Ministry of Justice Affirms Sharia as Sole Foundation of State Law, Warns Against Protests

KABUL – The Ministry of Justice of the Islamic Emirate of Afghanistan issued a comprehensive statement on Wednesday, asserting the absolute conformity of the nation’s legal framework with Islamic Sharia and declaring that any protest against the country’s laws constitutes a direct protest against divine law itself.

The Ministry categorically stated that there exists “no article, clause, subsection, provision, or ruling within the legislative documents of the Islamic Emirate that contradicts Islamic Sharia or lacks an authentic Sharia-based source.” It emphasized that the entire corpus of law is “meticulously derived from and fully aligned with” Islamic principles.

Protests Deemed Illegitimate and Criminal

The statement addressed recent demonstrations, clarifying that objections to promulgated laws are fundamentally invalid. It asserted that such protests “possess no Sharia-based or legitimate scholarly foundation” and are conducted either “out of ignorance of the legal and religious injunctions or through a deliberate disregard for them.”

Consequently, the Ministry defined these actions as criminal under Sharia law. “Individuals who persist in objecting to these divinely-aligned laws will be formally referred to the relevant judicial and legal bodies for investigation and prosecution,” the statement warned, underscoring the serious legal repercussions for dissent against the legal system.

Elaborate Scholarly Process Outlined

To underscore the religious legitimacy of the legal process, the Ministry detailed the rigorous procedure for lawmaking. It explained that legislative documents are not drafted arbitrarily but are “the product of a meticulous, multi-tiered scholarly effort.”

According to the release, specialized committees composed of “qualified Afghan scholars” within each relevant ministry and government department undertake the initial drafting. These drafts are then scrutinized by higher committees at the Ministry of Justice, the Supreme Court, and the Office of the Leader of the Islamic Emirate.

The statement specified that these scholars derive all legislation exclusively from primary Islamic sources: “the Book of Allah (the Holy Quran), the authentic Sunnah of the Prophet Muhammad (Peace Be Upon Him), and the authoritative jurisprudential texts of the Hanafi school of thought,” which is historically predominant in Afghanistan.

Final Approval Rests with the Supreme Leader

The Ministry further emphasized the final layer of oversight, noting that all legislative documents undergo “repeated and thorough review for absolute compliance with Islamic Sharia” throughout the process. Following this exhaustive verification, they are “presented to the esteemed Leader of the Islamic Emirate for his final review and endorsement,” ensuring that every law reflects the highest degree of religious fidelity.

Purpose and Implications

This statement serves as both a definitive assertion of the Islamic Emirate’s legal philosophy and a stark warning to potential dissenters. It positions the state’s authority as inextricable from religious doctrine, thereby challenging the very premise of secular or rights-based protest against government policies. By framing state law as a direct extension of Sharia, the authorities aim to delegitimize any opposition, categorizing it not merely as political dissent but as religious transgression.

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