The Taliban, Afghan constitutionalism and modern Islamic law states

Renegotiating the Balance of Religious and Secular Law

Bibliographic Data

ID6426092
AuthorsEmilia Justyna Powell (0000-0001-7433-8715), Joshua Paldino
Year2025
Volume14
Issue3
Pages1-28
Publication date2025-03-18
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueGlobal Constitutionalism (JOURNAL)
Journal identifiersISSN: 2045-3817 • E-ISSN: 2045-3825
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s2045381725000048
OpenAlexW4408587258
LanguageEN
Citations received1
References cited8

Reflecting on the Islamic law–secular law balance in past Afghan constitutional regimes and contemporary Taliban rule, this paper contextualizes Afghan constitutionalism in a broad spectrum of constitutional traditions present in other Islamic law states (ILS). Though the Taliban are reticent about their plans for a constitutionally-anchored society, similar to processes elsewhere, the organization’s previous drafters relied upon the country’s previous constitutional regimes and on other countries’ constitutions. Though necessarily aspirational, we argue that taking lessons from the Taliban’s history, Afghanistan’s own rich constitutional tradition, and contemporary ILS’ approaches—combined with international cooperation—there may be a way forward for a Taliban-led Afghanistan: one grounded in a stable constitutional order that protects the dignity of Afghan people. But since the Taliban regained control of the country, its people have endured extreme social and economic hardship. The ongoing crisis cannot be ignored. This paper does not seek to disregard or minimize Taliban-induced atrocities; rather, by exploring the history of Afghan constitutionalism through a different lens, it looks to provide a building block for a future, more stable solution. While the existing scholarship focuses mainly on the current Taliban practices, we examine past Afghan constitutions and propose the potential for specific legal solutions in the context of the country’s robust constitutional tradition. We rely on qualitative and quantitative data in analyzing the nexus between secular law and Islam-based constitutional language, highlighting certain trends and patterns. In an important way, therefore, our research places the Taliban efforts at constructing a legal system as part of an evolving—however jolted by the Taliban—constitutional process

Afghan · Balance (ability · Constitutionalism · Democracy · Islam · Political science · Politics · Secular state · Secularism · Sharia · Theology · Law · Philosophy · Political Conflict and Governance · Politics and Conflicts in Afghanistan, Pakistan, and Middle East · Terrorism, Counterterrorism, and Political Violence

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