Government of the Islamic Emirate of Afghanistan

Last updated
Islamic Emirate of Afghanistan
  • د افغانستان اسلامي امارت (Pashto)
    Də Afġānistān Islāmī Imārat
  • امارت اسلامی افغانستان (Dari)
    Imārat-i Islāmī-yi Afghānistān
Theocratic emirate
Flag of the Taliban.svg
Flag of Afghanistan
Formation
  • 15 August 2021 (2021-08-15) (reinstatement)
  • 4 April 1996 (1996-04-04) (original)
Extinction7 December 2001 (2001-12-07) (exiled)
Governing document 1964 Constitution of Afghanistan (amended to be compliant with Shari’a law; claimed but not enforced)
Country Afghanistan
Website alemarahenglish.af
Leadership
Head of state Leader
Deputy head of state Deputy Leader
Main body Leadership Council
Meeting place Kandahar
Administrative branch
Head of government Prime Minister
Main body Cabinet
Deputy head of government Deputy Prime Minister
AppointerLeader
Headquarters Arg, Kabul
Departments Ministries
Judicial branch
Court Supreme Court
Chief Justice Chief Justice
SeatSupreme Court Building, Kabul

The Islamic Emirate of Afghanistan is the Taliban's governing authority and system of Afghanistan. After the Afghan Civil War in 1996 until its overthrow in the US invasion of Afghanistan in 2001, the system of the Islamic Emirate governed a majority of Afghanistan. The governing structure of the Islamic Emirate was maintained throughout the ensuing Taliban insurgency, but did not govern the country. After the Fall of Kabul on 15 August 2021, the Islamic Emirate again became the de facto governing system of Afghanistan.

Contents

The Islamic Emirate of Afghanistan claims to be temporarily governed under the Constitution of Afghanistan from 1964, amended to be compliant with Sharia law. The provisional constitution is unenforced as of February 2022. [1] On 23 September 2021, the Taliban Islamic Movement announced that a constitutional commission would be formed in 2022 to draft a permanent constitution. [2] Others[ who? ] state that a constitution drafted by the Ulema-e-Jaid in 1998 under Mohammed Omar is being enforced as of January 2022. [3]

Political power is vested with the Leader and Leadership Council of the Islamic Emirate of Afghanistan, [4] [5] collectively referred to as the Leadership of the Islamic Emirate. Final approval concerning religious, public, military policy, and appointments, is made by the Leader in consultation with the Leadership Council. [5] As a result, the Leadership Council appoints and oversees the work of the Cabinet, the general staff of the Islamic Emirate Armed Forces, Supreme Court, provincial governors, [6] and municipal leaders.

Organizational chart of the "Islamic Emirate" Political structure of the Islamic Emirate of Afghanistan.svg
Organizational chart of the “Islamic Emirate”

Leadership of the Islamic Emirate

The top decision-making body of Afghanistan is officially called the Leadership of the Islamic Emirate, [7] [8] [9] consisting of the Leader and Leadership Council. Both entities are based out of Kandahar.

Leader

Officially known as the leader of the Islamic Emirate of Afghanistan, the position is the head of state and supreme leader of Afghanistan. Currently, the Leadership Council appoints a new leader upon the death, or resignation of the former leader. [10] Historically, the first deputy leader of the Islamic Emirate of Afghanistan has always chosen as successor. There is no fixed term limit for the position, with the incumbent always holding office for life. [10]

In the current political setup the Leader exercises final approval on major appointments and decisions made by the Islamic Emirate. The Leader makes all senior legislative, executive, judicial, provincial and municipal appointments and/or dismissals for the Islamic Emirate. [5] These institutions include the members and commission heads of the Leadership Council, Cabinet, Supreme Court, and Islamic Emirate Army, provinces, and municipalities. [11] [12] [13] The Leader also directly appoints the Minister of Defence, Minister of Interior Affairs, and Minister of Foreign Affairs. Outside of appointments, and in conjunction with the Leadership Council, the Leader officially exercises oversight of the work of the Prime Minister and Cabinet. [5] The Leader may also issue decrees and/or special instructions through the Leadership Office directing the work of the judiciary, cabinet, and provincial governors. [14] [8]

Leadership Council

Officially called the Leadership Council of the Islamic Emirate of Afghanistan and also known by its Pashto name Rahbari Shura, [15] the Leadership Council is a consultative body to the Leader and deliberative body of the Islamic Emirate. Its members are appointed by the Leader who in turn choose their successor.

The Leadership Council is made up of 30 members, 18 of them being heads of the various commissions and departments making up the council. [16] In reality, the Leadership Council exercises de facto political power over Afghanistan instead of the Cabinet as 30 of the 33 members make up the Cabinet. [17] Because of this, most decisions made by the cabinet are really made in direct consultation and approval with the Leader and Leadership Council.

Administration

The Cabinet is the administrative body of the Islamic Emirate of Afghanistan, responsible for day-to-day governance and the implementation of policy set by the Leadership. It is headed by the prime minister and his deputies, and consists of the heads and deputy heads of the government ministries.

Prime Minister

The position is officially known as the Prime Minister of the Islamic Emirate of Afghanistan, [18] who presides over the Cabinet and serves as the nation's head of government, overseeing the functioning of the civil service. [19] Currently the Leader formally appoints and/or dismisses the prime minister and cabinet on independently or on recommendation from the Leadership Council. [20]

Cabinet

The Cabinet of the Islamic Emirate of Afghanistan is the administrative body of the Islamic Emirate of Afghanistan. The ministries under the Cabinet carry out the decisions of a respective commission or department within the Leadership Council. [21] [22] The minister in charge in most cases is also the head of that commission. Independent decisions made by the Prime Minister and cabinet pertain primarily to the operation of the civil service. [19]

Judiciary

The judiciary of Afghanistan, officially called the Judiciary of the Islamic Emirate of Afghanistan, [23] currently consists of the Supreme Court, appeals courts, civil courts and city courts. All justices of the appeals, civil and city courts are presided over by Chief Justice of the Supreme Court. [24]

The judicial system is heavily criticized by legal and human rights for the complete lack of due process, extreme punishments, and lack of legal representation for defendants. However others argue that due to government corruption, the Taliban's judicial system is quicker and more effective at dispensing justice. Because of this, Talibani courts were often sought out by locals in rural areas to resolve cases. [25] [26]

Supreme Court

The Supreme Court of the Islamic Emirate, [24] or Supreme Court of Afghanistan, is the final court of appeal in Afghanistan. Abdul Hakim Ishaqzai, who is Minister of Justice, currently presides over the court as Chief Justice. Beneath him are two deputy justices; Mohammad Qasim Rasikh and Sheikh Abdul Malik. [27]

Court of Appeals

The Court of Appeals are the court of second instance at the provincial level. Each court is currently presided over by a chief Justice appointed by the Supreme Court. [24]

Civil Courts

Civil Courts operate at the provincial level in seven provinces of Afghanistan as a civil court of first instance, operating on the same level of the provincial Court of Appeals. As its name implies civil cases currently are handled at this level in their respective province. Each civil court is currently presided over by a chief justice appointed by the Supreme Court.

Provinces that currently have civil courts as of 2021 are Baghlan, Samangan, Faryab, Sar-I-Pul, Kunar, Maidan Wardak, and Nuristan. [24]

City and Municipal Courts

City Courts function as the court of first instance at the municipal level across Afghanistan. Each court is currently presided over by a chief justice appointed by the Supreme Court. [24]

Administrative divisions

Provinces

The provinces are headed by governors who are appointed by the Leader in consultation with the Leadership Council. The Governor in turn oversees the governing of the province through various departments to handle different aspects of governance, which are parallel to the ministries that make up the Cabinet on the national level. [28] [29] [30] The provincial governor presided over several district governors who were also appointed by the Leadership of the Islamic Emirate. [31]

Districts

As with the Islamic Republic of Afghanistan, provinces are composed of several districts presided over by a governor. As with the provincial governor, the district's governor oversees their area's respective civil service. [31]

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. [32] 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. [33]

Currently the Islamic Emirate Army is subdivided into eight corps, mostly superseding the previous corps of the Afghan National Army. [34] In November 2021 Mullah Yaqoob, Acting Minister of Defense, announced the new names and of the corps. [35]

See also

Related Research Articles

The government of Afghanistan is currently disputed following the effective collapse of the Islamic Republic of Afghanistan during the fall of Kabul to Taliban forces on 15 August 2021 and the subsequent re-establishment of the Islamic Emirate of Afghanistan which now exercises de facto control over most of the country. On 7 September 2021 the Taliban officials in de facto control of most of Afghanistan announced a new interim government headed by Mullah Mohammad Hassan Akhund as Prime Minister. The government is subject to the oversight of the Taliban's Supreme Leader, Haibatullah Akhundzada. As of 8 September 2021, the Islamic Emirate of Afghanistan has not yet been formally recognized as the de jure government of Afghanistan by any other country. The representatives appointed by the Islamic Republic of Afghanistan continue to represent the country at the United Nations. These representatives have refused to recognize the Taliban appointed government and have urged other countries to not recognize this government either.

<span class="mw-page-title-main">Prime Minister of Afghanistan</span> Head of government of Afghanistan

The prime minister of Afghanistan is the head of government of Afghanistan. The position was created in 1927 as an official appointed by the King of Afghanistan. The holder served mostly as an advisor, until the end of the Kingdom of Afghanistan in 1973. During the 1980s, the position was the head of government. The post was abolished after the US invasion that ousted the Taliban regime, after which a presidential form of government was established which lasted from 2004 to 2021. After the US withdrawal and the re-establishment of the Taliban rule, the post was revived.

<span class="mw-page-title-main">Cabinet of Afghanistan</span> Administrative body of Afghanistan

The Cabinet of Afghanistan is the administrative body of the government of Afghanistan, responsible for day-to-day governance and the implementation of policy set by the Leadership. It is headed by the prime minister—who serves as the nation's head of government—and his deputies, and consists of the heads and deputy heads of the government ministries.

Chief Justice of Afghanistan Head judge on the Supreme Court of Afghanistan

The chief justice of Afghanistan is the head of Afghanistan's supreme court. There have been multiple supreme courts throughout Afghanistan's history. The current supreme court is the Supreme Court of the Islamic Emirate of Afghanistan, and its current chief justice is Abdul Hakim Ishaqzai.

The judiciary of Afghanistan currently consists of the Supreme Court, appeals courts, civil courts and city courts. All justices of the appeals, civil and city courts are presided over by Chief Justice of the Supreme Court.

<span class="mw-page-title-main">Sirajuddin Haqqani</span> Afghan Taliban leader and Haqqani network commander

Sirajuddin Haqqani is an Afghan Islamist militant, who has been serving as the first deputy leader of the Islamic Emirate of Afghanistan (Taliban) since 2016. Since the 2021 fall of Kabul, this position has made him the de facto first deputy head of state of Afghanistan. The leader of the Haqqani network, a semi-autonomous paramilitary arm of the Taliban, he has primarily been active in military affairs.

Ministry for the Propagation of Virtue and the Prevention of Vice (Afghanistan) Afghan Islamic law ministry

The Ministry for the Propagation of Virtue and the Prevention of Vice is the state agency in charge of implementing Islamic law in the Islamic Emirate of Afghanistan as defined by the Taliban. It was first instituted in 1992 by the Rabbani government of the Islamic State of Afghanistan and adopted in 1996 by the Taliban government of the Islamic Emirate of Afghanistan of 1996–2001. The ministry was restored in the reinstated Islamic Emirate in September 2021 after the August fall of Kabul.

<span class="mw-page-title-main">Leadership Council of Afghanistan</span> Supreme governing body of the Taliban and Afghanistan

The Leadership Council of the Islamic Emirate of Afghanistan, also translated as the Supreme Council, is the central governing body of the Taliban and—since the 2021 fall of Kabul and previously from 1996 to 2001—of Afghanistan. The Taliban uses a consensus decision-making model among members of the Leadership Council, though the supreme leader, who chairs the council, has ultimate authority and may override or circumvent it at any time. It played a key role in directing the Taliban insurgency from Quetta, Pakistan, which led to it being informally referred to as the Quetta Shura at the time.

Muhammad Rasul Afghan Taliban breakaway group leader since 2015

Muhammad Rasul was the leader of the High Council of the Islamic Emirate of Afghanistan, a Taliban dissident group in Afghanistan, until the group's dissolution in 2021. He was a Taliban-appointed governor of Nimruz Province, Afghanistan. Rasul exerted pressure and suppression on Pashtun factions unpopular with the Taliban, and made a considerable fortune controlling cross-border drug-smuggling through Nimruz.

Akhtar Mansour 2nd leader of the Islamic Emirate of Afghanistan

Akhtar Mohammad Mansour was the second leader of the Islamic Emirate of Afghanistan (Taliban), an Islamic fundamentalist political movement in Afghanistan. Succeeding the founding leader, Mullah Omar, he was the supreme leader from July 2015 to May 2016, when he was killed in a US drone strike in Balochistan, Pakistan.

<span class="mw-page-title-main">Hibatullah Akhundzada</span> 3rd leader of the Islamic Emirate of Afghanistan

Hibatullah Akhundzada, also spelled Haibatullah Akhunzada, is an Afghan Islamic scholar, cleric, and jurist who is the third and current leader of the Islamic Emirate of Afghanistan (Taliban), serving since 2016. Since the 2021 fall of Kabul, this position has made him Afghanistan's de facto ruler and head of state. However, he has remained a reclusive figure, and his low profile has fueled speculations about his role in the new Taliban government, and rumours that he may be dead. Except for an undated photograph, and several audio recordings of speeches, he has almost no digital footprint.

<span class="mw-page-title-main">Mullah Yaqoob</span> Afghan Taliban military leader

Mullah Mohammad Yaqoob Mujahid is an Afghan Islamic scholar, cleric, and Islamist militant who has served as the second deputy leader of the Islamic Emirate of Afghanistan (Taliban) since 2016. Since the 2021 fall of Kabul, this position has made him the de facto second deputy head of state of Afghanistan. He has also been the Taliban's military chief since 2020, and is the acting defense minister of Afghanistan in the Islamic Emirate's caretaker cabinet.

Sher Mohammad Abbas Stanikzai Deputy Foreign Minister of Afghanistan since 2021

Sher Mohammad Abbas Stanikzai is a senior member of the Afghan Taliban and the Deputy Minister of Foreign Affairs since 7 September 2021.

Abdul Hakim Ishaqzai Afghan Taliban jurist

Abdul Hakim Ishaqzai, also known as Abdul Hakim Haqqani and Abdul Hakim Sharie, is an Afghan Islamic scholar, writer and the current Chief Justice of the Supreme Court of the Islamic Emirate of Afghanistan since 2021 and Minister of Justice. He has also served as chief justice of the Supreme Court in the 1996–2001 Islamic Emirate of Afghanistan. He was the chairman of the negotiation team in the Qatar office. He is one of the founding members of the Taliban and was a close associate of the late leader Mullah Mohammed Omar.

<span class="mw-page-title-main">Leader of the Islamic Emirate of Afghanistan</span> Supreme leader of the Taliban and Afghanistan

The leader of the Islamic Emirate of Afghanistan, also referred to as the supreme leader of the Islamic Emirate of Afghanistan is the emir of the Taliban and—since the fall of Kabul in 2021 and previously from 1996 to 2001—the de facto ruler and head of state of Afghanistan. A supreme leader, the emir has unlimited authority on all matters of Taliban and Afghan governance, though the consultative Leadership Council significantly influences his decision-making. He is a national religious leader in addition to a political and military one. The current leader is Hibatullah Akhundzada, who assumed office on 25 May 2016, upon being chosen by the Leadership Council.

<span class="mw-page-title-main">Recognition of the Islamic Emirate of Afghanistan</span> International relations of Afghanistans Taliban government

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The politics of Afghanistan are dominated by the Taliban Islamic Movement, which has the sole authority to make government appointments. Following their takeover of Afghanistan, the Taliban announced a caretaker government on 7 September 2021 consisting entirely of established Taliban figures from the insurgency period.

Shiekh Mohammad Qasim Rasikh Turkmen is an Afghan Taliban leader and Hadith scholar. He is currently serving as Deputy Chief Justice of Supreme Court of the Islamic Emirate of Afghanistan alongside Sheikh Abdul Malik since 28 October 2021. He has also served as a member of the negotiation team in the Qatar office.

The Supreme Court of the Islamic Emirate of Afghanistan, known locally as the Stera Mahkama, is the court of last resort of the Taliban's justice system and—since the fall of Kabul in 2021—of Afghanistan. The court was established during the Taliban's first regime in the 1990s and was maintained throughout the Taliban insurgency after the fall of Kabul in 2001. The current chief justice is Abdul Hakim Ishaqzai, who was appointed in 2016 after the previous chief justice, Hibatullah Akhundzada, was named Leader of the Islamic Emirate of Afghanistan.

The Islamic Emirate and it’s System is a book and manifesto published by Abdul Haqim Ishaqzai, the Chief Justice of the Islamic Emirate of Afghanistan. The book is a manifesto of the Islamic Movement of Taliban describing how to establish and run an Islamic Emirate.

References

  1. ↑ "The Lawless Land: How Does the Taliban's Abolishing of Afghan Laws Affect Citizens' Security?". www.jurist.org. Archived from the original on 2022-02-12. Retrieved 2022-02-12.
  2. ↑ "Taliban plans to form 'commission' in 2022 to draft new constitution". ANI News. Archived from the original on 2021-12-29. Retrieved 2022-01-17.
  3. ↑ "What the Taliban's Constitution Means for Afghanistan". Fair Observer. 2022-01-26. Archived from the original on 2022-02-12. Retrieved 2022-02-12.
  4. ↑ "Taliban Cabinet has no 'actual' power and that's why they are fighting: Report". Hindustan Times. 2021-09-23. Archived from the original on 2021-10-09. Retrieved 2022-01-17.
  5. 1 2 3 4 "What Role Will the Taliban's 'Supreme Leader' Play in the New Government?". thediplomat.com. Archived from the original on 2021-09-10. Retrieved 2022-01-17.
  6. ↑ Reuters (2021-11-07). "Taliban appoint members as 44 governors, police chiefs around Afghanistan". Reuters. Archived from the original on 2022-01-26. Retrieved 2022-01-17.
  7. ↑ "Statement from the Taliban: "Announcing the Death of the Leader of the Faithful Mullah Omar"". Lawfare. 2015-07-31. Archived from the original on 2022-01-18. Retrieved 2022-01-17.
  8. 1 2 "Instructions of Amir-ul-Momenin (May Allah protect him) to governors about Afghans going to Western countries – Islamic Emirate of Afghanistan". Archived from the original on 2022-01-18. Retrieved 2022-01-17.
  9. ↑ Stenersen, Anne (2010). The Taliban insurgency in Afghanistan – organization, leadership and worldview. Norwegian Defence Research Establishment. p. 41. ISBN   978-82-464-1710-3.
  10. 1 2 "Statement from the Taliban: "Appointing a New Leader"". Lawfare. 2015-07-31. Archived from the original on 2022-01-18. Retrieved 2022-01-17.
  11. ↑ "Islamic Emirate Introduces New Members of Caretaker Cabinet". TOLOnews. Archived from the original on 2021-10-11. Retrieved 2022-01-17.
  12. ↑ "Abdul Hakim Haqqani appointed Afghanistan's chief justice". The Express Tribune. 2021-10-15. Archived from the original on 2021-10-15. Retrieved 2022-01-17.
  13. ↑ "Taliban name Kabul governor, mayor as part of new regime: Report". Hindustan Times. 2021-08-24. Archived from the original on 2022-01-18. Retrieved 2022-01-17.
  14. ↑ "Special Decree Issued by Amir-ul-Momenin on Women's Rights – Islamic Emirate of Afghanistan". Archived from the original on 2021-12-24. Retrieved 2022-01-17.
  15. ↑ Khan, Tahir; Tanzeem, Ayesha (29 August 2021). "Taliban Close to Formation of Cabinet, Announcement of New Government". Voice of America . Archived from the original on 10 February 2022. Retrieved 10 February 2022.
  16. ↑ "Analysis: How Are the Taliban Organized?". VOA. Archived from the original on 2021-11-02. Retrieved 2022-01-17.
  17. ↑ "Five Questions on the Taliban's Caretaker Government". United States Institute of Peace. Archived from the original on 2022-01-18. Retrieved 2022-01-17.
  18. ↑ Suhail Shaheen. محمد سهیل شاهین [@suhailshaheen1] (12 September 2021). "1/6 Mullah Mohammad Hasan Akhund, Prime Minister of the Islamic Emirate of Afghanistan met Sheikh Mohammad bin Abdur Rahman Al-thani, Deputy Prime Minister and Foreign Minister of the State of Qatar and Sheikh Mohammad bin Ahmad Al-Mosnad, Adviser to the Emir of Qatar" (Tweet). Archived from the original on 12 September 2021. Retrieved 21 February 2022– via Twitter.
  19. 1 2 "Acting PM of Afghanistan's Taliban gov't chairs cabinet meeting on economy". www.xinhuanet.com. Archived from the original on 2021-10-27. Retrieved 2022-01-19.
  20. ↑ "Taliban announces new Afghanistan govt: Here's a full list of acting cabinet ministers". The Indian Express. 2021-09-08. Archived from the original on 2022-01-19. Retrieved 2022-01-19.
  21. ↑ "How the Taliban governs itself". How the Taliban governs itself. Archived from the original on 2021-10-27. Retrieved 2022-01-19.
  22. ↑ "Taliban Cabinet has no 'actual' power and that's why they are fighting: Report". Hindustan Times. 2021-09-23. Archived from the original on 2021-10-09. Retrieved 2022-01-19.
  23. ↑ "د افغانستان اسلامي امارت د ستري محکمې د میزان جرېدې لومړی ګڼه!". Twitter (in Pashto). ستره محکمه (Supreme Court of Afghanistan). Archived from the original on 2022-04-30. Retrieved 2022-04-30.
  24. 1 2 3 4 5 "Supreme Court of the IEA appoints heads of the appellate courts – Islamic Emirate of Afghanistan". Archived from the original on 2022-01-22. Retrieved 2022-01-22.
  25. ↑ Welle (www.dw.com), Deutsche. "The disturbing trend of Taliban justice in Afghanistan | DW | 15.03.2017". DW.COM. Archived from the original on 2021-10-09. Retrieved 2021-10-09.
  26. ↑ Inside a Taliban court in Afghanistan. Al Jazeera English. 2 January 2015. Archived from the original on 9 October 2021. Retrieved 21 February 2022– via YouTube.
  27. ↑ "Abdul Hakim Haqqani appointed Afghanistan's chief justice". The Express Tribune. 2021-10-15. Archived from the original on 2021-10-15. Retrieved 2022-01-22.
  28. ↑ "Deputy Governor of Zabul meets representatives of Public Health Department – Islamic Emirate of Afghanistan". Archived from the original on 2022-01-22. Retrieved 2022-01-22.
  29. ↑ "Traffic department organizes 15-day driving course in Helmand: – Islamic Emirate of Afghanistan". Archived from the original on 2022-01-22. Retrieved 2022-01-22.
  30. ↑ "Director of Nangarhar Rural Rehabilitation and Development visits power project – Islamic Emirate of Afghanistan". Archived from the original on 2022-01-22. Retrieved 2022-01-22.
  31. 1 2 "The Layha: Calling the Taleban to Account". Afghanistan Analysts Network - English (in Pashto). 2011-07-04. Archived from the original on 2021-12-05. Retrieved 2021-10-09.
  32. ↑ "Taliban announces new government in Afghanistan". www.aljazeera.com. Archived from the original on 2021-11-04. Retrieved 2021-10-02.
  33. ↑ "Who's Who In The Taliban: The Men Who Run The Extremist Group And How They Operate". RFE/RL. Archived from the original on 2021-10-27. Retrieved 2021-10-02.
  34. ↑ "Islamic Emirate Introduces New Members of Caretaker Cabinet". TOLOnews. Archived from the original on 2021-10-11. Retrieved 2021-10-09.
  35. ↑ 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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