Appellate review and judicial independence are interrelated in the sense that
independence can hardly become a reality in the administration of justice unless it
begins within the ranks of the judiciary itself. The judiciary can attain independence
vis-à-vis the executive and other organs of state only when it is assured of the
integrity of its own decision-making process. In other words, independence demands
self-sufficiency and resourcefulness. A judiciary which is equipped with the means to
rectify its own errors, can nurture higher standards of refinement and consequently
aspire to greater public confidence and esteem. Judicial review and independence
can in this way be complementary and mutually supportive. A conflict between them
can, however, arise when the stronger voice in the corrective mechanism becomes so
assertive as to impinge on the freedom of the judges and their ability to formulate
independent judgement. ........ Download the full article in pdf attachment (below)


This book is the revised version of Prof. Mohammad Hashim Kamali's doctoral dissertation "Matrimonial Problems of Islamic Law in Contemporary Afghanistan" which he completed at London University in 1976.

Other references:

"Reference to Islam and Women in Afghan Constitution," Arab Law Quarterly, 22 (2008), 270-306.

"Islam and its Shari'a in the Afghan Constitution 2004 with Special Reference to Personal law," edited by Nadjam Yassari, The Shari'a in the Constitution of Afghanistan, Iran and Egypt - Implications for Private Law, Tubingen: Mohr Sieback, 2005, 23-43.

"Islam in the Constitutions of Afghanistan," Bayan Journal (Kabul) vol. 6, no. 1 (July 2003), 1-15.

"Islam , Iconography and the Taloban," published in German translition in Berliner Zeitung (full-page magazine section), 10/11 MArch 2001, p. 5. The English version was published by Islam 21 (London), August 2001.


*Leiden: E.J. Brill, 1985, pp 265.

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