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The legal system of Afghanistan consists of Islamic, statutory and customary rules. It has developed over centuries and is currently changing in the context of the rebuilding of the Afghan state. The supreme law of the land is the Sharia. In addition, there is complex legislation that stems from different historical periods. For instance, the so-called four volumes of civil law were developed on the basis of Egyptian models and promulgated in the time of the monarchy. Other legislation came into force under of PresidentDaoud Khan, the Democratic Republic (1978-1992), the Mujahideen (1992-1996), the first Taliban regime (1996-2001), the Islamic Republic of Afghanistan (2004–2021) and the current Islamic Emirate of Afghanistan. Article 130 of the Afghan Constitution establishes that judges must apply the constitution and legislation and may only resort to Hanafifiqh (one of the Schools of Islamic Law) if a necessary legal rule cannot be found in the written laws.[1]
The Judiciary system consists of five major courts: 1) The Supreme court, 2) The court of Appeals, 3) The Primary courts, 4) The Juvenile court, and 5) The Commercial court. Court cases are generally handled at the primary and appeal stages by three major judges. The cessation stage could also be deliberated with two or more participant judges, applying the constitution and laws of the Islamic Republic of Afghanistan.
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