The Legal Framework

Abstract

AbstractThis chapter discusses the legal framework and conceptual analyses of the role of Sharia principles in the legal history of Afghanistan. Since Islamic principles are considered a general framework that covers almost all aspects of Muslim life, especially the legal aspects, the chapter makes clarification on the role of Islam and religious leaders in Afghan society. This chapter will demonstrate the roots of religion in the field of law in Afghanistan and reveals the significant role of Islamic Sharia in the legal history of Afghanistan. Furthermore, it proves that the power of law derives mainly from Islamic principles and has its foundation in the beliefs of the people who govern and is well connected to values that are respected in Afghan society, including custom and morality. Due to the differences between the Afghan society and other majority Muslim countries in terms of the definition of Islamic concepts, this chapter sheds light on the exact meaning of the terms Islam, Sharia, and fiqh in the Afghanistan context.KeywordsAfghanistanIslamShariaFiqh