The judiciary of Afghanistan currently consists of the Supreme Court, appeals courts, civil courts and city courts. All justices of the appeals, civil and city courts are presided over by Chief Justice of the Supreme Court. Although some individuals received secular judicial training in the early 2000s, the majority of local court officials came from Muslim religious schools and lacked judicial skills. However, the nominal requirements for participation in the judiciary are relatively high, and the pay is quite low. The respective roles of

Islamic Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ma ...

and secular law in the former judicial system during the Islamic Republic era have not been well established; a large portion of the current law code is based on laws passed under the last king,

Mohammad Zahir Shah Mohammed Zahir Shah (Pashto/Dari: , 15 October 1914 – 23 July 2007) was the last king of Afghanistan, reigning from 8 November 1933 until he was deposed on 17 July 1973. Serving for 40 years, Zahir was the longest-serving ruler of Afghanistan s ...

(ruled 1933–73). In rural areas, where local elders and tribal authorities resolve criminal cases, verdicts often are based on Islamic and tribal law. After returning to power in 2021, the Taliban removed

women A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or Adolescence, adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female hum ...

from judgeships in Afghanistan. The government of

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...

agreed to resettle many Afghan women judges.

Organisation

Supreme Court

The Supreme Court of the Islamic Emirate, or Supreme Court of Afghanistan, is the

final court of appeal A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

in Afghanistan. Per Articles 117 and 118 of the Constitution, the chief can be appointed by the president and the house of the people per Articles 117 and 118 of the Constitution. Abdul Hakim Ishaqzai, who is Minister of Justice, currently presides over the court as Chief Justice. Beneath him are two deputy justices; Mohammad Qasim Rasikh and Sheikh Abdul Malik.

Court of Appeals

The Court of Appeals are the court of second instance at the provincial level. Each court is currently presided over by a chief Justice appointed by the Supreme Court. The heads of Dewans and additional judicial members can also serve in this court, in accordance with Article 31.

Civil Courts

Civil Courts operate at the provincial level in seven provinces of Afghanistan as a civil court of first instance, operating on the same level of the provincial Court of Appeals. As its name implies civil cases currently are handled at this level in their respective province. Each civil court is currently presided over by a chief justice appointed by the Supreme Court.Provinces that currently have civil courts as of 2021 are

Baghlan Baghlan (Dari: بغلان ''Baġlān'') is a city in northern Afghanistan, in the eponymous province, Baghlan Province. It is located three miles east of the Kunduz River, 35 miles south of Khanabad, and about 500 metres above sea level in the ...

, Samangan, Faryab, Sar-I-Pul, Kunar,

Maidan Wardak Maidan Wardak ( Pashto: ; Dari: ), also called Wardag or Wardak, is one of the 34 provinces of Afghanistan, located in the central region of Afghanistan. It is divided into eight districts and has a population of approximately 500,00 The capit ...

, and

Nuristan Nuristan, also spelled as Nurestan or Nooristan (Dari: ; Kamkata-vari: ), is one of the 34 provinces of Afghanistan, located in the eastern part of the country. It is divided into seven districts and is Afghanistan's least populous province, wi ...

City and Municipal Courts

City Courts function as the

court of first instance A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...

at the municipal level across Afghanistan. Each court is currently presided over by a chief justice appointed by the Supreme Court.

Prosecution of crimes

Under the Taliban, the courts both prosecute and decide the result of criminal cases. Under the

Islamic Republic of Afghanistan The Islamic Republic of Afghanistan was a presidential republic that ruled Afghanistan from 2004 to 2021. The state was established to replace the Afghan interim (2001–2002) and transitional (2002–2004) administrations, which were form ...

there was an independent

attorney general In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

and system of prosecutors, but the Taliban transferred responsibility for the prosecution of crimes to the courts.

Organisation

Supreme Court

Court of Appeals

Civil Courts

City and Municipal Courts

Prosecution of crimes

See also

References

Further reading