Legal System in Aghanistan

In: Social Issues

Submitted By Shreya30
Words 5584
Pages 23
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 President is the head of the state and the Commander-in-chief of the army. The country has been through many political upheavals and the current constitution was adopted post withdrawal of American NATO forces and an executive president was elected. The National Assembly is composed of the House of People(Woleshi Jirga) and the House of Elders (Meshrana Jirga). The first legislature was elected in 2005 and then re-elected in 2010. The current parliamentary members mostly comprise of former mujahedeen, Islamic fundamentalists, reformists, communists and several Taliban members.
The current Afghanistan government system consists of three branches of power- executive, legislature and judiciary overseen by a system of checks and balances.
The Afghanistan legal system is mostly a mixture of civil, customary and Islamic law. In contrast to most nation states where State power has removed all other contenders for legal authority, the popularity of customary and Islamic law has not yet waned. The constitution describes Islam as its acre and state religion. A system of civil law is described but no law may contradict the beliefs and provisions…...

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