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Area: 652,190 square kilometers (251,773 square miles) boundaries: 5,529 km 2430 km 936km 744km 137km 1206Km 76km

Afghanistan Legal System Combination of Islamic Law, Civil Law and Customary LawCombination 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 GovFollowing 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 Constitution history from 1923 to 2004, (10) constitutions were adopted and the most important of them are the 1923,1964, 1977, and Constitution history from 1923 to 2004, (10) constitutions were adopted and the most important of them are the 1923,1964, 1977, and Constitution 2004: contents 162 article and (12) chapters approved on January 4 th 2004 by Loya Jirga Constitution 2004: contents 162 article and (12) chapters approved on January 4 th 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 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. 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 basic rights of citizens (education, work, health, culture, trip, the right of demonstration, freedom of speech… The market economy The market economy And any other development programs And any other development programs Who has the power to approve and amend the Constitution Who has the power to approve and amend the Constitution

The Separation of Power Branches : Executive Branch, Judicial Branch, and Legislative Branch, Branches : Executive Branch, Judicial Branch, and Legislative Branch, Executive Branch: (chapter 3 articles 60 to70) the president and ministers. Government 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. 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. 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 ) 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. 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 Article 130 and 131 personal status : “courts shall apply Shia school of law in cases dealing with personal matters…” Article 130 and 131 personal status : “courts shall apply Shia school of law in cases dealing with personal matters…” Article 1 criminal law Article 1 criminal law Article 2 civil code Article 2 civil code

Loya Jirga Take decision about the core issues (independence, national sovereignty …) Take decision about the core issues (independence, national sovereignty …) Amendment of the Constitution Amendment of the Constitution Trial of president Trial of president Members:(417) Members:(417) Members of parliament (upper house and lower house) Members of parliament (upper house and lower house) Members of province and district council Members of province and district council Ministers, Chief of Justice, and Attorney General (have no vote right) Ministers, Chief of Justice, and Attorney General (have no vote right)

Conclusion Afghanistan legal system is integrated with Islamic law, Conventional law, and Customary law Afghanistan legal system is integrated with Islamic law, Conventional law, and Customary law It has developed form 1923 up to date It has developed form 1923 up to date Different Codes ( civil code, commercial code, criminal code …) Different Codes ( civil code, commercial code, criminal code …)

THANKS FROM YOUR ATTENTION Wali.M. Naseh