The Taliban, the Afghan government and the law | Taliban


The Taliban have seized Afghanistan so freely that few expect it. Now that the foreign armies have left, the army is facing the daunting task of controlling the country. Can it withstand?

Tragic images of Afghan civilians dying as they try to flee the country, as well as the fears and fears that Afghans who remain in the country are expressing to their friends and journalists, show that there is serious doubt about the end of the ruling Taliban.

The Taliban leadership, on the other hand, has always expressed confidence in its role, saying the group could resolve issues and create security in the country. “We do not have any ongoing cases,” said Abdul Qahar Balkhi, a Taliban official, in a recent interview with the Turkish Habertürk channel. Meanwhile, social media accounts of Taliban journalists continue to share photos of those who are said to be moving around Afghanistan’s cities, or of alleged terrorists shaking violently after being arrested.

A recent terrorist attack on Kabul airport condemned the incident, but the group blamed the US and disrupted their departure from Afghanistan. Taliban leaders seem to think that the security part of the regime has been identified.

However, I would say that the Taliban misunderstand the meaning of national security. People can feel safe if they feel protected not only from criminals and criminals but also from government and government officials. The following security measures can only be granted if the people are being treated in accordance with the law.

Although the term “legal code” is widely used, there is no consensus on the common meaning. By that definition, it can include the proper administration and assurance of human rights, but here I am using a practical definition. The Society is governed by rules such as: first, the rules are simple, straightforward, and non-refundable, apply the rules.

If Afghans are unfamiliar with the rules and cannot guarantee that future laws cannot be applied to their past, they will not be safe. They will live in constant fear of the violence that the government approves.

The Taliban have not yet confirmed that the country’s existing laws will continue to work or establish new legal systems. They often say that “Sharia” will be the law but anyone who knows Fiqh, the human understanding of Sharia that applies, knows that such questions raise more questions than answers.

The Taliban need to articulate a law that begins with the Afghans’ precautionary measures in the near future to eradicate the country and prevent the emigration and emigration of citizens. Sadly, the opposite seems to be happening. The Taliban have left answers to key questions, such as the rights of Afghan women, until a time of uncertainty in the future when their fighters are “trained” to deal with women.

If Afghans cannot be sure that those in power are compelled by explicit laws and that there are risks of violating them, they will not be safe. Meanwhile, a man with a gun who looks otherwise has the power to torture, torture, humiliate and kill Afghan people. Afghan TV shows have examples of this.

How can anyone, including those in positions of responsibility, be held accountable to the law?

First, achieving this goal requires a separation of powers. If the power to make laws, legislate and adjudicate disputes are subordinate to a minority group or the delegates are selected, supervised, and trusted in a minority group, then there is no doubt that the power to hold the case accountable. This means that different jurisdictions have to be delegated to different organizations in order to monitor the same.

There must also be capacity building for local councils and political participation in elections. Having Afghans elected state and national administrators ensures that power is shared in different areas. This could create barriers to government power over its citizens.

Scholars have disagreed on legal issues throughout the history of Islam. Some have argued that Islam is a good example of the rule of law and the separation of powers as Fiqh is not in the hands of the ruler but is instead made up of ulama, an independent group of Islamic scholars. Some have argued that the ulama ‘and Muslim rulers often work together to protect their interests: to defend their beliefs, to preserve the ulama’ and to oppress political opponents in order to retain power over the ruling elite.

In the minds of Afghanistan, there is very little evidence that ulama can be a deterrent to the movement. In the past, the Taliban simply ignored, or at times snatched, ulama from their allies.

In addition to the separation of powers, applicable laws and autonomy in the review. Whenever a government or a representative of the government makes a decision that is harmful to a person, it must be in accordance with the law. This means that there must be transparent mechanisms in which the parties involved can challenge the government’s decision and the actions of government agencies and be confident that their claims can be considered by an impartial judge in accordance with the law.

The judge must give a conclusive answer if the violation is justified, and the judgment should be challenged by the government or those in power. No one judging a case like a judge should have the final say in the case. A dissatisfied party should have the right to request.

The Islamic Republic of Afghanistan has suffered from political instability as the Afghan president and his allies have fostered a self-governing idea that the president as head of state oversees all three spheres of government, including the judiciary, and has unallocated residual power. directly in accordance with state law.

The Taliban, in the past, also failed to take measures to protect their citizens from political interference. Following an understanding of the role of the judge in the ancient Fiqh, which sees increasing political power, and with the judge as an agent, the Taliban have often overlooked the need to protect the courts and individual ruling judges.

The Taliban have shown no interest in seeking power through institutions. They consider dominion and authority to be the right thing for the ruler to do. His leadership tends to think that good leadership only needs the right people, who understand that they are the ones who are in line with their ideals and trust them.

This is why they have been working for government agencies especially among themselves as they try to control the government and promote leadership. There is not enough attention paid to government agencies.

The only way the Taliban can control Afghanistan is to trust the Afghans, who want to leave, to continue to contribute to its growth and to establish laws, appropriate mechanisms and to work to create better institutions.

For people to feel that their lives, property, and dignity are protected, it is not enough for criminals and terrorists to be punished; it is also important, or more important, that the government and its officials are accountable. Powers must be reconciled with the administration of power such as the separation of powers, local and national elections, and appropriate legislation.

The views expressed in this article are those of the author and do not necessarily reflect the views of Al Jazeera.



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