Afghanistan

Abstract

Abstract This survey provides an examination of the legal innovations introduced by the Islamic Emirate of Afghanistan (IEA) under the Taliban’s governance since their return to power in August 2021. In the absence of a defined constitutional text or a permanent government, the IEA’s political project centers on the double objectives of implementing classical Hanafi jurisprudence (fiqh) through modern state apparatus and maintaining control over the IEA’s burgeoning state structure. The chapter focuses on three key legal developments: The Procedure of Processing Legislative Documents, the Law on the Duties and Authorities of the High Directorate of Supervision and Prosecution of Decrees and Edicts, and the establishment of provincial Ulama councils. The survey sheds light on the evolving legal landscape in Afghanistan under the IEA’s rule, highlighting the intricate balance between classical Hanafi jurisprudence, modern state governance, and internal control. The legal innovations analyzed provide valuable insights into the ideological and practical considerations shaping the IEA’s approach to governance in post-2021 Afghanistan.