Judiciary of Afghanistan
Encyclopedia
Afghanistan's judicial system is still under construction. The Justice Ministry is now working to set up a workable judicial system, but it seems to be taking some time.
Afghanistan’s judicial branch deteriorated during the Soviet occupation, and justice was administered by strict Islamic law
during the Taliban era (1996–2001). To replace the ad hoc system in place under the transitional government, the constitution of 2004 stipulated that the Supreme Court include nine justices appointed by the president, with approval of the Wolesa Jirga, for 10-year terms. At the next level are high and appeals courts under the jurisdiction of the Supreme Court. A National Security Court handles cases of terrorism and other threats to national security.
Every province has a lower and a higher court; one is the highest authoritative source called the Supreme Court and another is the Office of the Attorney General, whose main assignment is to investigate cases first referred to a court. Both the branches work together. The Supreme Court also has local branches at provincial and district levels. Judicial procedures are influenced by local authorities and traditions and the supply of trained jurists is very limited. The transitional government established an education program to prepare judges, prosecutors, and defense lawyers, and in the early 2000s some individuals had received foreign training. However, the nominal requirements for participation in the judiciary are relatively high, and the pay is quite low. The respective roles of Islamic
and secular law in the new national judicial system have not been well established; a large portion of the current law code is based on laws passed under the last king, Mohammad Zahir Shah (ruled 1933–73). In rural areas, where local elders and tribal authorities resolve criminal cases, Taliban laws have remained in effect, and verdicts often are based on Islamic and tribal law.
Afghanistan’s judicial branch deteriorated during the Soviet occupation, and justice was administered by strict Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
during the Taliban era (1996–2001). To replace the ad hoc system in place under the transitional government, the constitution of 2004 stipulated that the Supreme Court include nine justices appointed by the president, with approval of the Wolesa Jirga, for 10-year terms. At the next level are high and appeals courts under the jurisdiction of the Supreme Court. A National Security Court handles cases of terrorism and other threats to national security.
Every province has a lower and a higher court; one is the highest authoritative source called the Supreme Court and another is the Office of the Attorney General, whose main assignment is to investigate cases first referred to a court. Both the branches work together. The Supreme Court also has local branches at provincial and district levels. Judicial procedures are influenced by local authorities and traditions and the supply of trained jurists is very limited. The transitional government established an education program to prepare judges, prosecutors, and defense lawyers, and in the early 2000s some individuals had received foreign training. However, the nominal requirements for participation in the judiciary are relatively high, and the pay is quite low. The respective roles of Islamic
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
and secular law in the new national judicial system have not been well established; a large portion of the current law code is based on laws passed under the last king, Mohammad Zahir Shah (ruled 1933–73). In rural areas, where local elders and tribal authorities resolve criminal cases, Taliban laws have remained in effect, and verdicts often are based on Islamic and tribal law.