Although Shariah courts existed in urban centers after Ahmad Shah Durrani established an Afghan state in 1747, the primary judicial basis for the society remained in the tribal code of the Pushtunwali until the end of the nineteenth century. Sporadic fatwas (formal legal opinions) were issued and occasional jihads were called not so much to advance Islamic ideology as to sanction the actions of specific individuals against their political opponents so that power might be consolidated.
The first systematic employment of Islam as an instrument for state-building was introduced by Amir Abdur Rahman (1880-1901) during his drive toward centralization. He decreed that all laws must comply with Islamic law and thus elevated the Shariah over customary laws embodied in the Pushtunwali. The ulama were enlisted to legitimize and sanction his state efforts as well as his central authority. This enhanced the religious community on the one hand, but as they were increasingly inducted into the bureaucracy as servants of the state, the religious leadership was ultimately weakened. Many economic privileges enjoyed by religious personalities and institutions were restructured within the framework of the state, the propagation of learning, once the sole prerogative of the ulama, was closely supervised, and the Amir became the supreme arbiter of justice.
His successors continued and expanded Amir Abdur Rahman's policies as they increased the momentum of secularization. Islam continued central to interactions, but the religious establishment remained essentially non-political, functioning as a moral rather than a political influence. Nevertheless, Islam asserted itself in times of national crisis. And, when the religious leadership considered themselves severely threatened, charismatic religious personalities periodically employed Islam to rally disparate groups in opposition to the state. They rose up on several occasions against King Amanullah (1919-929), for example, in protest against reforms they believed to be western intrusions inimical to Islam.
Subsequent rulers, mindful of traditional attitudes antithetical to secularization were careful to underline the compatibility of Islam with modernization. Even so, and despite its pivotal position within the society which continued to draw no distinction between religion and state, the role of religion in state affairs continued to decline.
The 1931 Constitution made the Hanafi Shariah the state religion, while the 1964 Constitution simply prescribed that the state should conduct its religious ritual according to the Hanafi School. The 1977 Constitution, declared Islam the religion of Afghanistan, but made no mention that the state ritual should be Hanafi. The Penal Code (1976) and Civil Law (1977), covering the entire field of social justice, represent major attempts to cope with elements of secular law, based on, but superseded by other systems. Courts, for instance, were enjoined to consider cases first according to secular law, resorting to the BCShariah in areas where secular law did not exist. By 1978, the government of the Peoples Democratic Party of Afghanistan (PDPA) openly expressed its aversion to the religious establishment. This precipitated the fledgling Islamist Movement into a national revolt; Islam moved from its passive stance on the periphery to play an active role.
Politicized Islam in Afghanistan represents a break from Afghan traditions. The Islamist Movement originated in 1958 among faculties of Kabul University, particularly within the Faculty of Islamic Law which had been formed in 1952 with the announced purpose of raising the quality of religious teaching to accommodate modern science and technology. The founders were largely professors influenced by the Egyptian Muslim Brotherhood, a party formed in the 1930s that was dedicated to Islamic revivalism and social, economic, and political equity. Their objective is to come to terms with the modern world through the development of a political ideology based on Islam. The Afghan leaders, while indebted to many of these concepts, did not forge strong ties to similar movements in other countries.
The liberalization of government attitudes following the passage of the 1964 Constitution ushered in a period of intense activism among students at Kabul University. Professors and their students set up the Muslim Youth Organization (Sazmani Jawanani Musulman) in the mid-1960s at the same time that the leftists were also forming many parties. Initially communist students outnumbered the Muslim students, but by 1970 the Muslim Youth had gained a majority in student elections. Their membership was recruited from university faculties and from secondary schools in several cities such as Mazar-i-Sharif and Herat. These professors and students became the leaders of the Afghan Resistance in the 1980s.
With the takeover of government by the PDPA in April 1978, Islam became central to uniting the opposition against the communist ideology of the new rulers. As a politico-religious system, Islam is ideally suited to the needs of a diverse, unorganized, often mutually antagonistic citizenry wishing to forge a united front against a common enemy; and war permitted various groups within the mujahidin to put into effect competing concepts of organization.
The mujahidin leaders were charismatic figures with dyadic ties to followers. In many cases military and political leaders replaced the tribal leadership; at times the religious leadership was strengthened; often the religious combined with the political leadership. Followers selected their local leaders on the basis of personal choice and precedence among regions, sects, ethnic groups or tribes, but the major leaders rose to prominence through their ties to outsiders who controlled the resources of money and arms.
With the support of foreign aid, the mujahidin were ultimately successful in their jihad to drive out the Soviet forces, but not in their attempts to construct a political alternative to govern Afghanistan after their victory. Throughout the war, the mujahidin were never fully able to replace traditional structures with a modern political system based on Islam. Most mujahidin commanders either used traditional patterns of power, becoming the new khans, or sought to adapt modern political structures to the traditional society. In time the prominent leaders accumulated wealth and power and, in contrast to the past, wealth became a determining factor in the delineation of power at all levels.
With the departure of foreign troops and the long sought demise of Kabul's leftist government, The Islamic State of Afghanistan finally came into being in April 1992. This represented a distinct break with Afghan history, for religious specialists had never before exercised state power. But the new government failed to establish its legitimacy and, as much of its financial support dissipated, local and middle range commanders and their militia not only fought among themselves but resorted to a host of unacceptable practices in their protracted scrambles for power and profit. Throughout the nation the populous suffered from harassment, extortion, kidnapping, burglary, hijacking and acts dishonoring women. Drug trafficking increased alarmingly; nowhere were the highways safe. The mujahidin had forfeited the trust they once enjoyed.
In the fall of 1994 a Muslim "student militia" came forth vowing to cleanse the nation of the excesses sullying the jihad. Their avowed intention is to bring in a "pure" Islamic state subject to their own strict interpretations of the Shariah. Many of the leaders of this movement called the Taliban (seekers or students of Islam) were one-time mujahidin themselves, but the bulk of their forces are comprised of young Afghan refugees trained in Pakistani madrassas (religious schools), especially those run by the Jamiat-e Ulema-e Islam Pakistan, the aggressively conservative Pakistani political religious party headed by Maulana Fazlur Rahman, arch rival of Qazi Husain Ahmed, leader of the equally conservative Jamaat-e-Islami and long time supporter of the mujahidin.
Headquartered in Kandahar, initially almost entirely Pushtun, predominantly from the rural areas, and from the top leadership down to the fighting militia characteristically in their thirties or forties and even younger, the Taliban swept the country. In September 1996 they captured Kabul and ruled over two-thirds of Afghanistan.
The meteoric take over went almost unchallenged. Arms were collected and security was established. At the same time, acts committed for the purpose of enforcing the Shariah included public executions for murder, stoning for adultery, amputation for theft, a bann on all forms of gambling such as kite flying, chess and kawk (partridge) fighting, prohibition of music and videos, proscriptions against pictures of humans and animals, and an embargo on women's voices over the radio. Women are to remain as invisible as possible, behind the veil, in purdah in their homes, and dismissed from work or study outside their homes. Like many before them, the Taliban wave the flag of women's chasteness to prove their superior Muslimness.
Because of the strong religious sentiments that animate their minds, rural Afghans were still mostly captivated by the Taliban in the 1990s. Others looked on appalled at the rigidly orthodox dictates of these self-proclaimed arbiters of Islamic rectitude. To them Taliban interpretations of the Shariah are foreign deviations alien to the Islam practiced in Afghan society which has always stressed moderation, tolerance, dignity, individual choice and egalitarianism.
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