The

legal system 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 an ...

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 borde ...

consists of

Islamic Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ma ...

statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

and

customary Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Norm (social), a r ...

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 Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...

. 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 President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...

Daoud Khan Mohammed Daoud Khan ( ps, ), also romanized as Daud Khan or Dawood Khan (18 July 1909 – 28 April 1978), was an Afghan politician and general who served as prime minister of Afghanistan from 1953 to 1963 and, as leader of the 1973 Afghan coup ...

, the

Democratic Republic A democratic republic is a form of government operating on principles adopted from a republic and a democracy. As a cross between two exceedingly similar systems, democratic republics may function on principles shared by both republics and democr ...

(1978-1992), the

Mujahideen ''Mujahideen'', or ''Mujahidin'' ( ar, مُجَاهِدِين, mujāhidīn), is the plural form of ''mujahid'' ( ar, مجاهد, mujāhid, strugglers or strivers or justice, right conduct, Godly rule, etc. doers of jihād), an Arabic term t ...

(1992-1996), the first Taliban regime (1996-2001), the

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 form ...

(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 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 a ...

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 e ...

(one of the Schools of Islamic Law) if a necessary legal rule cannot be found in the written laws.

Judicial System

The Judiciary system consists of five major courts: # The Supreme court: with the highest authority with nine members including the chief appointed by the president and the house of the people per Articles 117 and 118 of the Constitution. # The court of Appeals: composed of the chief, the heads of

Dewans ''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 e ...

, and other judicial members. Selection is based on experience and qualification. Per Article 31, the head of the General Criminal Dewan commonly serves as deputy head of the Court of Appeals. # The Primary courts: according to Article 40, primary courts are generally established within the Court of Appeal jurisdictions. New courts can be founded in the centers of provinces, with the approval of the Supreme court president. # The Juvenile court: this court is part of the primary court of every province and is made up of the head and three judicial members. The fundamental laws of this court follow Article 44. # The Commercial court: this optional court system can be established within provinces, and composed of the chief and four other judicial members. Per Article 45, commercial cases can be deliberated under Primary court when commercial courts aren’t available. Court cases are generally handled at the primary and appeal stages by three major judges. The cessation stage could also be deliberated with two or more participant judges, applying the constitution and laws of the Islamic Republic of Afghanistan.

References

{{Asia topic, Law of, IL=Israeli law

Judicial System

See also

References