The Impact of Religion and Culture on the Supremacy of the Constitution in Afghanistan

Abstract

Afghanistan’s social composition demonstrates it to be a pluralist, multi-cultural, multi-lingual, and multi-ethnic country. The life and behaviour of its citizens are, for example, governed by more than one source of law, namely those of Islam and Afghan culture. In light of this, the current article attempts to, firstly, explain Islam as a source of law in Afghanistan and its supremacy over that country’s constitution and then, secondly, apply the same logic to culture as rooted in Afghan tribal and ethnic traditions. While many cultural traditions exist in Afghanistan, this article focuses solely on the constitutionally recognised Loya Jirga (Great Assembly). Finally, the study suggests applicable solutions for maintaining the authority of the constitution in the presence of Islam and Afghan custom. This, it is hoped, will help Afghanistan escape its ongoing political instability and avoid the relentless downfall of governments.