ABSTRACT
Contrary to appearances, Afghanistan owns a fairly long legal tradition, which may be traced back to 1923 – the year when its first constitution was written. Prior to that, for many centuries, the law in force consisted of a combination of Islamic law (sharia) and the pashtunwali, the code of conduct of Pashtun tribes. In the absence of a centralized administration of justice, disputes were mainly settled by the council of elders called jirgas/shuras.1 These strong traditional and religious roots couple with a fragmented political history and culture, characterized by the absence of centralized state institutions. In this respect, the influence of religious culture has deeply conditioned the formation of a national state, and therefore it has often been difficult for the government to incorporate religious leaders within the state administrative system.2 The persistence of traditional legal and social codes has directly opposed any attempts of social reorganization. For the past 150 years there has been a major confrontation between the urban elites attempting to expand the rule of law in the countryside and the rural population and the elite considering it as an arbitrary imposition of authority.3 Although Islam has always strongly influenced the Afghan social and cultural life, tradition has had a deeper impact than religion in a number of provinces. Some of these traditional rules are not in accordance with Islamic principles. Nevertheless, they have become an integral part of the population’s lifestyle.4
