Commission for Agriculture, Livestock, Ushr, and Zakat
Mohammad Qasim Rasikh
  • Member of the Leadership Council
  • Former Head of the Guidance and Invitation Commission
Muhammad Zahid Ahmadzai
  • Member
Abdul Kabir
  • Head of the Commission for Preaching and Guidance, Recruitment and Propagation of Virtue and the Prevention of Vice
  • Acting Third Deputy Prime Minister
Norullah Noori
  • Member of the Leadership Council
  • Former member of the Political Office
Sayyid Abdul Rahman
  • Member
Gul Agha Ishakzai
  • Former Head of the Commission for Financial Affairs
Sheikh Sharif
  • Member
Faizullah Noorzai Akhtar Mohammed Mira Khan
  • Member
Taj Mir Jawad
  • Member of the Leadership Council
Hafiz Abdul Majeed
  • Member
Mullah Shirin Akhund
  • Member of the Leadership Council
  • Former Deputy Head of the Commission for Military Affairs for the Western Zone
  • Former Deputy Head of the Commission of Military Affairs for the Northeastern Zone
Abdur Razzaq
  • Member
Jabar Agha
  • Member
Hafiz Majid
  • Member
Mufti Abdul Rahman
  • Member

ExecutiveEdit

The Cabinet is the de jure executive branch of the Islamic Emirate of Afghanistan. Ministers making up the Cabinet are presided over by the Prime Minister with assistance of the First, Second, and Third Deputy Prime Ministers.

Prime MinisterEdit

The position is officially known as the Prime Minister of the Islamic Emirate of Afghanistan,[19] which presides over the Cabinet and is supposed to act as the head of government. Currently the Leader formally appoints and/or dismisses the prime minister and cabinet on independently or on recommendation from the Leadership Council.[20]

In reality the Prime Minister mainly presides over meetings of the Cabinet and oversees the functioning of the civil service.[21]

CabinetEdit

The Council of Ministers of the Islamic Emirate of Afghanistan is the de jure executive body of the Islamic Emirate of Afghanistan. In practice the ministries under the cabinet carry out the decisions of a respective commission or department within the Leadership Council.[22][23] The minister in charge in most cases is also the head of that commission. Independent decisions made by the Prime Minister and cabinet pertain primarily to the operation of the civil service.[21]

JudiciaryEdit

The judiciary of Afghanistan, officially called the Judiciary of the Islamic Emirate of Afghanistan,[24] currently consists of the Supreme Court, appeals courts, civil courts and city courts. All justices of the appeals, civil and city courts are presided over by Chief Justice of the Supreme Court.[25]

The judicial system is heavily criticized by legal and human rights for the complete lack of due process, extreme punishments, and lack of legal representation for defendants. However others argue that due to government corruption, the Taliban's judicial system is more quicker and effective at dispensing justice. Because of this, Talibani courts were often sought out by locals in rural areas to resolve cases.[26][27]

Supreme CourtEdit

The Supreme Court of the Islamic Emirate,[25] or Supreme Court of Afghanistan, is the final court of appeal in Afghanistan. Abdul Hakim Ishaqzai, who is Minister of Justice, currently presides over the court as Chief Justice. Beneath him are two deputy justices; Mohammad Qasim Rasikh and Sheikh Abdul Malik.[28]

Court of AppealsEdit

The Court of Appeals are the court of second instance at the provincial level. Each court is currently presided over by a chief Justice appointed by the Supreme Court.[25]

Civil CourtsEdit

Civil Courts operate at the provincial level in seven provinces of Afghanistan as a civil court of first instance, operating on the same level of the provincial Court of Appeals. As its name implies civil cases currently are handled at this level in their respective province. Each civil court is currently presided over by a chief justice appointed by the Supreme Court.

Provinces that currently have civil courts as of 2021 are Baghlan, Samangan, Faryab, Sar-I-Pul, Kunar, Maidan Wardak, and Nuristan.[25]

City and Municipal CourtsEdit

City Courts function as the court of first instance at the municipal level across Afghanistan. Each court is currently presided over by a chief justice appointed by the Supreme Court.[25]

Administrative divisionsEdit

ProvincesEdit

The provinces are headed by governors who are appointed by the Leader in consultation with the Leadership Council. The Governor in turn oversees the governing of the province through various departments to handle different aspects of governance, which are parallel to the ministries that make up the Cabinet on the national level.[29][30][31] The provincial governor presided over several district governors who were also appointed by the Leadership of the Islamic Emirate.[32]

DistrictsEdit

As with the Islamic Republic of Afghanistan, provinces are composed of several districts presided over by a governor. As with the provincial governor, the district's governor oversees their area's respective civil service.[32]

Security forcesEdit

Internal and external security of the Islamic Emirate of Afghanistan are the responsibility of the Ministry of Interior Affairs and Ministry of Defence respectively.[33] The heads of these two respective ministries are Mohammed Yaqoob, head of the Military Affairs Commission within the Rahbari Shura and son of Mullah Omar, and Sirajuddin Haqqani, head of the Haqqani Network.[34]

Currently the Islamic Emirate Army is subdivided into eight corps, mostly superseding the previous corps of the Afghan National Army.[35] In November 2021 Mullah Yaqoob, Acting Minister of Defense, announced the new names and of the corps.[36]

ReferencesEdit

  1. ^ "The Lawless Land: How Does the Taliban's Abolishing of Afghan Laws Affect Citizens' Security?". www.jurist.org. Retrieved 2022-02-12.
  2. ^ "Taliban plans to form 'commission' in 2022 to draft new constitution". ANI News. Retrieved 2022-01-17.
  3. ^ "What the Taliban's Constitution Means for Afghanistan". Fair Observer. 2022-01-26. Retrieved 2022-02-12.
  4. ^ "Taliban Cabinet has no 'actual' power and that's why they are fighting: Report". Hindustan Times. 2021-09-23. Retrieved 2022-01-17.
  5. ^ a b c d "What Role Will the Taliban's 'Supreme Leader' Play in the New Government?". thediplomat.com. Retrieved 2022-01-17.
  6. ^ Reuters (2021-11-07). "Taliban appoint members as 44 governors, police chiefs around Afghanistan". Reuters. Retrieved 2022-01-17.
  7. ^ "Statement from the Taliban: "Announcing the Death of the Leader of the Faithful Mullah Omar"". Lawfare. 2015-07-31. Retrieved 2022-01-17.
  8. ^ a b "Instructions of Amir-ul-Momenin (May Allah protect him) to governors about Afghans going to Western countries – Islamic Emirate of Afghanistan". Retrieved 2022-01-17.
  9. ^ a b "Statement from the Taliban: "Appointing a New Leader"". Lawfare. 2015-07-31. Retrieved 2022-01-17.
  10. ^ "Islamic Emirate Introduces New Members of Caretaker Cabinet". TOLOnews. Retrieved 2022-01-17.
  11. ^ "Abdul Hakim Haqqani appointed Afghanistan's chief justice". The Express Tribune. 2021-10-15. Retrieved 2022-01-17.
  12. ^ "Taliban name Kabul governor, mayor as part of new regime: Report". Hindustan Times. 2021-08-24. Retrieved 2022-01-17.
  13. ^ "Special Decree Issued by Amir-ul-Momenin on Women's Rights – Islamic Emirate of Afghanistan". Retrieved 2022-01-17.
  14. ^ a b Khan, Tahir; Tanzeem, Ayesha (29 August 2021). "Taliban Close to Formation of Cabinet, Announcement of New Government". Voice of America. Retrieved 10 February 2022.
  15. ^ "Analysis: How Are the Taliban Organized?". VOA. Retrieved 2022-01-17.
  16. ^ "Five Questions on the Taliban's Caretaker Government". United States Institute of Peace. Retrieved 2022-01-17.
  17. ^ Jones, Seth G. (December 2020). "Afghanistan's Future Emirate? The Taliban and the Struggle for Afghanistan". CTC Sentinel. Combating Terrorism Center. 13 (11). Retrieved 16 February 2022.
  18. ^ Farmer, Ben (7 May 2020). "Taliban founder's son appointed military chief of insurgents". The Daily Telegraph. Retrieved 9 February 2022.
  19. ^ Suhail Shaheen. محمد سهیل شاهین [@suhailshaheen1] (12 September 2021). "1/6 Mullah Mohammad Hasan Akhund, Prime Minister of the Islamic Emirate of Afghanistan met Sheikh Mohammad bin Abdur Rahman Al-thani, Deputy Prime Minister and Foreign Minister of the State of Qatar and Sheikh Mohammad bin Ahmad Al-Mosnad, Adviser to the Emir of Qatar" (Tweet). Archived from the original on 12 September 2021. Retrieved 21 February 2022 – via Twitter.
  20. ^ "Taliban announces new Afghanistan govt: Here's a full list of acting cabinet ministers". The Indian Express. 2021-09-08. Retrieved 2022-01-19.
  21. ^ a b "Acting PM of Afghanistan's Taliban gov't chairs cabinet meeting on economy". www.xinhuanet.com. Retrieved 2022-01-19.
  22. ^ "How the Taliban governs itself". How the Taliban governs itself. Retrieved 2022-01-19.
  23. ^ "Taliban Cabinet has no 'actual' power and that's why they are fighting: Report". Hindustan Times. 2021-09-23. Retrieved 2022-01-19.
  24. ^ "د افغانستان اسلامي امارت د ستري محکمې د میزان جرېدې لومړی ګڼه!". Twitter (in Pashto). ستره محکمه (Supreme Court of Afghanistan).
  25. ^ a b c d e "Supreme Court of the IEA appoints heads of the appellate courts – Islamic Emirate of Afghanistan". Retrieved 2022-01-22.
  26. ^ Welle (www.dw.com), Deutsche. "The disturbing trend of Taliban justice in Afghanistan | DW | 15.03.2017". DW.COM. Retrieved 2021-10-09.
  27. ^ Inside a Taliban court in Afghanistan. Al Jazeera English. 2 January 2015. Archived from the original on 9 October 2021. Retrieved 21 February 2022 – via YouTube.
  28. ^ "Abdul Hakim Haqqani appointed Afghanistan's chief justice". The Express Tribune. 2021-10-15. Retrieved 2022-01-22.
  29. ^ "Deputy Governor of Zabul meets representatives of Public Health Department – Islamic Emirate of Afghanistan". Retrieved 2022-01-22.
  30. ^ "Traffic department organizes 15-day driving course in Helmand: – Islamic Emirate of Afghanistan". Retrieved 2022-01-22.
  31. ^ "Director of Nangarhar Rural Rehabilitation and Development visits power project – Islamic Emirate of Afghanistan". Retrieved 2022-01-22.
  32. ^ a b "The Layha: Calling the Taleban to Account". Afghanistan Analysts Network - English (in Pashto). 2011-07-04. Retrieved 2021-10-09.
  33. ^ "Taliban announces new government in Afghanistan". www.aljazeera.com. Retrieved 2021-10-02.
  34. ^ "Who's Who In The Taliban: The Men Who Run The Extremist Group And How They Operate". RFE/RL. Retrieved 2021-10-02.
  35. ^ "Islamic Emirate Introduces New Members of Caretaker Cabinet". TOLOnews. Retrieved 2021-10-09.
  36. ^ Lalzoy, Najibullah (8 November 2021). "Taliban retitles all military corps in Afghanistan". The Khaama Press News Agency.