Legal System in Aghanistan Essay

5597 Words Dec 17th, 2013 23 Pages
Afghanistan- a state in turmoil:

This part will deal with the detailed analysis of the Russian legal system and also a critical analysis of the textual and contextual part of laws of the Islamic Republic of Afghanistan
According to the Constitution, Afghanistan is an Islamic Republic, independent, unitary and indivisible state. It aims at consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, for establishing a government based on people's will and democracy. Also for the first time, any constitution of this state has recognized and given place to human rights and fundamental rights. The government comprises of a Council of Ministers and a National Assembly. The
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These legal procedures may not include Shari ‘a or customary laws and work strictly on the need to promote common welfare. It mainly draws its power from its claim to be an exclusive source of legal authority that is enforceable on all people throughout the country. Civil law has only recently taken up any form or shape in the Afghan context, as the civil law was for the past many years, merely an extension of the Islamic law but the state always asserted the priority of its own laws over the application of traditional Shari ‘a law where those two conflicted. Yet, even at the height of its power the central government was unable to propagandize its writ throughout the nation. During 1978, the Soviet Rule when religious symbolism was removed from government to create a secular regime such a huge uproar was raised that the PPPDA Party had no option but to revert back to the old formula.
The Constitution, though gives a way out of this conflict where in case of a provision in the law, the Islamic law would not be applicable but in case there is no provision, the court would announce a verdict in accordance with the fundamental principles of Hanafi jurisprudence of Islamic Shari ‘a to secure justice in the best possible way.
These specifications clearly demonstrate the fact that Islamic law and customary law still affect the civil procedures in Afghanistan.
Executive Branch of government:
President:
The President of Afghanistan as

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