April 26, 2020

THERE IS NO AFGHANISTAN:

Taliban Constitution Offers Glimpse Into Militant Group's Vision For Afghanistan (Frud Bezhan, 4/26/20, Radio Liberty)

In the document, power was centralized in the hands of an "Amir ul-Momineen," or leader of the faithful. This supreme leader was the head of state and had ultimate authority. This was Mullah Omar, the Taliban's spiritual leader and founder.

The constitution did not describe how such a leader would be selected or for how long he could serve. But it said the supreme leader must be male and a Sunni Muslim.

An Islamic council, handpicked by the supreme leader, would serve as the legislature and implement laws and policy. The government, headed by the head of the council of ministers -- a quasi-prime ministerial position -- would report to the Islamic council.

Under the constitution, Sunni Islam was to be the official state religion, even though some 15 percent of the population are Shi'ite Muslims.

The document stated that no law could be contrary to Islamic Shari'a law.

The constitution granted freedom of expression, women's education, and the right of a fair trial, but all within the limits of the Taliban's strict interpretation of Shari'a law.

It is unclear how the document shaped the Taliban's draconian laws and brutal policies during its Islamic Emirate, the official name of the Taliban regime that ruled Afghanistan from 1996-2001.

The Taliban banned TV and music, forced men to pray and grow beards, forced women to cover themselves from head to toe, and prevented women and girls from working or going to school. The Taliban amputated the hands of thieves, publicly flogged people for drinking alcohol, and stoned to death those who engaged in adultery. Executions were common.

Andrew Watkins, a senior analyst for Afghanistan at the International Crisis Group, said the draft constitution reflects the "Taliban's intensely religious roots" and reveals the importance placed on a "centralized authority" for a group that was "founded on a mission of restoring order to the country."

The document was littered with contradictions and was never ratified.[...]

Analysts said the Taliban's great ambiguity on key issues reflects the divisions within the group.

The Taliban's political leadership based in Pakistan is believed to be more open to an accommodation in assuming power under a peace deal.

Meanwhile, hard-line military commanders on the battlefield in Afghanistan are reluctant to budge on their demands for a full restoration of the Islamic Emirate.

"There is a cocktail of views among the Taliban on power and governance," said Javid Ahmad, a senior fellow at the Washington-based Atlantic Council.

"More than anything, Taliban leaders need an intra-Taliban dialogue to settle their conflicting views about a future Afghan state," Ahmad added.

There are also intense differences among the Afghan political elite.

Pashtuns, the largest ethnic group in Afghanistan, generally support a centralized state that guarantees their control of the government. But non-Pashtuns, which constitute a majority of the population, believe too much power of the state is left in the hands of one individual, and support decentralization because it would enshrine a more inclusive and equitable distribution of power.

Such a Pashtunistan would be fatally weak for all the same reasons that the Caliphate was.

Posted by at April 26, 2020 8:18 AM

  

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