The Rule Of Law In Afghanistan: Prospects Under The Taliban Rule

Abstract

This chapter examines Afghanistan's legal and governance structures following the Taliban's 2021 return to power, analyzing how their interpretation and implementation of Sharia law fundamentally challenges conventional rule-of-law principles. Through an analysis of the Taliban's governance model, the chapter demonstrates how their selective and extreme interpretation of Islamic law serves primarily as a mechanism for social control and power consolidation rather than legitimate legal administration. It examines three critical aspects: the intentional ambiguity in their legal framework, their departure from traditional Islamic jurisprudential principles, and the systematic dismantling of institutional independence. While the Taliban's justice system provides swift resolution in civil matters, it undermines fundamental legal protections through arbitrary enforcement and harsh punishments. The chapter reveals how their interpretation of Sharia deviates significantly from both historical Islamic legal traditions and contemporary Islamic jurisprudence. By analyzing the Taliban's approach to governance and law, the chapter offers insights into the challenges of establishing the rule of law in post-conflict societies and questions the viability of externally imposed legal frameworks in culturally distinct contexts.

Keywords: Authoritarianism, Taliban, Afghanistan, Unwritten Constitution, Human Rights, Women Education, Sharia Law, Islamic Law, Rule of Law