Supreme Court of Afghanistan

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Supreme Court of Afghanistan
ستره محكمه
Established4 January 2004
LocationGreat Massoud Road, Kabul
Coordinates34°32′16″N 69°11′39″E / 34.5378°N 69.1941°E / 34.5378; 69.1941Coordinates: 34°32′16″N 69°11′39″E / 34.5378°N 69.1941°E / 34.5378; 69.1941
Authorized byConstitution of Afghanistan
Websitesupremecourt.gov.af/en
Chief Justice
CurrentlyAbdul Hakim Ishaqzai
Since28 October 2021
1st Deputy Chief Justice
CurrentlyMohammad Qasim Rasikh
Since28 October 2021
2nd Deputy Chief Justice
CurrentlySheikh Abdul Malik
Since28 October 2021
Politics of Afghanistan
Constitution
Government
Administrative divisions
Elections
Foreign relations
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The Supreme Court of Afghanistan, or Stera Mahkama (Pashto: ستره محكمه), is the court of last resort in the Islamic Emirate of Afghanistan. It was created by the Constitution of Afghanistan, which was approved on January 4, 2004. Its creation was called for by the Bonn Agreement, which read in part:

The judicial power of Afghanistan shall be independent and shall be vested in a Supreme Court of Afghanistan, and such other courts as may be established by the Interim Administration.

In August 2021, when the Islamic Republic of Afghanistan collapsed, the nine-member court was made up of the following justices:

  • Chief Justice Sayed Yousuf Halim[1]
  • Dr. Abdul Malik Kamawi[2]
  • Barat Ali Mateen
  • Pohadowy Abdulqader Adalatkhwah
  • Abdul Haseb Ahadi
  • Mohammad Zaman Sangari

The nine justices on the tribunal were appointed for 10-year terms by the President of Afghanistan, with the approval of the Wolesi Jirga, the lower house of the National Assembly. The President selected one of the nine members to serve as Chief Justice. The former Constitution allowed for judges to be trained in either civil or Islamic law. Matters of law with no provision in the Constitution or other standing laws would be judged by the Hanafi jurisprudence. The judiciary applied the Shia school of law in cases dealing with personal matters of those who are of the Shia sect, where applicable.

The Court was previously dominated by conservative religious figures and the former Chief Justice, Faisal Ahmad Shinwari, in particular was described as "ultra conservative." Several of its rulings disappointed reform-minded Afghans and people in the Western world. For instance:

  • the court, during the 2004 presidential election campaign, sought to ban a candidate who questioned whether polygamy was in keeping with the spirit of Islam;
  • they called for an end to the cable television service in the country, at least pending government regulation, due in part to the apparent influence of films from Bollywood, which were allegedly prurient;[3]
  • the court upheld the death penalty for two journalists convicted of blasphemy for saying the Islam being practised in the country was reactionary;[4]
  • they banned women from singing on television;[5][6] and
  • they ruled that a girl, given as a bride when 9 years old and now 13, could not get a divorce from her abusive husband, notwithstanding a law that made it illegal for girls under 16 to marry.[7]
  • they ruled that the punishment for homosexuality is death, even through the penal code of 1976 stipulated a long prison sentence for adultery and sodomy.[8]

In 2006, President Hamid Karzai appointed several new, more moderate members to the court. However, he also chose to renominate Faisal Ahmad Shinwari as Chief Justice. Despite controversy surrounding the validity of Shinwari's legal credentials, his nomination was allowed to continue, but ultimately failed when voted on in the National Assembly. Karzai then chose his legal counsel, Abdul Salam Azimi, to succeed Shinwari. Azimi's nomination passed, and the new court was sworn in on August 5, 2006.

On January 17, 2021, two female judges working at the Afghan Supreme Court were killed as they were driving to work.[9]

The Supreme Court of Afghanistan de facto ceased to function following the fall of Kabul to the Taliban and the collapse of the Islamic Republic of Afghanistan.

On 15 December 2021, The Supreme Court has appointed 69 Chief Justice of the Court of Appeal and .[10]

Building[]

The Supreme Court was housed in a four storey office building on Great Massoud Road, next to Massoud Square. On February 7, 2017, a suicide bomber killed 20 people outside the building.[11][12]

See also[]

References[]

  1. ^ "Archived copy". Archived from the original on 2015-10-03. Retrieved 2015-09-21.CS1 maint: archived copy as title (link)
  2. ^ Biography of the Supreme Court Current Members, Supreme Court, Islamic Republic of Afghanistan, accessed January 17, 2021
  3. ^ Afghanistan: Supreme Court bans cable TV Archived 2005-12-15 at the Wayback Machine 21 January 2003
  4. ^ Supreme court confirms death sentence for two journalists for "blasphemy" Archived 2003-12-02 at the Wayback Machine 6 August 2003
  5. ^ Afghan Supreme Court Upholds Media Ban on Women August 31, 2002
  6. ^ Afghan TV U-turn on women singers 16 January 2004
  7. ^ 415: Media Not Supported Archived 2008-10-28 at WebCite Arizona Daily Star
  8. ^ Harsh Penalties Remain for Gays in Afghanistan Archived 2012-05-27 at archive.today Washington Blade, April 19, 2002
  9. ^ Gunmen kill two female Supreme Court judges in Afghanistan: police, Abdul Qadir Sediqi, Reuters, January 17, 2021
  10. ^ "سترې محکمې په ټول هېواد کې د مختلفو محاکمو قاضیان ګومارلي". December 15, 2021.
  11. ^ Bacon, John (February 7, 2017). "20 killed in blast outside Afghan Supreme Court". USA Today. Retrieved February 7, 2017.
  12. ^ McKernan, Bethan (February 7, 2017). "At least 20 killed in blast outside Afghanistan's Supreme Court". The Independent. Retrieved February 7, 2017.
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