Government of Afghanistan

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Islamic Emirate of Afghanistan
  • د افغانستان اسلامي امارت (Pashto)
    Də Afġānistān Islāmī Imārat
  • امارت اسلامی افغانستان (Dari)
    Imārat-i Islāmī-yi Afghānistān
Theocratic emirate
Arms of the Islamic Emirate of Afghanistan.svg
Emblem of Afghanistan
Formation15 August 2021 (2021-08-15) (current form)
4 April 1996 (1996-04-04) (First Islamic Emirate)
19 August 1919 (1919-08-19) (independence)
Guiding document 1998 dastur
Country Afghanistan
Website alemarahenglish.af
Leadership
Head of state Supreme Leader
Deputy head of state Deputy Leader
Meeting place Kandahar
Executive
Head of government Prime Minister
Main body Council of Ministers
Deputy head of governmentDeputy Prime Minister(s)
Appointed bySupreme Leader
Headquarters Arg, Kabul
Departments Ministries
Judiciary
Court Supreme Court
Chief JusticeChief Justice of the Islamic Emirate of Afghanistan
SeatSupreme Court Building, Kabul

The government of Afghanistan, officially called the Islamic Emirate of Afghanistan, is the central government of Afghanistan, a unitary state. Under the leadership of the Taliban, the government is a theocracy and an emirate with political power concentrated in the hands of a supreme leader and his clerical advisors, collectively referred to as the Leadership. The Leadership makes all major policy decisions behind closed doors, which are then implemented by the country's civil service and judiciary. As Afghanistan is an Islamic state, governance is based on Sharia law and Pashtunwali, which the Taliban enforces strictly through extensive social and cultural policy.

Contents

Over its history, Afghanistan has variously been governed as a monarchy, a republic, and a theocracy. The current theocratic government came to power in 2021 with the Taliban's victory in a twenty-year insurgency against the western-backed Islamic Republic, after having itself been ousted in 2001.

The current government is internationally unrecognized and lacks a clear constitutional basis, though the Taliban announced plans in January 2022 to form a constitutional commission. Instead, the government applies an interpretation of Sharia law. There is no separation of powers, with total authority vested in the Leadership. [1] [2] The government is criticized by international observers for totalitarianism, [3] systemic human rights violations, as well as for being unaccountable, opaque, and exclusive of women, religious and ethnic minorities, and those with dissenting views. Since coming to power, it has grappled with an economic crisis, international isolation, terrorism and rebellion, and a string of natural disasters.

Leadership of the Islamic Emirate

Supreme Leader

The supreme leader of the Islamic Emirate of Afghanistan is the head-of-state, commander-in-chief, and religious leader of Afghanistan. [4] These responsibilities include appointing and dismissing the cabinet, judiciary, armed forces general staff, [5] and provincial and municipal governments, issuing decrees, special instructions, and orders regulating the operations of those mentioned above. [6] [7] [8] [9] [10] [11] The supreme leader also approves or vetos laws drafted by cabinet ministries, after they are vetted by the Ministry of Justice and a review committee for compliance with Islamic law. [12] Supreme leaders have all served life terms, with their deputies appointed by the Leadership Council to succeed them.

The supreme leader is advised by an advisory council of four to six individuals on appointments, national security, and domestic and religious policy, which form an advisory committee. These individuals have the final say on all policy decisions. [13]

Deputy Leader(s)

The deputy leader(s) of the Islamic Emirate of Afghanistan is the deputy head-of-state and is appointed by the supreme leader for an indefinite term. The deputy leader serves as acting top leader when the former is incapacitated or otherwise unavailable to execute their duties. [14] However, there can be more than two deputy leaders, [15] [16] as was the case with Akhtar Mansoor promoting Haibatullah Akhundzada and Sirajuddin Haqqani to the positions. By norm, the first deputy leader succeeds the supreme leader upon death.

Ulema Council of Kandahar

The Ulema Council of Kandahar, or Kandahar Provincial Council, is the de facto ruling and executive oversight body of the Islamic Emirate of Afghanistan. Despite being officially responsible for advising and overseeing the Kandahar provincial government, it also approves and disapproves all decisions made by the Kabul-based Council of Ministers. [17] [13] [18]

All its members are ulema native to or residents of Kandahar province. The supreme leader appoints all 24 members, with the council itself is presided over by a chairman and deputy chairman and being assisted by a financial and administrative director. [17] [13]

Council of Ulema (national)

The Council of Ulema [19] or Ulema Shura [20] is the highest religious authority in Afghanistan. It is responsible for ensuring all policies by the executive conform to Sharia and can overrule decisions made by the Council of Ministers. [21] Other responsibilities include the appointment, removal or replacement, and giving of allegiance, to the Supreme Leader. [22] [23]

Central Dar ul-Ifta

The General Directorate of the Central Dar ul-Ifta [24] [25] is responsible for issuing fatwas on various issues. [26] It functions as a religious judicial body, [27] allowed to make quasi-binding decisions on multiple topics its scholars deem to be in line with Islamic Law. [18] Its director is appointed and dismissed by the supreme leader.

Executive

Prime Minister

The prime minister of the Islamic Emirate of Afghanistan is the appointed head of government. They are responsible for overseeing the civil service operations and presiding over the Council of Ministers. [28] [29] [30] The prime minister's office is one of six institutions within the cabinet that are directly under the purview of the supreme leader.

The prime minister, along with the cabinet, is appointed and dismissed by the supreme leader for an undefined term.

Deputy Prime Ministers

The deputy prime ministers of the Islamic Emirate of Afghanistan are the appointed deputy heads of government, responsible for presiding overseeing the work of designated ministries and agencies who’ve been subordinated to the former [31] and presiding over the Council of Ministers in the prime minister's absence or incapacity. [32] Deputy prime ministers are also assigned specialized portfolios since 2021, overseeing technical commissions addressing critical issues. [33] [34] [35]

Like the prime minister and cabinet, the deputy prime ministers are appointed and dismissed by the supreme leader for an undefined term.

Council of Ministers

The council of ministers of the Islamic Emirate of Afghanistan is the cabinet. It comprises 26 ministries [36] whose agency executives administer the civil service and are overseen by the Prime Minister. [29] The ministries are also responsible for preparing legislation in their respective areas of policy for vetting by the Ministry of Justice and approval or veto by the supreme leader. Despite being led by the prime minister, it's effectively answerable and subordinate to the Supreme Leader. [18] [13]

PortfolioName
Prime Minister Hasan Akhund
Deputy Prime Minister for Economic Affairs Abdul Ghani Baradar
Deputy Prime Minister for Administrative Affairs Abdul Salam Hanafi
Deputy Prime Minister for Political Affairs Abdul Kabir
Minister of Defence Mohammad Yaqoob
State Minister of Disaster Management Mohammad Abbas Akhund
Minister of Interior Affairs Sirajuddin Haqqani
Minister of Finance Gul Agha Ishakzai
Minister of Education Habibullah Agha
Minister of Information and Culture Khairullah Khairkhwa
Minister of Economy Din Mohammad Hanif
Minister of Hajj and Religious Affairs Noor Mohammad Saqib
Minister of Borders and Tribal Affairs Noorullah Noori
Minister of Rural Rehabilitation and Development Mohammad Younus Akhundzada
Minister of Preaching and Guidance, Propagation of Virtue and Prevention of Evil Mohammad Khalid
Minister of Public Health Qalandar Ibad
Minister of Commerce and Industry Nooruddin Azizi
Minister of Public Works Abdul Manan Omari
Minister of Mines and Petroleum Shahabuddin Delawar
Minister of Energy and Water Abdul Latif Mansoor
Minister of Transport Hamidullah Akhundzada
Minister of Higher Education Neda Mohammad
Minister of Communications and Information Technology Najibullah Haqqani
Minister of Refugees and Repatriation Khalil Haqqani
Minister of Agriculture, Irrigation, and Livestock Abdul Rahman Rashid
Minister of Martyrs and Disabled Affairs Abdul Majeed Akhund
Minister of Labour and Social AffairsAbdul Wali
Minister of Urban Development and Housing Hamdullah Nomani

Commissions

Several commissions have been formed to handle issues and subjects seen as critical by the Islamic Emirate. Several cabinet ministers or ministry directors are appointed to chair these commissions. [37] There are currently several commissions that have been formed since August 15, 2021.

Judiciary

The judiciary of the Islamic Emirate of Afghanistan consists of the Supreme Court, Appellate Courts, Civil Courts, Primary Courts, Military Court, zonal Military Courts, and provincial Military Courts. All justices and court officials are appointed and dismissed by the Supreme Leader. [52]

However the Military Courts have exclusive authority hear complaints, petitions, and complaints against staff from the Ministry of Defence, Ministry of Interior Affairs, and General Directorate of Intelligence. [53]

Supreme Court

The supreme court of the Islamic Emirate of Afghanistan is the court of final resort and oversees the civilian and military judiciary. [54] Currently, the court comprises a chief justice and two deputy justices. In the first round of judicial appointments after the Fall of Kabul, the supreme court appointed all judges. [55] Since then however, justices have been appointed by the Supreme Leader.

Appellate Court(s)

The appellate courts are the courts of second appeal operating at the provincial level. Each court is presided over by an appointed Chief Justice and assisted by a court clerk in administration alongside a mufti. [56] Cases are heard from Primary Courts.

Primary Court(s)

Primary courts are the courts of the first instance, operating at the district level. Like the Appellate Courts, Primary Courts are presided over by an appointed chief justice presides over the court and are assisted by a clerk in administration alongside a mufti. [56]

The Islamic Emirate of Afghanistan also maintains a parallel military judicial system meant for hearing complaints, lawsuits, and petitions against personnel within the security forces. It consists of the Military Court, zonal Military Courts, and provincial Military Courts.

Military Court

The military court of the Islamic Emirate of Afghanistan is the court of final resort for the hearing of complaints, lawsuits, and petitions against personnel from the Ministry of Defence, Ministry of Interior Affairs, and General Directorate of Intelligence. The court is presided over by an appointed Head of the Military Court who is assisted by two justices. Mawlawi Obaidullah Nizami is the current Head of the Military Court, and presides over the court alongside Mawlawi Sayyid Agha, and Mawlawi Zahid Akhundzada. [57] [58]

Zonal military courts

Eight military courts serve as a court of the second instance for complaints, petitions, and lawsuits, involving personnel within the areas security forces from the Ministry of Defence, Ministry of Interior Affairs, and General Directorate of Intelligence. These courts are led by an appointed 'executive commander' while judicial hearings are presided over by an appointed justice. Zonal military counters operate above provincial military courts. [59]

Provincial military courts

Provincial military courts are courts of the first instance for complaints, lawsuits, and petitions security personnel at the provincial level. All cases are presided over by an appointed justice, which would be heard by the respective zonal military court if approved. [60]

Provincial governments

Provincial Ulema Council

The supreme leader appoints a provincial Ulema Councils, also known as the Council of Scholars, to oversee the governor and civil service. The council is given the power to advise the provincial government and overrule any policy or decision contrary to Islam. [61] [62]

Each council comprises 15 [61] to 24 [62] appointed religious scholars and tribal elders. An appointed chairman presides over the body, while a deputy chairman and financial and administrative director assist him. [63]

Provincial governor

The provincial governor is appointed and dismissed by the supreme leader to oversee the province's administration [64] [65] under the regional ulema council. All governors supervise the work of local civil service and can issue instructions regulating or directing their work.

Provincial departments

Beneath the provincial governor is departments that manage the local civil service. These departments are regional directorates of ministries within the council of ministers. Directors appointed and dismissed by the supreme leader oversee the operation of their respective local departments. [65] These departments at the provincial level are:

Security forces

Internal and external security of the Islamic Emirate of Afghanistan are the responsibility of the Ministry of Interior Affairs and Ministry of Defence respectively. [81] The heads of these two respective ministries are Mohammed Yaqoob, head of the Military Affairs Commission within the Rahbari Shura and son of Mullah Omar, and Sirajuddin Haqqani, head of the Haqqani Network. [82]

Currently the Islamic Emirate Army is subdivided into eight corps, mostly superseding the previous corps of the Afghan National Army. [83] In November 2021 Mullah Yaqoob, Acting Minister of Defense, announced the new names and of the corps. [84]

See also

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  54. ↑ Orders, Decrees, and Instructions of His Excellency, Amir al-Mu’minin. Ministry of Justice of the Islamic Emirate of Afghanistan. May 23, 2023. p. 60.
  55. ↑ "Supreme Court of the IEA appoints heads of the appellate courts – Islamic Emirate of Afghanistan". 15 December 2021. Retrieved 2022-12-21.
  56. 1 2 Rahimi, Haroun. "Remaking of Afghanistan: How the Taliban are Changing Afghanistan's Laws and Legal Institutions". National University of Singapore . Retrieved 2022-12-28.
  57. ↑ Samangani, Inamullah [@HabibiSamangani] (November 10, 2021). "فرمان امیرالمؤمنین در باره تاسیس محکمه نظامی: به منظور تنفیذ نظام شرعی، تعمیل احکام الهی و اصلاح اجتماعی محکمه نظامی در تشکیلات ا.ا.ا. تاسیس شده، که تشکیل آن قرار ذیل است: ۱: مولوی عبیدالله نظامی، رئیس محکمه نظامی ۲: مولوی سیدآغا و ۳: مولوی زاهد آخندزاده، قاضیان محکمه نظامی ۱/۲" [The decree of Amir al-Mu'minin regarding the establishment of a military court: in order to enforce the Sharia system, enforce divine decrees and social reform the military court in the organization of A.A. was established, whose composition is as follows: 1: Maulvi Obeidullah Nizami, President of the Military Court 2: Maulvi Seyed Agha and 3: Maulvi Zahid Akhundzadeh, judges of the Military Court 1/2] (Tweet) (in Persian). Archived from the original on 2022-05-11. Retrieved 2022-12-29– via Twitter.
  58. ↑ Samangani, Inamullah [@HabibiSamangani] (November 10, 2021). "محکمه نظامی در روشنی احکام شرعی صلاحیت دارد شکایات، دعواها و عرائض علیه مسئولان و منسوبین ارگان‌های سه‌گانه امنیتی (وزارت‌های دفاع و داخله و لوی ریاست استخبارات) را شنیده، بررسی نموده و فیصله‌های شرعی صادر نماید، که پس از تائید محاکم ثلاثه و مقام رهبری ا.ا.ا. تطبیق می‌شود. ۲/۲" [The military court, in the light of Sharia rulings, has the authority to hear complaints, lawsuits and petitions against the officials and employees of the three security organs (Ministry of Defense and Interior and the Intelligence Directorate) and issue Sharia decisions, which after the approval of the three courts and the leadership A.A.A. It is adapted. 2/2] (Tweet) (in Persian). Archived from the original on 2021-11-10. Retrieved 2022-12-29– via Twitter.
  59. ↑ "New appointments based on decree of His Highness Amir-ul-Muminin – Islamic Emirate of Afghanistan" . Retrieved 2022-12-21.
  60. ↑ "New appointments based on decree of His Highness Amir-ul-Muminin – Islamic Emirate of Afghanistan" . Retrieved 2022-12-21.
  61. 1 2 "Ulema Council established over Takhar provincial government | Ariana News". www.ariananews.af. 2022-06-13. Retrieved 2022-12-21.
  62. 1 2 آزادی, رادیو (11 January 2022). "منبع: رهبر طالبان دستور داده تا شورای علما در کندهار ایجاد شود". رادیو آزادی. Retrieved 2022-12-21.
  63. ↑ "Based upon decree of Amir-ul-Mumineen, Baghlan council of scholars established – Islamic Emirate of Afghanistan". 22 December 2022. Retrieved 2022-12-24.
  64. ↑ "د نږدې شلو ولایاتو لپاره نوي والیان او امنیې قوماندانان وټاکل شول". عــزم (in Pashto). 2021-11-07. Retrieved 2022-12-21.
  65. 1 2 "Fresh appointments based on decree of the esteemed Amir-ul-Momineen – Islamic Emirate of Afghanistan". 21 September 2022. Retrieved 2022-12-21.
  66. ↑ "District governor appointed – Islamic Emirate of Afghanistan" . Retrieved 2022-12-21.
  67. ↑ "Kunar finance department collects 65 million AFN revenue during last three months – Islamic Emirate of Afghanistan". 20 January 2022. Retrieved 2022-12-21.
  68. ↑ "Takhar revenue increases by 50% compared to previous years – Islamic Emirate of Afghanistan" . Retrieved 2022-12-21.
  69. ↑ "Five new schools established in Ghazni – Islamic Emirate of Afghanistan". 16 November 2022. Retrieved 2022-12-21.
  70. ↑ "Department of Agriculture, Irrigation and Livestock of Uruzgan destroys expired seeds and medicines – Islamic Emirate of Afghanistan" . Retrieved 2022-12-21.
  71. ↑ "Kandahar's new director for information and culture department appointed – Islamic Emirate of Afghanistan". 29 August 2021. Retrieved 2022-12-21.
  72. ↑ "Meeting held in Hajj and Religious Affairs department – Islamic Emirate of Afghanistan". 19 February 2022. Retrieved 2022-12-21.
  73. ↑ "Meeting of religious scholars held in Ghazni's Hajj and Religious Affairs Department. – Islamic Emirate of Afghanistan" . Retrieved 2022-12-21.
  74. ↑ "New Director of Daikundi Rural Rehabilitation and Development assumes office – Islamic Emirate of Afghanistan". 17 November 2021. Retrieved 2022-12-21.
  75. ↑ "Acting director of Zabul Rural Rehabilitation and Development Department assumes his office – Islamic Emirate of Afghanistan". 12 November 2021. Retrieved 2022-12-21.
  76. ↑ "Esteemed Amir-ul-Momineen meets provincial chiefs of promotion of virtue and prevention of vice – Islamic Emirate of Afghanistan". 12 December 2022. Retrieved 2022-12-21.
  77. ↑ "Helmand Public Works Department rehabilitated damaged culverts on Helmand-Kandahar highway – Islamic Emirate of Afghanistan". January 2022. Retrieved 2022-12-21.
  78. ↑ "Meeting held concerning Repatriation of refugees – Islamic Emirate of Afghanistan". 7 February 2022. Retrieved 2022-12-21.
  79. ↑ "New director of Nimroz's Department of Refugees and Repatriation introduced – Islamic Emirate of Afghanistan". 30 October 2021. Retrieved 2022-12-21.
  80. ↑ "Esteemed Amir-ul-Momineen Meets GDI officials – Islamic Emirate of Afghanistan". 11 October 2022. Retrieved 2022-12-21.
  81. ↑ "Taliban announces new government in Afghanistan". www.aljazeera.com. Archived from the original on 2021-11-04. Retrieved 2021-10-02.
  82. ↑ "Who's Who In The Taliban: The Men Who Run The Extremist Group And How They Operate". Radiofreeeurope/Radioliberty. Archived from the original on 2021-10-27. Retrieved 2021-10-02.
  83. ↑ "Islamic Emirate Introduces New Members of Caretaker Cabinet". TOLOnews. Archived from the original on 2021-10-11. Retrieved 2021-10-09.
  84. ↑ Lalzoy, Najibullah (8 November 2021). "Taliban retitles all military corps in Afghanistan". The Khaama Press News Agency. Archived from the original on 24 November 2021. Retrieved 9 November 2021.
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