Afghanistan: Review of Constitutional Reform 2021

Abstract

This chapter examines the constitutional landscape in Afghanistan following the Taliban's swift takeover in August 2021, which marked a dramatic shift in the country's legal and political order. Departing from the conventional path of formal constitutional reform, the Taliban has opted for a more opaque approach, effectively dismantling the 2004 Constitution through a series of decrees and unwritten codes enforced through intimidation and violence. The chapter explores the key areas of this de facto constitutional reform, including the establishment of a shadow government dominated by Taliban members, the imposition of a strict interpretation of Sharia law based on Hanafi jurisprudence, and the severe curtailment of human rights, particularly those of women and minorities. It argues that the Taliban's approach to governance reflects a deep aversion to Western influences and a preference for an authoritarian, centralized state, characterized by a lack of transparency and accountability. The chapter also considers the implications of these developments for the future of constitutionalism and the rule of law in Afghanistan, highlighting the challenges posed by the Taliban's strategic indeterminacy and the uncertainty surrounding their long-term vision for the country. It concludes by reflecting on the potential trajectories of Afghanistan's legal and political systems under Taliban rule and the role of the international community in shaping the country's constitutional future.

Keywords: Taliban, Afghanistan, Human Rights, Unwritten Constitution, Hanafi Jurisprudence, Interim Government