Abstract
This chapter focuses on the concept of legal pluralism in Afghanistan. The chapter talks about the main players on the ground, that is, Islamic law, customary law, and state law (Qānūn). It reveals that legal pluralism is the main characteristic of Islamic law because Islamic law provisions have been made from more than ten sources. Furthermore, this chapter explains the concept of customary law in Afghanistan and its deep root in the unique social structure of Afghan society. In addition, it elucidates the history of the adoption of state laws in recent centuries and how it has developed up to date. This chapter also gives details regarding legal education in Afghanistan and provides the answer to the question of who becomes a judge in Afghanistan.
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Notes
- 1.
Dupret (2007), p. 2.
- 2.
Tamanaha (2008).
- 3.
Suhrke and Borchgrevink (2008), p. 2.
- 4.
Stanford Encyclopedia of Philosophy (2008). Isaiah Berlin. http://plato.stanford.edu/archives/spr2008/entries/berlin/. Accessed on 06, 07, 2021.
- 5.
Suhrke and Borchgrevink (2008), pp. 2–3.
- 6.
Tamanaha (2007), p. 375.
- 7.
Sherman (2006), pp. 158–159.
- 8.
- 9.
Suhrke and Borchgrevink (2008), pp. 211–230.
- 10.
- 11.
A good example is the looting/plundering cases, in which three judges in the same court, but in different court sessions, have made dissimilar decisions regarding cases with the same facts. In one case the judge sentenced the accused by 5 months in prison based on Article 130 of the Constitution, another judge sentenced the accused by 1 year and 6 months in prison based on Article 460 of the Penal Code. It will be discussed in more detail in the case study section.
- 12.
In many cases, if the state law is not clear, the Afghan courts send an inquiry to the Iftāʾ Department of the Supreme Court to issue a fatwa in the light of Sharia regarding the case.
- 13.
A driver of a truck was arrested and put on trial for transferring around 1000 donkey skins from Balkh province to Kunduz province in 2016. Will be discussed in the related chapter.
- 14.
See Chap. 7, Donkey Skin Case.
- 15.
See Chap. 6, Selling Dog Meat Case.
- 16.
See Chap. 5, Blasphemy Case of Parwīz Kāmbakhsh.
- 17.
The Constitution of Afghanistan (2004) Art. 130.
- 18.
Interview with Prof. Abdul Salaam Azimi (former Chief Justice of Afghanistan) Dated 29 September 2017. His view and others who agree and disagree with his opinion will be discussed in detail hereinafter.
- 19.
The Constitution of Afghanistan (2004) Art. 27: “No deed shall be considered a crime unless ruled by a law promulgated prior to commitment of the offense. No one shall be pursued, arrested, or detained without due process of law. No one shall be punished without the decision of an authoritative court taken in accordance with the provisions of the law, promulgated prior to commitment of the offense.”
- 20.
Penal Code of Afghanistan (1976) Art. 1.
- 21.
Criminal law procedure based on state law and Islamic criminal procedure will be discussed in further detail in the future.
- 22.
Civil Code of Afghanistan (1976) Art. 2, clause 2.
- 23.
Civil Code of Afghanistan (1976) Art. 2.
- 24.
Dupret (2007), p. 1.
- 25.
Central Intelligence Agency (2019). The World Factbook. https://www.cia.gov/-library/publications/the-world-factbook/geos/af.html Accessed 1 June 2019.
- 26.
Nadawī (1974), p. 34.
- 27.
Kamali (2014).
- 28.
The Constitution of Afghanistan (2004) Art. 1, “Afghanistan shall be an Islamic Republic […].”
- 29.
The Constitution of Afghanistan (2004) Art. 2, “The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan[…].”
- 30.
The Constitution of Afghanistan (2004) Art. 3, “No law shall contradict the tenets and provisions of the holy religion of Islam in Afghanistan.”
- 31.
Ministry of Awqāf and Islamic Affairs of Kuwait (2008), Vol. 1, p. 21.
- 32.
Abū Dāwūd (2009), p. 489.
- 33.
This can be known, for instance, from the renowned adhān of the Muʿādh ibn Jabal: when the Prophet was sending Muʿādh to Yemen as a ruler and judge, he was asked three questions as to what he would refer to when making decisions in his capacity as a judge! Muʿādh mentioned firstly the Qur’an, then the Sunnah of the Prophet, and then his own considered judgment and ijtihād. There was no reference to Sharia in this hadith nor to fiqh as such. See Kamali (2008), p. 4.
- 34.
Kamali (2008), pp. 4–5.
- 35.
Rushdī (1977), p. 63.
- 36.
However, some Muslim scholars claim that the Prophet Mohammad’s Sunnah is not considered as an independent source for Islamic Law and they believe that only Quran could be a source for Islamic Law. They called themselves Al-Qurʾāniyyūn (القرْآنیّون) See Ministry of Awqāf and Islamic Affairs of Kuwait (2008), Vol. 1, p. 41.
- 37.
From the above definition, it seems that the author of the mentioned book believes that Quran is considered both the meaning and the text together. However, it is a controversial issue among the Ḥanafī scholars whether Quran as direct words of Allah is only the meaning without text or considered the text and meaning together. In one narration, Imam Abū Ḥanīfa believed that only the meaning of the text of the Quran is considered as the direct words of Allah, not the text. Therefore, he allowed Muslims to perform prayers in their own language, rather than Arabic, if they can translate the verses of the Quran properly, but some Ḥanafī scholars said that Imam Abū Ḥanīfa changed his mind and said that both the meaning and text together considered Quran. See Abū Zuhra (n.d.), pp. 269–277.
- 38.
Taftāzānī (n.d.), p. 29.
- 39.
- 40.
Bassiouni (2014), pp. 49–50.
- 41.
Rohe (2014a), p. 66.
- 42.
Kamali (2003), pp. 229–230.
- 43.
Rohe (2014a), p. 74.
- 44.
Kamali (2003), p. 230.
- 45.
- 46.
Al-Sarakhsī (n.d.), p. 143.
- 47.
Rohe (2014a), p. 79.
- 48.
Kamali (2003), p. 264.
- 49.
- 50.
Al-Shāshī (n.d.), p. 13.
- 51.
The holy Quran, Sura al-Najm, (53: 3–4).
- 52.
Rohe (2014a), p. 86.
- 53.
Rohe (2014a), p. 91.
- 54.
- 55.
Al-Sarakhsī (n.d.), p. 223.
- 56.
ZuḤaylī (2006), pp. 255–280.
- 57.
Kamali (2003), p. 324.
- 58.
Rohe (2014b), p. 28.
- 59.
Kamali (2003), p. 325.
- 60.
The Holy Quran, al-Baqarah (2185).
- 61.
Abū Dāwūd (1999), Hadith No: 1392.
- 62.
Al-Sarakhsī (n.d.), p. 145.
- 63.
Originally “ʿurf” is an Arabic term, but like most other legal terms, it is very common in Afghanistan. In fact, with the exception of few terms, all legal terminology in Afghanistan is in Arabic.
- 64.
Ibn ʿĀbidīn (2019) Majmūʿa al-Rasāʾil ibn ʿĀbidīn: Risāla fī Nashr al-ʿUrf fī Bināʾ ba͑zul AḤkām ʿalā al-ʿUrf. http://waqfeya.com/book.php?bid=793. Accessed 6 March 2019.
- 65.
Barfield (2003), p. 2.
- 66.
A famous Ḥanafī scholar and the author of the Al-MuḤīṭ al-Burhānī book say that if someone slaughters his donkey and sell its meat, it is legal, but it is prohibited to consume it as food. Please see Al-Bukhārī (2004), p. 349.
- 67.
For example, the exchange rate of the Afghan currency “Afghānī or Afs” has been significantly changed because of the broken economy and political crises. For instance, the exchange rate for one USD was between 40 and 50 Afs in the late 1960s, but after a few years the exchange rate for one USD was about 100,000 Afs; following the collapse of the Taliban regime, the exchange rate for Afs again improved and one USD was valued at approximately 45 Afs. So, if someone borrowed 50,000 Afs in the late 1960s, its value was around $1000, but the same amount of Afs, after a few years, was less than $1. If a court found that a party owed 50,000 Afs, but the exchange rate had changed significantly, the courts have referred the case to the main market of money exchange in Kabul city (Sarai Shahzāda) and asked them how they would deal with such a case. The custom of businessmen was to check the exchange rate for the USD at the exact time he borrowed the money, then they asked for that much in USD, or Afghan currency currently equivalent to that amount, to match the value of the money he borrowed at that time.
- 68.
According to the Pashto Descriptive Dictionary (1978: 1272), Jirga is an original Pashto word, which in its common usage refers to the gathering of a few or a large number of people; it also means consultation according to this source. The word jirga is also used in Persian/Dari: according to Ghayāth al-Lughat (1871:119), it is derived from jirga, which means a “wrestling ring,” or “circle,” but is commonly used to refer to a gathering of people. See Wardak (2004).
- 69.
The term shūrā is an Arabic word that literally means “council.” The term shūrā is used by non-Pashtun villages to indicate the village council. Jirga is a Pashto term that also means “council,” although it translates literally to “circle,” which reflects the seating arrangements participants take in the countryside. There are several varieties of shūrā or jirga at the village level. Because shūrā exists to deal with issues as they arise, they are flexible in membership as well as in scope. The shūrā that is indicated here is at the smallest level. See Brick (2008), p. 7.
Jirga or shūrā is a group of individuals which meets only in response to a specific need in order to decide how to meet the need. In most cases, this need is to resolve a conflict between individuals, families, groups of families, or whole tribes.’ This description would seem to indicate that shūrā and jirga are fundamentally very similar Afghan informal (non-state) mechanisms of conflict resolution that operate in varying social and tribal contexts. See Wardak (2004).
- 70.
There are some other usages of the term Jirga and shūrā in Afghanistan that could be mentioned. The term Milli Shūrā (National Assembly) in Article 82 of the Afghan Constitution refers to the legislative body and consists of two houses: House of People and House of Elders. The first one is called Wolesi Jirga, and the second one is called Meshrano Jirga.
- 71.
The International Legal Foundation (2004).
- 72.
The term ghayra is an Arabic term and it means zealotry in English.
- 73.
The term peghur is a Pashto word and it means sarcasm in English.
- 74.
This section is mostly based on my personal experiences and observations as an Afghan.
- 75.
It is my personal experience as an Afghan.
- 76.
Pashtunwali: A collection of admirable behaviors of a true Pashtun that are accepted by most Pashtuns. A true Pashtun is not only to speak Pashto, but he has to behave according to those norms that are accepted as the main characteristics for a Pashtun. Pashtun must practice Pashto according to the ethical principles and its code of conduct.
- 77.
Ghayra: it is usually translated as zeal, but the concept of ghayra in the context of Afghanistan has a much deeper meaning and covers a much wider concept. It refers to any kind of sensitivities to those values that are accepted in society. This feeling may not be rational or according to Islamic principles, but people’s reaction is very strong. For instance, an outsider knowing the names of female family members is not against Islam because the names of Prophet Mohammad’s wives and daughters are widely known and Islam has no prohibition on disclosing Muslim family members’ name. However, if an Afghan female’s name is disclosed publicly, it can cause a big problem in society, especially in rural areas of Afghanistan.
- 78.
Tasali: in English, it may refer to consolation, but in Afghanistan it means making the victim and his family calm and convincing the victim or losing party to forgive or ignore the offenders.
- 79.
The term peghur in English may be translated to irony, scoff, taunt, jeer, etc. But it has a strong effect; an Afghan is made to feel peghur because of something that happened. To avoid peghur, most Afghans, especially Pashtuns, act very strongly and sometimes put themselves at high risk to be not subject to peghur.
- 80.
Nenawati: This is a Pashtun custom where a group of elders, including the criminal’s family, go to the victim’s family and ask for forgiveness. More often, female relatives of the criminal (mother, sister, and wife) play a significant role in this process by going to the victim’s family to express their apologies to help make the victim’s family ready for forgiveness.
- 81.
In English, it may refer to regret or being sorry.
- 82.
The proper translation of this term in English would be Forgiveness.
- 83.
Ashamed: This term carries a stronger meaning in the context of Afghanistan than its translation in English.
- 84.
In English, the term shame could be a better translation for this term.
- 85.
The United States Institute of Peace (2014), p. 42.
- 86.
Hashimi SM (2015) Advisory Workshop Regarding Field Assessment Report. Ministry of Justice of Afghanistan. http://moj.gov.af/fa/news/38308 Accessed 12 Dec 2015.
- 87.
Interview with Dr. Abdul Malik Kamawi (Member of the Supreme Court of Afghanistan). May, 17, 2017.
- 88.
The International Legal Foundation (2004) The Customary Law of Afghanistan. http://theilf.org/news/publications/ Accessed 24 Aug 2017.
- 89.
UNESCO (2016) Enhancement of Literacy in Afghanistan. https://uil.unesco.org/case-study/effective-practices-database-litbase-0/enhancement-literacy-afghanistan-afghanistan Accessed 20 Aug 2017.
- 90.
Otto (2008), p. 30.
- 91.
Center for Strategic & International Studies (2015) Why Are customary Pashtun Laws and Ethics Causes for Concern? https://www.csis.org/blog/why-are-customary-pashtun-laws-and-ethics-causes-concern. Accessed 23 Oct 2015.
- 92.
In bad, instead of punishing the criminal, one or more women of the blamed party must be given to the victim’s family as a servant or bride to compensate for the crime.
- 93.
- 94.
The Constitution of Afghanistan (2004) Art. 26: “Crime is a personal act. Investigation, arrest and detention of an accused as well as penalty execution shall not incriminate another person.” Also, the Penal Code of Afghanistan says: “No one can be punished, but in accordance with the provisions of the law, which has been enforced before commitment of the act under reference,” Penal Code of Afghanistan (1976) Art. 3.
- 95.
Be ghayra refers to a person, who is not zealous about his reputation or his family members.
- 96.
Dayyūth is an Arabic term and it means cuckold. This term is more insulting than the first one.
- 97.
The Independent Commission of Human Rights of Afghanistan, A Special Report, available at http://www.aihrc.org.af/fa/research-reports/1570/qatle-namosi-kholasa-gozarish.html accessed Oct, 5, 2017.
- 98.
The Constitution of Afghanistan (2004) Art. 94.
- 99.
Barfield (2003), p. 1.
- 100.
Alukūzay (1885), p. 26.
- 101.
- 102.
Hussami (2009), p. 38.
- 103.
Ghubār (2015), p. 915.
- 104.
Wakily Popalzaey (1990), p. 399.
- 105.
Mufti is an Arabic term that refers to a scholar who issues fatwas (nonbinding legal opinions) for people regarding their legal questions. The difference between a judge and Mufti is that a judge’s decision is binding and Mufti’s opinion is not. In accordance with the Islamic law principles, the Mufti must have a certain level of knowledge of the primary and secondary sources of Islamic law and shall be aware of the principles that make them capable to formulate legal opinions from the sources.
- 106.
Niẓām Nāma was a term that was used at a time in state laws. Because of the use of Sharia principles as law and the sensitivity of people when it comes to the term Qānūn (law), they used the term Niẓām Nāma. At that time, people were thinking that canon (law) is an imported term from the western countries and does not have roots in Islam, so the government used a different terminology.
- 107.
Hussami (2009), pp. 41–42.
- 108.
Farhang (1992), p. 545. These Niẓām Nāmas are available at http://www.moj.gov.af/content/files/egov/Nezamnama.htm also at Afghanistan Digital Library available at http://afghanistandl.nyu.edu/index.html.
- 109.
Niẓām Nāma Asāsī Dawlat Aleyah Afghānistān (1923) Art. 2.
- 110.
In Afghanistan, most people do not like the term “Qānūn” and believe that it is something against Sharia and came from western countries where people follow other religions (Christianity or Judaism). Therefore, the rulers did not use the term Qānūn; instead, they used the term Niẓām Nāma to avoid any misunderstanding and to decrease the level of sensitivity of the people to this term.
- 111.
Tarzee (1919).
- 112.
Interview with Judge Abdul Aziz (retired member of the Supreme Court). Dated 15 August 2015.
- 113.
The Civil Code of Afghanistan (1976) Art. 327.
- 114.
ʿAlāʾ al-Dīn (1986), p. 59.
- 115.
The Civil Code of Afghanistan (1976) Art. 2182.
- 116.
- 117.
- 118.
Law on Organization and Jurisdiction of the Judiciary Branch of Islamic Republic of Afghanistan (2013) Art. 13.
- 119.
- 120.
Barfield (2003), p. 2.
- 121.
King Amānallāh Khān wanted to quickly modernize and started reforming the legal system of the country by adopting the first Constitution. He also expanded womens’ rights and gave women more opportunities to enhance their capability to be more active in society. The religious leaders stood against him, which finally collapsed his regime.
- 122.
The Constitution of Afghanistan (2004) Art. 3.
- 123.
For example, Article 3 of the Constitution states: “No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.” In contrast, Article 7 of the Constitution says: “The state shall observe the United Nations Charter, inter-state agreements, as well as international treaties to which Afghanistan has joined, and the Universal Declaration of Human Rights. The state shall prevent all kinds of terrorist activities, cultivation and smuggling of narcotics, and production and use of intoxicants.” Obviously, there are some provisions in these international documents that contradict Islamic principles. For instance, Articles 16 and 18 of the Universal Declaration of Human Rights provide the right to have freedom of marriage and the right to free choice of religion, respectively; however, both of these rights face some issues in Islam.
- 124.
Layish (2004), p. 98.
- 125.
The Constitution of Afghanistan (2004) Art. 116.
- 126.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 5.
- 127.
The Constitution of Afghanistan (2004) Art. 117: “The Supreme Court shall be comprised of nine members, appointed by the President and with the endorsement of the House of People, and in observance of the provisions of clause three of Article Fifty as well as Article One Hundred Eighteen of this Constitution, shall be initially appointed in the following manner: Three members for a period of four years, three members for seven years, and three members for ten years. Later appointments shall be for a period of ten years. Appointment of members for a second term shall not be permitted. The President shall appoint one of its members as Chief Justice of the Supreme Court. Members of the Supreme Court, except under circumstances stated in Article One Hundred Twenty Seven of this Constitution, shall not be dismissed till the end of their term.”
- 128.
The Constitution of Afghanistan (2004) Art. 127: “If more than one third of the members of the House of People demand the trial of the Chief Justice of the Supreme Court or any of its members accused of a crime related to job performance or committing a crime, and, the House of People approves this demand by two thirds majority of all members, the accused shall be dismissed and the issue referred to a special court. The formation of the court and procedure of the trial shall be regulated by law.”
- 129.
The Constitution of Afghanistan (2004) Art. 118.
- 130.
The Constitution of Afghanistan (2004) Art. 119: “In the name of God, the Most Gracious, Most Merciful, I swear in the name of God Almighty to attain justice and righteousness in accordance with tenets of the Holy religion of Islam, provisions of this Constitution as well as other laws of Afghanistan, and to execute the judicial duty with utmost honesty, righteousness and impartiality.”
- 131.
The Constitution of Afghanistan (2004) Art. 120.
- 132.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 31.
- 133.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 24.
- 134.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 42.
- 135.
The Constitution of Afghanistan (2004) Art. 121.
- 136.
Haress (2017), p. 10.
- 137.
Haress (2017), p. 12.
- 138.
The Constitution of Afghanistan (2004) Art. 94: “Law shall be what both houses of the National Assembly approve and the President endorses, unless this Constitution states otherwise. In case the President rejects what the National Assembly has approved, the President shall send it back, within fifteen days from the date it was presented to the House of People mentioning the reasons for rejection, and, with expiration of the period of fi the House of People re-approves it with two thirds of all the votes, the draft shall be considered endorsed and enforceable.”
- 139.
The Constitution of Afghanistan (2004) Art. 128.
- 140.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 52.
- 141.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 53.
- 142.
Interview with Judge Nasremenallah (chief judge of the second judicial zone of Kabul). Dated 12 November 2018.
- 143.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 54.
- 144.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 62.
- 145.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 77.
- 146.
Law on Organization and Jurisdiction of the Judiciary Branch (2013) Art. 74.
- 147.
Law on Structure and Jurisdiction of Special Courts (April 2014) Art. 3.
- 148.
The Constitution of Afghanistan (2004) Art. 69: “The President shall be responsible to the nation as well as the House of People in accordance with the provisions of this Article. Accusations of crimes against humanity, national treason as well as a crime against the President shall be demanded by one third of all members of the House of People. If this demand is approved by two thirds of the House of People, the House of People shall convene the Loya Jirga within one month. If the Loya Jirga, by two-thirds majority, approves the accusation, the President shall be released from duty and the issue shall be referred to a special court, which shall be comprised of the President of the House of Elders, three members of the House of People, and three members of the Supreme Court appointed by the Loya Jirga. The case shall be presented by the individual appointed by the Loya Jirga. In such a situation the provisions of Article Sixty-Seven of this Constitution shall be applied.”
- 149.
The Supreme Court has a special judiciary training program called (Judiciary Training Stage Course). The Sharia, Law, and the madrasa graduates attend a competitive entrance exam and only 100 people get admission to that program.
- 150.
Sirat (1969), p. 218.
- 151.
Interview with Dr. Taqi Munaqebi (legal advisor for Asia Foundation in Kabul) and Dr. Munir Ahmad Azizi (the focal point of Asia Foundation for Ministry of Higher Education) regarding Law and Sharia faculties’ curriculum development program, December 2019.
- 152.
The new law faculties’ curriculum has been reviewed and developed in several meetings of law faculties’ members from most law faculties at public and private universities and submitted the final draft of a unified curriculum for approval of MoHE on 6 Feb 2019.
- 153.
I am a member of both, law and Sharia faculties’ curriculum reviewing committee and most of the Sharia faculty members are in favor of adding more law courses in the Sharia faculty curriculum to cover the weakness of Sharia graduates in terms of positive laws.
- 154.
The Constitution of Afghanistan (2004) Art. 132.
- 155.
The Constitution of Afghanistan (2004) Art. 123.
- 156.
The Constitution of Afghanistan (2004) Art. 92.
- 157.
Insilāk is a certificate, which is signed by the President and officially authorizes judges to adjudicate cases in the court.
- 158.
Law on Organization and Jurisdiction of the Judiciary (2013) Art.4, clause 16.
- 159.
Law on Organization and Jurisdiction of the Judiciary (2013) Official Gazette No 1109, Art. 81.
- 160.
All Laws on Organization and Jurisdiction of the Judiciary enacted in 1965, 1967, 1981, 1989, 1991, and 2005 gave priority to law graduates rather than Sharia graduates.
- 161.
Law on Organization and Jurisdiction of the Judiciary (1981) Official Gazette No 479, Art. 105, clause 3.
- 162.
Madrasa is a religious high school with a more focused curriculum on classical Islamic sources.
- 163.
Williams (1981–1982), p. 249.
- 164.
Prof. Abdul Satar Sirat, dean of the Sharia faculty at Kabul University (1960–1969) and a former Minister of Justice, chief justice, and special advisor to the Prime Minister of Afghanistan (1969–1973).
- 165.
Sirat (1969), p. 217.
- 166.
Sirat (1968), p. 569.
- 167.
Interview with Mawlawī Mohammad Shuayb Saiqali (head of Religious Studies Department at MoH). Dated 8 Feb 2019.
- 168.
Mullah is a general term used for those who have knowledge of Islamic sciences.
- 169.
Mawlawī is a term that usually refers to religious people who have a higher level of knowledge and are capable of teaching students (Ṭālibān) in madrasas.
- 170.
Interview with Mawlawī Mohammad Shuayb Saiqali (head of Religious Studies Department at MoH). Dated 8 Feb 2019.
- 171.
The Constitution of Afghanistan (2004) Art. 117.
- 172.
Asadullah Jahedi, Editor in Chief (2013), p. 207.
- 173.
Pajhwok Afghan News (2019) Pajhwok Afghan News (2019) Biography of the Supreme Court Members. http://elections.pajhwok.com/en/content/biography-supreme-court-members. Accessed 29 Jan 2019.
- 174.
Asadullah Jahedi, Editor in Chief (2013), p. 209.
- 175.
Pajhwok Afghan News (2019) Pajhwok Afghan News (2019) Biography of the Supreme Court Members. http://elections.pajhwok.com/en/content/biography-supreme-court-members. Accessed 29 Jan 2019.
- 176.
Ibid.
- 177.
Asadullah Jahedi, Editor in Chief (2014), p. 141.
- 178.
Asadullah Jahedi, Editor in Chief (2016), p. 230.
- 179.
Pajhwok Afghan News (2019) Pajhwok Afghan News (2019) Biography of the Supreme Court Members. http://elections.pajhwok.com/en/content/biography-supreme-court-members. Accessed 29 Jan 2019.
- 180.
Ibid.
- 181.
Asadullah Jahedi, Editor in Chief (2013), p. 210.
- 182.
Pajhwok Afghan News (2019) Pajhwok Afghan News (2019) Biography of the Supreme Court Members. http://elections.pajhwok.com/en/content/biography-supreme-court-members. Accessed 29 Jan 2019.
- 183.
Asadullah Jahedi, Editor in Chief (2013), p. 208.
- 184.
Pajhwok Afghan News (2019) Biography of the Supreme Court Members. http://elections.pajhwok.com/en/content/biography-supreme-court-members. Accessed 29 Jan 2019.
- 185.
Asadullah Jahedi, Editor in Chief (2013), p. 207.
- 186.
Pajhwok Afghan News (2019) Pajhwok Afghan News (2019) Biography of the Supreme Court Members. http://elections.pajhwok.com/en/content/biography-supreme-court-members. Accessed 29 Jan 2019.
- 187.
Supreme Court of the Afghanistan, http://supremecourt.gov.af/en/page/ff614/619/44457 Accessed 7 Feb 2019.
- 188.
http://supremecourt.gov.af/fa/page/ff614/619/44458 Accessed 7 Feb 2019.
- 189.
Asadullah Jahedi, Editor in Chief (2016), p. 131.
- 190.
Asadullah Jahedi, Editor in Chief (2014), p. 137.
- 191.
Supreme Court of Afghanistan http://supremecourt.gov.af/fa/page/ff614/619/44459 Accessed 7 Feb 2019.
- 192.
Supreme Court of Afghanistan http://supremecourt.gov.af/page/ff614 Accessed 7 April 2019.
- 193.
Asadullah Jahedi, Editor in Chief (2017), p. 173.
- 194.
Supreme Court of Afghanistan http://supremecourt.gov.af/fa/page/ff614/619/44460 Accessed 7 April 2019.
- 195.
Supreme Court of Afghanistan http://supremecourt.gov.af/fa/page/ff614/619/44461 Accessed 7 April 2019.
- 196.
Najm al-Madāris Madrasa is one of the ten oldest madrasas in Afghanistan, which is located in Jalalabad city of Nangarhar province is located in the east of Afghanistan.
- 197.
Asadullah Jahedi, Editor in Chief (2017), p. 169.
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Saeed, L. (2022). Legal Pluralism in Afghanistan. In: Islam, Custom and Human Rights. Interdisciplinary Studies in Human Rights, vol 7. Springer, Cham. https://doi.org/10.1007/978-3-030-83086-1_2
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