Massimo Papa, Afghanistan: Tradizione giuridica e ricostruzione dell'ordinamento tra Shari'a, consuetudini e diritto statale

Last update: 2022-04-22 09:50:22

The long troubles of Afghanistan do not seem to have ended with the promulgation of the Constitution (2004). After centuries of foreign domination, the attempt to build a modern state, the Soviet invasion, the war of liberation in the name of Islam, the transformation of the country into a theocratic regime styled on totalitarianism and subsequently ousted by the intervention of a multi-national force have followed in swift succession. The result appears to be the progressive stratification of cultures and attitudes both local and imported, come together without actually coalescing into a national unity. The survival of tribalism and urban civilisation is reflected in the legal system. This has resulted into an overlapping of customary law, religious law and imported laws that can hardly be referred to a unitary, consistent structure. The author, who is directly involved in the reconstruction of the juridical and institutional fabric of Afghanistan by a mandate from the United Nations, reports on the evolution of Afghan law by going back to its origin, thus revealing the complexity of the country's juridical landscape.