Khadija Ahrari was an Afghan politician, and jointly the first woman elected to parliament in the country.
40-452: Following the introduction of women's suffrage in the 1964 constitution , Ahrari was one of four women elected to Parliament in the 1965 elections , representing Herat . She was one of the first six women to be member of Parliament or Senate after the 1965 elections : Anahita Ratibzad of Kabul, Khadija Ahrari of Kabul, Ruqia Abubakr of Kandhahar and Masuma Esmati of Herat for the House of
80-434: A monarchy , republic , theocracy , dictatorship , and a pro- communist state . Afghanistan currently functions without a clear constitution or any basis for the rule of law . The government is self-described as "interim". Taliban leadership rules by decree and judges and Taliban fighters decide how to apply the law on the spot based on their interpretation of Sharia . However, some guidelines have been put forth and there
120-473: A cousin of the King and former Prime Minister of Afghanistan from 1953 to 1963, to return to power without nullifying the constitution. Shortly after its enactment, the vulnerability of the constitution to political realities became dramatically clear. The adversarial relationship it created between the cabinet and the parliament brought about tragedy and a serious loss of political momentum. In October 1965, following
160-471: A monopoly on power. Dissent is not permitted, and politics are mostly limited to internal Taliban policy debates and power struggles. As the government is provisional , there is no constitution or other basis for the rule of law. The structure is autocratic , with all power concentrated in the hands of the supreme leader and his clerical advisors. According to the V-Dem Democracy indices Afghanistan
200-582: A new constitution would be drafted only through an open consultative process rather than being imposed on the country unilaterally. However, they have invariably stated it would outline an Islamic state and the constituent assembly would in large part be made up of ulema knowledgeable in Sharia law . Some interviewees stated the 2004 Constitution was sufficiently Islamic, and that the Islamic Republic suffered political—rather than religious— illegitimacy, due to
240-611: Is a history of constitutional discourse within the Taliban that provides insight into their current governance. The Taliban has historically viewed the Quran as its constitution. An ulema (scholars) council drafted a dastur ( basic law ), which was approved by the Supreme Court in 1998 and re-authorized for the insurgency in July 2005 in response to the promulgation of the 2004 Constitution of
280-419: Is to implement Sharia law. Unapproved protests were banned on 9 September 2021 following large-scale women-led protests. The policies regarding women include a ban on participation in sports. In September 2021, the government ordered primary schools to reopen for both sexes and announced plans to reopen secondary schools for male students, without committing to do the same for female students. While
320-470: The dastur is being followed, though there are few conflicts between it and the 1964 Constitution, which granted immense powers to the King. In August 2022, Parwan Governor Obaidullah Aminzada stated that Supreme Leader Hibatullah Akhundzada had declared the 2004 Constitution abolished and ordered the government not to use the 1964 Constitution as a replacement, ruling neither is compatible with Sharia. Influential Taliban interviewees, including members of
360-443: The previous period of Taliban rule which lasted from 1996 to 2001. The government was announced by the Taliban's chief spokesman, Zabihullah Mujahid , who stated that this cabinet was not complete, with further appointments intended to be made. While the Taliban had previously stated that they wanted to form an inclusive government, all ministers were long-standing members of the Taliban. On 21 September 2021, Mujahid announced
400-459: The Islamic Republic. The dastur is vague; it named Mullah Omar Supreme Leader and places the highest authority in that position but does not outline a selection process or the constraints of the office. However, it does state that the supreme leader must be a male Sunni Muslim and an adherent of the Hanafi school of Islamic jurisprudence. The dastur also establishes a unicameral shura council as
440-610: The People, and Homaira Saljuqi and Aziza Gardizi for the Senate. However, she did not contest the 1969 elections . This Afghanistan biographical article is a stub . You can help Misplaced Pages by expanding it . Constitution of Afghanistan The politics of Afghanistan are based on a totalitarian emirate within the Islamic theocracy in which the Taliban Movement holds
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#1733093110430480-488: The Political Commission, have suggested that the dastur was never intended to be a permanent constitution, but rather a document outlining the Taliban's vision for a transitional state. Around 2010 the dastur appeared to fade from Taliban discourse, and interviewees in the Political Commission suggested there would be room for drafting a new political framework post-U.S. withdrawal. They have consistently stated that
520-564: The Rahbari Shura (Leadership Council) which oversees the Cabinet and Prime Minister of Afghanistan . The Rahbari Shura in conjunction with Akhundzada appoints individuals to key positions within the cabinet; which includes the positions of Prime Minister, Deputy Prime Minister, Minister of Foreign Affairs, and Minister of the Interior. Currently, the supreme leader is also responsible for determining
560-599: The Rahbari Shura will oversee the Council of Ministers and determine key governmental decisions. The council was also responsible for appointing a new supreme leader after the death of their predecessor, however, it is not yet known if the council will exercise this power after the Fall of Kabul in 2021. This setup is reminiscent of how the Islamic Emirate of Afghanistan was governed from 1996 to 2001 with Mohammad Omar being Head of
600-483: The Rahbari Shura, which is based out of Kandahar . The current caretaker cabinet was presented in an announcement on 7 September 2021. The country as a whole is headed by Hibatullah Akhundzada , who became head of the Taliban in 2016. The Prime Minister , Mohammad Hassan Akhund , was selected as a compromise candidate between moderate and hardline factions of the Taliban. There are two Deputy Prime Ministers, Abdul Ghani Baradar and Abdul Salam Hanafi . In total,
640-659: The Supreme Council. However, the system has also been compared to the Supreme Leader of Iran and its clerical system of rule. The council itself was also the executive body of the Taliban during the War in Afghanistan , determining the overall direction of the group as an insurgency. According to an Al Jazeera report, the Council of Ministers is powerless in practice, with all political power actually being vested with Akhundzada and
680-466: The Taliban abruptly reversed plans to allow girls to resume secondary school education (defined as grade seven and up in Afghanistan). Except for the current cohort of university students, this decision leaves graduating from sixth grade as the highest level of educational attainment possible for Afghan women. Secondary schools for boys reopened on schedule. A statement from the ministry of education cited
720-576: The Taliban concerning areas such as spoils of war , contributions to the Taliban insurgency , and political appointments in the new government. Factions involved include both political moderates , religious fundamentalists , jihadists , and the Haqqani network . 1964 Constitution of Afghanistan The 1964 Constitution of Afghanistan was the supreme law of the Kingdom of Afghanistan from 1964 to 1973. It
760-548: The Taliban states that female college students will be able to resume higher education provided that they are segregated from male students (and professors, when possible), The Guardian notes that "if the high schools do not reopen for girls, the commitments to allow university education would become meaningless once the current cohort of students graduated." Higher Education Minister Abdul Baqi Haqqani said that female university students will be required to observe proper hijab , but did not specify if this required covering
800-462: The application of Hanafi law without a written constitution. However, he added that the ministry would prepare a constitution based on the Quran and Hanafi law if the supreme leader directs it. Hibatullah Akhundzada is the supreme leader of Afghanistan , having authority on all political, military, and religious decisions, and government appointments. As supreme leader, much of his work is done alongside
840-489: The cabinet (not including Hibatulla Akhundzada) included 33 ministers. All of the ministers named were men. Two ministers were Tajik , and one ( Abdul Salam Hanafi ) was Uzbek . All other ministers, as well as Hibatullah Akhundzada, are from the Pashtun ethnic group. As the country's largest ethnicity, Pashtuns have long dominated both the Taliban and non-Taliban politics. Some members of the government served as ministers during
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#1733093110430880-426: The election of the new legislature, an impasse over its approval of the new cabinet brought about rioting and intervention by the army leading to the death of at least three student demonstrators. The proposed cabinet was withdrawn, following which a reshuffled one under the leadership of Muhammad Hashim Maiwandwal , a senior diplomat, was approved with little opposition. Officials and legislators were faced with running
920-451: The expansion of the Taliban's interim cabinet by naming deputy ministers. Mujdahid defended the all-male additional members, saying it included members of ethnic minorities, such as the Hazaras , and women might be added later. The appointment included figures from Panjshir and Baghlan . The full name of the state is the Islamic Emirate of Afghanistan. As an Islamic state , Taliban policy
960-464: The face. Kabul University reopened in February 2022, with female students attending in the morning and males in the afternoon. Other than the closure of the music department, few changes to the curriculum were reported. Female students were officially required to wear an abaya and a hijab to attend, although some wore a shawl instead. Attendance was reportedly low on the first day. In March 2022,
1000-402: The government and the people for gradual movement toward democracy and socioeconomic modernization. It also acknowledged freedom of assembly, freedom of association, and freedom of speech. A Loya jirga (grand council of notables) had debated, modified and approved its innovations, which included a bill of rights for all Afghans, explicitly including women. After public review, the constitution
1040-405: The highest legislative body, with all members appointed by the supreme leader, and allows for a Council of Ministers , headed by a Chairman , whose role is to implement policy. Following the Taliban's return to power, the group announced the enactment of parts of the 1964 monarchy constitution that are "not in conflict with Sharia" to govern the country in the interim. Observers have noted that
1080-443: The influence of foreign powers. Therefore, they left the door open to a constitution substantially similar to the 2004 Constitution. An exploratory committee on the drafting of a constitution was formed in early 2022, however, no updates have since been given. In September 2022, Acting Deputy Minister of Justice Maulvi Abdul Karim stated that the Quran essentially functions as the constitution and all issues can be handled through
1120-485: The lack of an acceptable school uniform for female high school students. Afghanistan's envoy to the United Nations has requested that the international community not recognise the new government. The Taliban seeks such recognition, and it has not yet received this, other governments are engaging with it to an extent. Since coming to power, there have been reports of factionalism and infighting among various camps of
1160-440: The level of the previous year. Its members had control over the organization of parliament and enjoyed legal immunity for what they said in debate. Members had the right to form political parties, but their formation required legislation acceptable to the cabinet and, hence, the king. Bold as its innovations were compared with the functional autocracy it replaced, the constitution was filled with provisions intended to assure that
1200-485: The new system with hopes considerably dampened. The liberal or constitutional experiment, which lasted for the next eight years, has been generally seen as a political failure. The cabinet and legislature were constantly deadlocked, unable to enact laws vital to the constitution or seriously weakening it through long delays. Legislators proved to be effective critics of the bureaucracy, which responded by holding back legislation to avoid scrutiny or lengthy disputes. There
1240-574: The overall aims of the Cabinet of Afghanistan, serving as a point of unity and leadership among the various factions of the Taliban. Because of Hibatullah Akhundzada's credentials as Mawlawi and knowledge of Fiqh , he is broadly respected among the Taliban and thus seen as a unifying figure. The Rahbari Shura (Leadership Council) is a 26-member council assisting the supreme leader with the governance of Afghanistan. According to now-Deputy Minister of Information and government spokesperson; Zabiullah Mujahid ,
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1280-461: The royal government would not lose control. A wide constitutional gulf separated the cabinet from the parliament. The cabinet was to exercise the monarch's powers, including the initiation of all government policy and the invocation of emergency decrees. Cooperation between officials and legislators, integral to classical parliamentary systems , was discouraged. Legislators were prohibited from holding ministerial or other executive positions. The cabinet
1320-648: Was a wide social and cultural gap between the legislators and senior ministry officials. Few of the former had had the exposure to the modern education and foreign experience enjoyed by senior ministry officials. More than 90 percent of the Wolesi Jirgah members represented rural constituencies. Legislators had the right to lobby ministers and senior bureaucrats directly. Doing so was more rewarding than dealing with middle rank provincial officials who had less authority and information. The constitution discouraged executive-legislative cooperation on policy, but it did not prevent
1360-522: Was annulled following a coup d'état , though parts of the constitution were restored by future governments from 2002 to 2004 and from 2021 to 2022. It was drafted by a committee of foreign-educated Afghans, including Sardar Abdul Hakim Ziai and Sardar Abdul Rahim Ziai, appointed for the task by the Afghan King , Mohammad Zahir Shah (from 1933 to 1973). The primary goals of the Constitution were to prepare
1400-674: Was as of 2023 the 4th least electoral democratic country in the world. Afghanistan has been unstable for decades, with frequent coups, civil wars, and violent transfers of power. Most recently, the Taliban seized power in 2021 from the Western-backed Islamic Republic , and re-formed the government to implement a far stricter interpretation of Sharia law according to the Hanafi school. Government operations in Afghanistan historically have consisted of power struggles, coups and unstable transfers of power. The country has been governed by various systems of government, including
1440-604: Was assured control over the composition of the Meshrano Jirgah , the parliament's upper house. Judicial restructuring and elective provincial councils were endorsed, but the constitution did not prescribe their structure or working arrangements. The failure to spell out a complete structure for the government lent a provisional character to the constitution. At least seventy articles required parliamentary legislation in order for them to take effect. The constitution's democratic features were especially provisional. Ample authority
1480-480: Was created, dominated by its lower house (the Wolesi Jirgah ), which was to be elected through universal suffrage . It had the power to reject royal appointments to the cabinet and to dismiss it by a vote of no confidence . Laws passed by parliament were to have constitutional precedence over traditional Islamic law (the Sharia ). Parliament was to meet regularly, not at royal pleasure as before. It could refuse budget increases, but could not reduce appropriations below
1520-453: Was put into effect in October 1964. Although Afghanistan became a sovereign nation in 1747 under the rule of Ahmad Shah Durrani , the earliest Afghan constitution was written during the reign of Emir Abdur Rahman Khan in the 1890s followed by a 1923 version. The 1964 Constitution transformed Afghanistan into a modern democracy. From 2004 to 2021, the 2004 Constitution of Afghanistan
1560-451: Was retained for the executive branch to slow, halt or reverse legislation. Nor was caution only displayed toward would-be overweening legislators. The most notorious provision in the constitution was its prohibition of official or political activity by any member of the royal family other than the monarch. The implications of this clause would soon haunt the constitutionalists . No means was provided for an increasingly restless Muhammad Daud ,
1600-436: Was the basis of law in Afghanistan. After the 2021 Taliban takeover of Afghanistan , the new authorities declared the restoration of parts of the 1964 constitution that are "not in conflict with Islamic Sharia (law) " to govern the country in the interim. However, this decision was overturned by Supreme Leader Hibatullah Akhundzada in late 2022, who argued both constitutions are incompatible with Sharia. A new parliament
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