Law of Afghanistan

The legal system of Afghanistan consists of Islamic, statutory and customary rules. It has developed over centuries and is currently changing in the context of the rebuilding of the Afghan state. The supreme law of the land is the Sharia. In addition, there is complex legislation that stems from different historical periods. For instance, the so-called four volumes of civil law were developed on the basis of Egyptian models and promulgated in the time of the monarchy. Other legislation came into force under of President Daoud Khan, the Democratic Republic (1978-1992), the Mujahideen (1992-1996), the Taliban regime (1996-2001) and the current Islamic Republic of Afghanistan. Article 130 of the Afghan Constitution establishes that judges must apply the constitution and legislation and may only resort to Hanafi fiqh (one of the Schools of Islamic Law) if a necessary legal rule cannot be found in the written laws.[1]

Judicial SystemEdit

See alsoEdit

ReferencesEdit

  1. ^ Khan, Hamid M. (March 2015). Islamic Law, Customary Law, and Afghan Informal Justice. Washington, D.C.: United States Institute of Peace. Retrieved 31 May 2015.