مجلة ريحان للنشر العلمي مجلة علمية، محكمة، شهرية، مفتوحة الوصول
مقارنة أبرز بنود دستور أفغانستان بالشريعة الاسلامية
Every country and government, without exception, needs to have a constitution and laws to demonstrate and safeguard its existence. When the Islamic Republic of Afghanistan was established after internal wars and the US invasion of Afghanistan, the new government took care to draft a constitution that occupied the minds of some youth, questioning whether this constitution adheres to Islamic Sharia law and whether the American occupation had any influence on drafting the constitution of the Islamic Republic of Afghanistan or not. This prompted me to compare the most prominent articles of the mentioned constitution with Islamic Sharia law to reach an accurate conclusion by which to ascertain the necessity of amendments in the constitution. This article is written analytically and descriptively within an introduction and two parts, An important conclusion we have reached in this research is that external and internal wars have affected the government of Afghanistan in various fields, and the country’s history shows that politicians and lawmakers have been unable to draft specific laws and constitution that to align with religious and cultural requirements and to resolve long-lasting economic crises. However, the prominent articles of the Afghan constitution that were discussed do not contain anything contrary to the principles of Islamic Sharia law, therefore there is no need for amendment. It is important to preserve this constitution, and a specialized committee consisting of individuals with expertise and knowledge in jurisprudence and law should be employed to review the constitution and improve some articles, in order to accommodate new requirements.
Keywords: Constitution, Afghanistan, Islamic Sharia law, Republic.
Aminullah MUSAEID, Assistant Professor, Dawat University Kabul – AFGHANISTAN
Mohammad Amin DARWYSH, Student in the Department of Judiciary and Islamic Legal Policy at the Afghan Islamic University (AIIU) –AFGHANISTAN
