Law Of Afghanistan
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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 first Taliban regime (1996-2001), the Islamic Republic of Afghanistan (2004–2021) and the current Islamic Emirate 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. Judicial ...
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List Of Country Legal Systems
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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Islamic Republic Of Afghanistan
The Islamic Republic of Afghanistan was a presidential republic that ruled Afghanistan from 2004 to 2021. The state was established to replace the Afghan interim (2001–2002) and transitional (2002–2004) administrations, which were formed after the 2001 United States invasion of Afghanistan that had toppled the partially recognized Taliban-ruled Islamic Emirate of Afghanistan. However, on 15 August 2021, the country was recaptured by the Taliban, which marked the end of the 2001–2021 war, the longest war in US history. This led to the overthrow of the Islamic Republic, led by President Ashraf Ghani, and the reinstatement of the Islamic Emirate under the control of the Taliban. The United Nations still recognizes the Islamic Republic as the legitimate government of Afghanistan instead of the Islamic Emirate, the ''de facto'' ruling government. The US–Taliban deal, signed on 29 February 2020 in Qatar, was one of the critical events that caused the collapse of the Af ...
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Capital Punishment In Afghanistan
Capital punishment is a legal punishment in Afghanistan. The methods used hanging and shooting. Stoning, amputation, and flogging were used as a method for punishment, especially during the Islamic Emirate of Afghanistan (1996–2001). Capital offences The capital offences include the serious crimes and are governed by Sharia laws, along with civil laws. The capital offences includes: * Adultery * Fornication (females only) * Murder * Apostasy * Arson * Blasphemy * Homosexual intercourse * Espionage * Perjury * Terrorism Notable executions * 1999/2000 - A Taliban executioner executes a woman in public. *April 2004 – Abdullah Shah executed inside the Pul-e-Charkhi prison outside Kabul. *October 2007 – Fifteen prisoners were executed by shooting inside Pul-e-Charkhi prison in Kabul, including Reza Khan. *June 2011 – Two mass killers were executed by hanging in Pul-e-Charkhi prison. One of the killers was Zar Ajam, a 17-year-old from Waziristan, Pakistan, who had random ...
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Ministry Of Justice (Afghanistan)
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Law Enforcement In Afghanistan
Law enforcement in Afghanistan is one of three major components of the nation's criminal justice system, along with courts and corrections. The General Directorate of Intelligence (GDI) is the intelligence agency of the government of Afghanistan. The Afghan National Police, which includes the Afghan Border Police and the Afghan National Civil Order Police, was the police force of Afghanistan with jurisdiction that covers the entire 34 provinces of the country during the Islamic Republic period. The Islamic Emirate of Afghanistan currently relies on the Islamic Emirate Army to handle border protection and public order issues. The Afghan Border Police (ABP) was responsible for securing and maintaining the nation's borders with neighboring states as well as all international airports within the country. The mission of the Afghan National Civil Order Police (ANCOP) was to provide civil order presence patrols, prevent violent public incidents, and provide crisis and anti-terror resp ...
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Dewan
''Dewan'' (also known as ''diwan'', sometimes spelled ''devan'' or ''divan'') designated a powerful government official, minister, or ruler. A ''dewan'' was the head of a state institution of the same name (see Divan). Diwans belonged to the elite families in the history of Mughal and post-Mughal India and held high posts within the government. Etymology The word is Persian in origin and was loaned into Arabic. The original meaning was "bundle (of written sheets)", hence "book", especially "book of accounts," and hence "office of accounts," "custom house," "council chamber". The meaning of the word, ''divan'' "long, cushioned seat" is due to such seats having been found along the walls in Middle Eastern council chambers. It is a common surname among Sikhs in Punjab. Council The word first appears under the Caliphate of Omar I (A.D. 634–644). As the Caliphate state became more complicated, the term was extended over all the government bureaus. The ''divan of the Sublime P ...
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Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ...
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Hanafi
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases an ...
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Islamic Emirate Of Afghanistan (1996–2001)
The Islamic Emirate of Afghanistan ( ps, د افغانستان اسلامي امارت, '), also referred to as the First Islamic Emirate of Afghanistan, was an Islamic state established in September 1996, when the Taliban began their governance of Afghanistan after the Battle of Kabul (1992–1996)#1996, fall of Kabul. At its peak, the Taliban government controlled approximately 90% of the country, while remaining regions in the northeast were held by the Northern Alliance, which maintained broad Diplomatic recognition, international recognition as a continuation of the Islamic State of Afghanistan. After the September 11 attacks and subsequent declaration of a "War on terror, War on Terror" by the United States, international opposition to the regime drastically increased, with diplomatic recognition from the United Arab Emirates and Pakistan being rescinded. The Islamic Emirate ceased to exist on 7 December 2001 after being Fall of Kandahar, overthrown by the Northern Al ...
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Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran border, west, Turkmenistan to the Afghanistan–Turkmenistan border, northwest, Uzbekistan to the Afghanistan–Uzbekistan border, north, Tajikistan to the Afghanistan–Tajikistan border, northeast, and China to the Afghanistan–China border, northeast and east. Occupying of land, the country is predominantly mountainous with plains Afghan Turkestan, in the north and Sistan Basin, the southwest, which are separated by the Hindu Kush mountain range. , Demographics of Afghanistan, its population is 40.2 million (officially estimated to be 32.9 million), composed mostly of ethnic Pashtuns, Tajiks, Hazaras, and Uzbeks. Kabul is the country's largest city and ser ...
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Islamic State Of Afghanistan
The Islamic State of Afghanistan ( fa, , ''Dawlat-i Islāmī-yi Afghānistan'', ps, , ''Da Afghanistan Islami Dowlat'') was the government of Afghanistan, established by the Peshawar Accords on 26 April 1992 by many, but not all, Afghan mujahideen parties, after the fall of the communist government. Its power was limited due to civil war. When the Taliban took control of Kabul in 1996, it transitioned to a government in exile and led the Northern Alliance against the partially recognized Islamic Emirate of Afghanistan. In the aftermath of the 2001 United States-led invasion of Afghanistan and victory by the Northern Alliance, the Islamic State briefly regained control of the country. In 2002, it was formally succeeded by the Transitional Islamic State of Afghanistan. Background In March 1992, President Mohammad Najibullah, having lost the Russian support that upheld his government, agreed to resign and make way for a neutral, interim government. Several mujahideen ...
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Democratic Republic Of Afghanistan
The Democratic Republic of Afghanistan (DRA),, renamed the Republic of Afghanistan, in 1987, was the Afghan state during the one-party rule of the People's Democratic Party of Afghanistan (PDPA) from 1978 to 1992. The PDPA came to power through the Saur Revolution, which ousted the regime of the unelected autocrat Mohammed Daoud Khan; he was succeeded by Nur Muhammad Taraki as the head of state and government on 30 April 1978. Taraki and Hafizullah Amin, the organizer of the Saur Revolution, introduced several contentious reforms during their rule, such as land and marriage reforms and an enforced policy of de-Islamization alongside the promotion of socialism. Amin also added on the reforms introduced by Khan, such as Universal access to education, universal education and Women in Afghanistan, equal rights for women. Soon after taking power, a power struggle began between the hardline ''Khalq'' faction led by Taraki and Amin, and the moderate ''Parcham'' faction led by Ba ...
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