Hadi Shinwari
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Fazal Hadi Shinwari (1927 – February 21, 2011) was an Afghan cleric who served as the Chief Justice of the Supreme Court of Afghanistan from 2001 until 2006. He was appointed to the post by
Afghan President The president of the Islamic Republic of Afghanistan was constitutionally the head of state and head of government of the Islamic Republic of Afghanistan (2004–2021) and Commander-in-Chief of the Afghan Armed Forces. On 15 August 2021, as th ...
Hamid Karzai in accordance with the
Afghan Constitution The 2004 Constitution of Afghanistan was the supreme law of the Islamic Republic of Afghanistan, which lasted from 2004 - 2021. It served as the legal framework between the Afghan government and the Afghan citizens. Although Afghanistan (Afghan ...
approved after the 2001 overthrow of the
Taliban government The government of Afghanistan, officially called the Islamic Emirate of Afghanistan, is the central government of Afghanistan, a unitary state. Under the leadership of the Taliban, the government is a theocracy and an emirate with political powe ...
. An ethnic Pashtun from Jalalabad, Afghanistan, he was a member of the
Ittehad-al-Islami The Islamic Dawah Organization of Afghanistan ( ps, د اسلامي دعوت تنظيم افغانستان, fa, تنظیم دعوت اسلامی افغانستان, ''Tanzim-e Dahwat-e Islami-ye Afghanistan'') is a political party in Afghanistan ...
party. Shinwari died in February 2011 from
stroke A stroke is a medical condition in which poor blood flow to the brain causes cell death. There are two main types of stroke: ischemic, due to lack of blood flow, and hemorrhagic, due to bleeding. Both cause parts of the brain to stop functionin ...
.


Early years

Shinwari was born in the Haska Mina village of
Shinwar Shinwar ( ps, شينوار ولسوالۍ, fa, ولسوالی شینوار) is a district in Nangarhar Province, Afghanistan. It is on the main highway from Jalalabad to the Torkham border crossing. Its population, which is 100% Pashtun, was est ...
in Nangarhar Province, Afghanistan. He completed Islamic studies in Kabul and became a teacher at ''Ibn-i-Sina High School'' in 1954. A few years later he moved to Nangarhar and in 1974 he migrated to neighboring Pakistan.Former chief justice dies due to brain hemorrhage
/ref> In 2002, Shinwari was appointed Chief Justice by
Afghan President The president of the Islamic Republic of Afghanistan was constitutionally the head of state and head of government of the Islamic Republic of Afghanistan (2004–2021) and Commander-in-Chief of the Afghan Armed Forces. On 15 August 2021, as th ...
Hamid Karzai. In 2003 Shinwari spoke out against co-education—the education of boys and girls in shared facilities—while clarifying that he did not object to the education of girls and women in principle, just not in facilities shared with men and boys. Shinwari also led the Supreme Court's efforts to ban
Cable TV Cable television is a system of delivering television programming to consumers via radio frequency (RF) signals transmitted through coaxial cables, or in more recent systems, light pulses through fibre-optic cables. This contrasts with broadc ...
. According to '' Eurasianet'' Shinwari was responsible for re-instating the ministry formerly known as the " Ministry for the Promotion of Virtue and Prevention of Vice". : On December 8, 2004 Shinwari administered the oath of office to Hamid Karzai when he was elected President of Afghanistan. Shinwari addressed the 17 Afghan who had been held in Guantanamo whose Combatant Status Review Tribunals determined they had never been " enemy combatants" after all. Their Tribunals had been held between August 2, 2004 and late January 2005. Carlotta Gall of '' The New York Times'' reported that the Chief Justice encouraged the men to regard their detention as something sent from God. The reports stated that the Chief Justice warned the cleared men that a candid description of their detention could damage the chances of other Afghan captives to be released. : Shinwari is also reported to have distinguished between three categories of Guantanamo captives: : In 2006, President Karzai renominated Shinwari to the position of Chief Justice, despite constitutional concerns regarding his degree in Islamic law. However, the parliament rejected the nomination. Shinwari served as Chief Justice until a new candidate, Abdul Salam Azimi, was approved by parliament. By Western standards, he was widely considered to be a very conservative Islamist, and in his short term as chief justice some of the court's rulings included: * the court, during the 2004 presidential election campaign, sought to ban a candidate who questioned whether polygamy was in keeping with the spirit of Islam; * they have called for an end to cable television service in the country, at least pending government regulation, due in part to the apparent influence of films from Bollywood, which were allegedly prurien

* the court upheld the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
for two journalists convicted of
blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
for saying the Islam being practised in the country was reactionary; * they banned women from singing on televisio

and * they ruled that a girl, given as a bride when 9 years old and now 13, could not get a divorce from her abusive husband. According to the
International Crisis Group The International Crisis Group (ICG; also known as the Crisis Group) is a transnational non-profit, non-governmental organisation founded in 1995. It is a think tank, used by policymakers and academics, performing research and analysis on global ...
Shinwari appointed 128 judges, in addition to the original nine, and that of the credentials of 36 judges they were able to examine, none of the new judges had a degree in secular law: :


Saudi peace talks

During Ramadan, 2008, there were rumors that Saudi King Abdullah was attempting to broker peace talks between the warring parties from Afghanistan. Former Taliban Foreign Minister Wakil Ahmad Mutawakil former Taliban Ambassador to Pakistan
Abdul Salem Zaeef Mullah Abdul Salam Zaeef (; born 1967) is an Afghan diplomat who was the Afghan ambassador to Pakistan before the US invasion of Afghanistan. He was detained in Pakistan in the fall of 2001 and held until 2005 in the Guantanamo Bay detainment c ...
and Shinwari were among leading Afghan figures who met with King Abdullah. Zaeef acknowledged being invited by King Abdullah to dine with other leading Afghan figures, from the Karzai government, the Taliban, Gulbuddin Hekmatyar's
Hezb-e-Islami Hezb-e-Islami (also ''Hezb-e Islami'', ''Hezb-i-Islami'', ''Hezbi-Islami'', ''Hezbi Islami''), lit. Islamic Party, was an Islamist organization that was commonly known for fighting the Communist Government of Afghanistan and their close ally ...
and other former members of the Taliban. Zaeef denied this meeting should be characterized as "peace talks". He stated that none of the individuals at this meeting had been authorized to conduct negotiations. Zaeef denied anyone discussed Afghanistan at this meeting.


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External links

{{DEFAULTSORT:Shinwari, Faisal Ahmad 1927 births 2011 deaths Afghan Sunni Muslims Pashtun people Sharia judges Supreme Court Justices of Afghanistan