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Announcements. 76km. Research Paper Assignment: First Page of your Research Paper due in Quiz section tomorrow (Wed. May 9). See course web page for Sample First Page of a Research Paper Research Tips: see course web page. 76km. 1206Km. 137km. 744km. 2430 km. 936km.

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announcements
Announcements

76km

  • Research Paper Assignment: First Page of your Research Paper due in Quiz section tomorrow (Wed. May 9).
  • See course web page for Sample First Page of a Research Paper
  • Research Tips: see course web page
slide2

76km

1206Km

137km

744km

2430 km

936km

Area: 652,190 square kilometers (251,773 square miles)

boundaries: 5,529 km

afghanistan legal system
Afghanistan Legal System
  • Combination of Islamic Law, Civil Law and Customary Law
  • Following the Bon Agreement in 2001 the Interim Government was established and the Judiciary Reform was one of the Key issues for Interim Gov
  • Legal reform supported by: United Nation Assistance Mission for Afghanistan, Italy, U.S, UNDP, Canada, U.K and any other countries
afghanistan constitution historical background
Afghanistan Constitution Historical Background
  • Constitution history from 1923 to 2004, (10) constitutions were adopted and the most important of them are the 1923,1964, 1977, and 2004.
  • Constitution 2004: contents 162 article and (12) chapters approved on January 4th 2004 by Loya Jirga
general principals of the constitution
General Principals of the Constitution
  • Article one: the structure of state and government in Afghanistan : Islamic , Unitary, and Republic
  • Article 3 says no law can be contrary to the beliefs and provision of sacred religion of Islam.
  • The basic rights of citizens (education, work, health, culture, trip, the right of demonstration, freedom of speech…
  • The market economy
  • And any other development programs
  • Who has the power to approve and amend the Constitution
the separation of power
The Separationof Power

Branches : Executive Branch, Judicial Branch, and Legislative Branch,

  • Executive Branch: (chapter 3 articles 60 to70) the president and ministers. Government
  • The president is the head of state of Afghanistan and conducts his authorities in executive, legislative and judiciary branches.
parliament or national assembly
Parliament or National Assembly
  • Legislative Branch (Bicameral National Assembly): (chapter 5 art 81 to 109)The house of representatives ( 249) members (67) women 23 % and (182)men based on number of population for 5 years. The House of Senate totally (102) members(21) women and (81) men. Senators came through 3 ways, 34 direct election of people from each province council, for (4) years the next 34 through the election of district council for (3) years and the rest of (34) appointed by president for 5 years.
judicial branch cha 7 art 116 135
Judicial Branch (cha 7 art 116 -135)

Nine judges: hear and solve disputes, interpretation of law, conventions, treaties and any other laws. The president nominates the chief justice and other members and the approval of House of representatives is needed.

3 members for 4 years,

3 members for 7 years, and

3 members for 10 years , the appointment for the second term is not permissible

role of islamic law in legal system
Role of Islamic Law in Legal System
  • Article 130 and 131 personal status : “courts shall apply Shia school of law in cases dealing with personal matters…”
  • Article 1 criminal law
  • Article 2 civil code
loya jirga
Loya Jirga
  • Take decision about the core issues (independence, national sovereignty …)
  • Amendment of the Constitution
  • Trial of president

Members:(417)

  • Members of parliament (upper house and lower house)
  • Members of province and district council
  • Ministers, Chief of Justice, and Attorney General (have no vote right)
conclusion
Conclusion
  • Afghanistan legal system is integrated with Islamic law, Conventional law, and Customary law
  • It has developed form 1923 up to date
  • Different Codes ( civil code, commercial code, criminal code …)
slide12

THANKS FROM YOUR ATTENTION

Wali.M. Naseh

Email: nasehw@u.washington.edu