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 Afghanistan portal |
The law in Afghanistan is the uncodified Sharia (Islamic law), interpreted according to the Hanafi jurisprudential school.[1] 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.[2] 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.[3]
- ^ Rahimi, Haroun. "Afghanistan." Yearbook of Islamic and Middle Eastern Law Online 22.1 (2023): 127-138.
- ^ Nelson, Matthew (2021). "Taliban Law: Theory and Practice". Melbourne Asia Review.
- ^ Jackson, Ashley, and Florian Weigand. "Rebel rule of law." (2020).