The Taliban and Shariah Since the arrival of Islam to the two
sides of the Hindukush mountains over 1300 years ago, Afghanistan has
always been, and will always remain, an Islamic country. Except for the
relatively short but bloody period of the Communist reign in the 20th
Century, the political regime of the country has been based on the
teachings of Islamic Shariah. Islam always provided the fundamental legal
code or the set of laws upon which the political, economic and the
judicial systems of the country were founded. During this century, these
laws twice underwent some modifications: Once during the time of King
Amanullah in 1921 and for a second time during the reign of the former
King Mohammad Zaher Shah in 1964. Every country of the world has its own
legal system. Legal systems develop in their respective societies over
long periods of time and in accordance to the special needs and conditions
prevailing in those societies. One cannot import legal systems into a
country the way one imports cars or radio sets. Except for the fourteen
years of the Communist rule, the legal system that existed in Afghanistan
rested on the Islamic Shariah. This system had become part of the people's
lives. Its rules and principles are known to all devout Muslims and are
derived from the teachings of Noble Quran and the Sunnah of the Messenger,
Muhammad (SAWS).
After liberating Kabul in September 1996,
the Taliban Islamic Movement declared all non-Islamic laws and
regulations, passed and practised during the Communist regime, invalid,
and reintroduced the Islamic Shariah in their place. They founded the
Islamic Emirate of Afghanistan and re-introduced Shariah as the legal
system of the country. This choice of the legal system was based on the
expressed will of the people of Afghanistan, who fought and suffered for
fourteen years for the purpose of restoring the rule of Shariah in their
country. In this way, the Islamic Laws applied by the Taliban Movement in
Afghanistan are in no way something new or strange to the people of
Afghanistan. This system has existed, and been practised, in the country
for 1300 years and has been fully integrated in the Afghan code of
personal and social behaviour.
By enforcing the Islamic Law, the Taliban
have won the full support of the people and succeeded to restore peace and
security in all areas under their control. Through the implementation of
Shariah rules, the Taliban have been able to restore and protect human
rights and dignity, including the rights and dignity of women. These
rights were systematically violated by the Communist regime and by the
warlords who replaced it. By restoring the Islamic Shariah, the Taliban
have been able not only to provide their countrymen and countrywomen with
the needed security and peace, rather they have also succeeded to create a
safe and secure atmosphere for foreign visitors and relief workers.
A working judicial system has been put
into place in the areas under the Taliban Administration, which, as of
December 2000, comprises over 95% of Afghanistan. Life, property,
children, personal rights, and dignity of people in these areas that one
could aptly call "the liberated areas," are protected in the framework of
the Islamic Shariah, regardless of race, language, tribe, or regional
origin of the persons involved. Property rights of individuals and legal
entities enjoy full protection in the Islamic courts. Properties taken
away by force or deception from people by the previous administration or
by individuals are returned to their original owners. Checkpoints and
looting posts erected by self-styled administrators and commanders have
been eliminated from roads and highways. Roads have been opened for free
movement of persons and goods.
By restoring security, and applying the
uniform rules of the Islamic Shariah, for the first time since April 1978,
the Islamic Emirate of Afghanistan is providing equal protection and
justice for all. As a result of the introduction of Shariah, arbitrariness
in resolution of disputes, nepotism, discrimination on the basis of
tribal, linguistic, religious orientation, or regional affiliation have
been eliminated. Individual property rights have been restored,
confiscation of private property by Emirate, or by those attached to it,
have been stopped. Freedom of engaging in legal economic activities and
freedom of movement have been guaranteed.
The Islamic Emirate of Afghanistan
adheres to the principle of a representative government based on the
teachings of the Islamic Shariah. Government in Islam is open to all
groups living in the Islamic society, irrespective of their race,
language, region, ethnicity, tribal affiliation, and religious orientation
within the Islamic faith. Discrimination by government and in government
on any pretext is strictly prohibited in Islam. Government posts in an
Islamic society are to be given to those who are the most virtuous members
of the society. Leaders of an Islamic Emirate serve as role models and set
examples. Thus, these leaders are chosen on the basis of their merits and
virtues, not on the basis of their party or other kinds of affiliations.
Members of the current interim
Administration in the Islamic Emirate of Afghanistan have been chosen by
the Ulema of the country. These members represent all ethnic, religious
and Jihadi groups who have struggled to free Afghanistan from the tyranny
of atheism and fascism. When circumstances change and an appropriate
environment more conducive to political dialogue is created, the Taliban
will take further steps towards solidifying the representational
foundations of the Islamic Emirate. Source: Azzam
Publications 1421
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