HashimKamali

Friday, 26 August 2005 15:58

Islam and its Shariah in the Afghan Constitution 2004 with Special Reference to Personal Law

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Introductory Remarks

This essay is presented in seven sections, beginning with a discussion of Art. 1 of the Afghan Constitution of 2004 (hereafter: Constitution 2004), which declared Afghanistan an Islamic republic. This is followed by a brief look at the position of the Head of State, and then an analysis of Art. 130 and 131 Constitution 2004 on the application of hanafi and shi'i jurisprudence respectively in the legal order of Afghanistan. The 2004 Constitution broke new ground by recognizing shi'i jurisprudence as a source of law in Afghanistan............. Download the full article in pdf attachment (below)

 

Excerpt from The Shariah in the Constitutions of Afghanistan, Iran and Egypt - Implications for Private Law, Ed. Nadjam Yassari. Germany, 2005.

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