Legal System of Afghanistan

Afghanistan is located in South Asia. It is geographically situated in southern asia, north and west of pakistan, east of iran. The country achieved independence on 19 august 1919 (from uk control over afghan foreign affairs). The capital is Kabul.

Government Overview

Government Type: theocratic; the United States does not recognize the Taliban Government Chief of State: Taliban Leader HAYBATULLAH Akhundzada (since 15 August 2021) Head of Government: overall Taliban Leader HAYBATULLAH Akhundzada is the [so-called] Amir-ul Momineen of the Taliban and is effectively the head of government Cabinet: the Taliban have announced a “cabinet” for the “caretaker government,” including the “acting prime minister,” “acting deputy prime ministers,” and “ministers” who claim to represent 26 ministries Administrative Divisions: 34 provinces (welayat, singular - welayat); Badakhshan, Badghis, Baghlan, Balkh, Bamyan, Daykundi, Farah, Faryab, Ghazni, Ghor, Helmand, Herat, Jowzjan, Kabul, Kandahar, Kapisa, Khost, Kunar, Kunduz, Laghman, Logar, Nangarhar, Nimroz, Nuristan, Paktika, Paktiya, Panjshir, Parwan, Samangan, Sar-e Pul, Takhar, Uruzgan, Wardak, Zabul National Holiday: previous: Independence Day, 19 August (1919); under the Taliban Government, 15 August (2022) is declared a national holiday, marking the anniversary of the victory of the Afghan jihad

Suffrage: 18 years of age; universal

Legal System

The legal system of Afghanistan is described as the Taliban is implementing its own interpretation of Islamic law, which is partially based on the Hanifi school of Islamic jurisprudence and have enforced strict punishments; before the Taliban takeover, Afghanistan had a mixed legal system of civil, customary, and Islamic law (2021) International Law: has not submitted an ICJ jurisdiction declaration; formerly accepted ICCt jurisdiction

Constitutional Framework

The constitution has the following history: several previous; latest ratified in 2004, but not currently enforced by the Taliban

Judicial Branch

Highest Court(s): the Taliban are purported to have appointed clerics, including a “Chief Justice,” to Afghanistan’s Supreme Court Subordinate Courts: provincial courts, religious courts, and specialty courts

Legislative Branch

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must have been born in - and continuously lived in - Afghanistan Suffrage: 18 years of age; universal

Historical Background

Ahmad Shah DURRANI unified the Pashtun tribes and founded Afghanistan in 1747. The country served as a buffer between the British and Russian Empires until it won independence from notional British control in 1919. A brief experiment in increased democracy ended in a 1973 coup and a 1978 communist countercoup. The Soviet Union invaded in 1979 to support the tottering Afghan communist regime, touching off a long and destructive war.

This article provides a summary of the legal system and governmental structure of Afghanistan based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.