Law in Afghanistan

A Study of the Constitutions, Matrimonial Law and the Judiciary

Series:

Kamali

Mohammad Hashim Kamali

Kamali, Mohammad Hashim

Kamali, Mohammad Hashim

Kamali, Mohammad Hashim

Mohammad Hashim Kamali

Abstract

This paper is presented in three parts and several sections. The first part consists of a stocktaking of recent developments and dynamics that have engaged President Hamid Karzai's government ever since he came to power in December 2001. A mixed picture is presented which draws attention to many problems that have impeded reconstruction efforts in the country. Some positive developments have also occurred including, for example, the introduction of a new constitution, presidential and parliamentary elections, as well as resumption of schooling for children that by mid-2006 had numbered four million throughout the country. An overview of the previous constitutions and a brief historical perspective attempt to show how leadership flaws and internal differences in the royal household plunged Afghanistan into a succession of coups, foreign invasions, and catastrophic consequences for its people. Are there any lessons to be learnt? The second part of this essay focuses on a review and analysis of the 2004 constitution with special reference to Islam, and the last part takes a similar approach to women's rights.