Afghan lawyers welcome IEA’s move to adopt former constitution

Afghan lawyers have welcomed the Islamic Emirate of Afghanistan’s (IEA) willingness to govern based on a constitution.

The Ministry of Justice said in a statement this week that the IEA will implement the constitution of the era of former Afghan King Mohammad Zahir (King Zahir Shah).

According to the statement, the IEA will implement the constitution “for the interim period without any content that is in conflict with Islamic Sharia (Jurisprudence) and the principles of the Islamic Emirate.”

Acting Justice Minister Mawlawi Abdul Hakim Shari said in a meeting with the Chinese Ambassador to Kabul Wang Yu that the Islamic Emirate will respect international laws and instruments which are not in conflict with the principles of “Sharia and the Islamic Emirate.”

The constitution is based on Hanafi, which is one of the traditional major Sunni schools of Islamic jurisprudence.

Abdul Subhan, a lawyer stated: “This is good news that the Islamic Emirate is prepared to proceed with the affairs of the country according to a constitution.”

Amanullah Samangani, a member of the IEA’s Cultural Commission, said: “The constitution that is based on the principles of the (Holy) Quran and Sunnah (ways of Prophet Mohammad PBUH). The scholars and Ulema of the country will discuss its details.”

King Zahir Shah adopted the constitution in 1964, allowing Afghans, for the first time, to practice democracy for a decade.

According to the constitution, the official flag of Afghanistan is defined in black, red, and green, the king is a Hanafi and represents national sovereignty, and the Prime Minister enacts orders.

The roles of the Prime Minister, the Speakers of the Parliament (Wolesi Jirga) and the Senate (Meshrano Jirga), and the Chief of Justice (Supreme Judge) were very important in Zahir Shah’s constitution.