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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. [1]
Although some individuals received secular judicial training in the early 2000s, the majority of local court officials came from Muslim religious schools and lacked judicial skills. [2] However, the nominal requirements for participation in the judiciary are relatively high, and the pay is quite low.[ citation needed ] The respective roles of Islamic and secular law in the former judicial system during the Islamic Republic era have not been well established; a large portion of the current law code is based on laws passed under the last king, Mohammad Zahir Shah (ruled 1933–73). [2] In rural areas, where local elders and tribal authorities resolve criminal cases, verdicts often are based on Islamic and tribal law. [2] After returning to power in 2021, the Taliban removed women from judgeships in Afghanistan. The government of Canada agreed to resettle many Afghan women judges. [3]
The Supreme Court of the Islamic Emirate, [1] or Supreme Court of Afghanistan, is the final court of appeal in Afghanistan. Per Articles 117 and 118 of the Constitution, the chief can be appointed by the president and the house of the people per Articles 117 and 118 of the Constitution. 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. [4]
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. [1] The heads of Dewans and additional judicial members can also serve in this court, in accordance with Article 31. [5]
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. [1]
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. [1]
Under the Taliban, the courts both prosecute and decide the result of criminal cases. Under the Islamic Republic of Afghanistan there was an independent attorney general and system of prosecutors, but the Taliban transferred responsibility for the prosecution of crimes to the courts. [6]
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.
The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.
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The Supreme Court of the Islamic Emirate of Afghanistan, known locally as the Stera Mahkama, is the court of last resort of Afghanistan. Under the current Taliban government, the court has no independence or power of judicial review; the supreme leader of Afghanistan holds the ultimate authority to decide and interpret the law and may overturn any decision of any court. The current chief justice is Abdul Hakim Haqqani.
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The law in Afghanistan is the uncodified Sharia, interpreted according to the Hanafi jurisprudential school. The ruling Taliban has maintained a strict Hanafi-only approach, ignoring enumeration of international rights, that bears greater similarity to Iran and its "Ja'fari only" jurisprudential stance than countries like Pakistan which follow a non-exclusive parliamentary approach to Islamic law. Whilst opposing codification, in the past, the Taliban written policy has instructed judiciary to consult the Mecelle, a late Ottoman codification of Hanafi Mu'amalat, in matters of civil law.
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The High Court of Kenya is a court of unlimited original jurisdiction in criminal and civil matters established under article 165 of the constitution of Kenya as part of the Kenya Judiciary. It also has supervisory jurisdiction over all other subordinate courts and any other persons, body or authority exercising a judicial or quasi-judicial function. It was known as the Supreme Court of Kenya until 1964 and its name has remain unchanged since then.
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
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Abdul Hakim Haqqani, also known as Abdul Hakim Ishaqzai, is an Afghan Islamic scholar, writer who has served as the chief justice of Afghanistan since 2021. 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.
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.
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.
Sheikh Mawlawi Abdul Malik is an Afghan Taliban leader and Islamic scholar. He is currently serving as Deputy Chief Justice of the Supreme Court of the Islamic Emirate of Afghanistan alongside Mohammad Qasim Rasikh since 28 October 2021.
The Islamic Emirate and its 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.