Afghanistan Rising

Afghanistan Rising

Author: Faiz Ahmed

Publisher: Harvard University Press

Published: 2017-11-06

Total Pages: 448

ISBN-13: 0674971949

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Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.


Constitution of the Islamic Republic of Afghanistan

Constitution of the Islamic Republic of Afghanistan

Author: Government of Afghanistan

Publisher: Good Press

Published: 2021-04-11

Total Pages: 36

ISBN-13:

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Afghanistan's constitution was approved by consensus on January 4, 2004, and President Hamid Karzai acceded to it in Kabul on January 26, 2004. The norms of adherence to the tenets of Islam's holy religion, as well as Islamic constitutionalism, shall not be altered. Modifying people's fundamental rights is only allowed to improve them. Articles 149 and 150 of the Constitution cover the duties and obligations of the legislative organ in amending other articles of the Constitution. It is made up of a preamble and 162 articles organized into 12 chapters. Chapter I: State; Chapter II: Fundamental Rights and Duties of Citizens; Chapter III: The President; Chapter IV: Government; Chapter V: National Assembly; Chapter VI: Loya Jirga; Chapter VII: The Judiciary; Chapter VIII: Administration; Chapter IX: State of Emergency; Chapter X: Amendments; Chapter XI: Miscellaneous Provisions; Chapter XII: Transitional Provisions.


Afghanistan: Politics, Elections, and Government Performance

Afghanistan: Politics, Elections, and Government Performance

Author:

Publisher: DIANE Publishing

Published: 2009

Total Pages: 31

ISBN-13: 1437927416

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In the context of a review of U.S. strategy in Afghanistan during September-November 2009, the performance and legitimacy of the Afghan government figured prominently. In his December 1, 2009, speech announcing a way forward in Afghanistan, President Obama stated that the Afghan government would be judged on performance, and "The days of providing a blank check are over." The policy statement was based, in part, on an assessment of the security situation furnished by the top commander in Afghanistan, General Stanley McChrystal, which warned of potential mission failure unless a fully resourced classic counterinsurgency strategy is employed. That counterinsurgency effort is deemed to require a legitimate Afghan partner. The Afghan government's limited writ and widespread official corruption are believed by U.S. officials to be helping sustain a Taliban insurgency and complicating international efforts to stabilize Afghanistan. At the same time, President Hamid Karzai has, through compromise with faction leaders, been able to confine ethnic disputes to political competition, enabling his government to focus on trying to win over those members of the ethnic Pashtun community that support Taliban and other insurgents.


Sharia and Women's Rights in Afghanistan

Sharia and Women's Rights in Afghanistan

Author: Anastasiya Hozyainova

Publisher:

Published: 2014

Total Pages: 9

ISBN-13: 9781601272263

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Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.


The Fragmentation of Afghanistan

The Fragmentation of Afghanistan

Author: Barnett R. Rubin

Publisher: Yale University Press

Published: 2002-01-01

Total Pages: 436

ISBN-13: 9780300095197

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This monumental book examines Afghan society in conflict, from the 1978 communist coup to the fall of Najibullah, the last Soviet-installed president, in 1992. This edition, newly revised by the author, reflects developments since then and includes material on the Taliban and Osama bin Laden. It is a book that now seems remarkably prescient. Drawing on two decades of research, Barnett R. Rubin, a leading expert on Afghanistan, provides a fascinating account of the nature of the old regime, the rise and fall of the People’s Democratic Party of Afghanistan, and the troubled Mujahidin resistance. He relates all these phenomena to international actors, showing how the interaction of U.S. policy and Pakistani and Saudi Arabian interests has helped to create the challenges of today. Rubin puts into context the continuing turmoil in Afghanistan and offers readers a coherent historical explanation for the country’s social and political fragmentation. Praise for the earlier edition: "This study is theoretically informed, empirically grounded, and gracefully written. Anyone who wants to understand Afghanistan’s troubled history and the reasons for its present distress should read this book.” —Foreign Affairs "This is the book on Afghanistan for the educated public.” —Political Science Quarterly


The Right to a Fair Trial

The Right to a Fair Trial

Author: D. Weissbrodt

Publisher: Springer

Published: 2011-09-16

Total Pages: 779

ISBN-13: 9783642643309

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The volume contains the papers submitted to the International Symposium on "The Right to a Fair Trial" held at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. The Symposium undertook one of the most comprehensive surveys in recent times of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and international law. Well-known specialists assess to which extent these standards have actually been implemented in national legal systems and what reforms are necessary to enhance the effectiveness of international human rights law in this area.


The Rule of Law in Afghanistan

The Rule of Law in Afghanistan

Author: Whit Mason

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 367

ISBN-13: 1139495526

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How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.


Informal Order and the State in Afghanistan

Informal Order and the State in Afghanistan

Author: Jennifer Brick Murtazashvili

Publisher: Cambridge University Press

Published: 2016-04-21

Total Pages: 365

ISBN-13: 1107113997

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Despite vast efforts to build the state, profound political order in rural Afghanistan is maintained by self-governing, customary organizations. Informal Order and the State in Afghanistan explores the rules governing these organizations to explain why they can provide public goods. Instead of withering during decades of conflict, customary authority adapted to become more responsive and deliberative. Drawing on hundreds of interviews and observations from dozens of villages across Afghanistan, and statistical analysis of nationally representative surveys, Jennifer Brick Murtazashvili demonstrates that such authority enhances citizen support for democracy, enabling the rule of law by providing citizens with a bulwark of defence against predatory state officials. Contrary to conventional wisdom, it shows that 'traditional' order does not impede the development of the state because even the most independent-minded communities see a need for a central government - but question its effectiveness when it attempts to rule them directly and without substantive consultation.


Under Caesar's Sword

Under Caesar's Sword

Author: Daniel Philpott

Publisher: Law and Christianity

Published: 2018-03-15

Total Pages: 537

ISBN-13: 1108425305

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The first systematic global study of how Christians respond to persecution, presenting new research by leading scholars of global Christianity.