Taliban "Constitution": We the Taliban in order to form a more perfect Emirate...

...establish sharia, ensure domestic dhimmitude, provide for the common jihad, promote the general heroin trade, and secure the blessings of 72 virgins for ourselves and our 12 year old martyrs, do ordain and establish this Constitution for the Islamic Emirate of Afghanistan.

Or something like that.

Interestingly enough, while the writing of this "Constitution" began when the Taliban were in power it wasn't "passed" by the "Supreme Shura Council" until June of 2005. The Taliban have been calling themselves "The Islamic Emirate of Afghanistan" for sometime in an effort to project a "shadow government" vibe. This Constitution-in-exile reiterates the Taliban's public stance, as put forth by Qari Youssef Mohammed and other spokespeople, that they are the "legitimate" government of Afghanistan.

Laura Mansfield has the entire document, but you have to subscribe to her Strategic Translations services for it.

I hadn't seen this before, so if you're interested, here are some highlights of the "Taliban Constitution". Note the references to jihad, prohibition of religious conversion, and sharia within the text of the Constitution itself.

Article 3: Islam is the religion of the Afghan nation.

Article 4: The Hanafi jurisprudence is the official set of religious guidelines of Afghanistan.

Hanafi is the oldest of the four types of Sunni Islamic law.

Article 5: The Islamic Sharia is the only source of lawmaking in the country, governing all aspects of individual and social life of people in the light of life constructive teachings of Islam. Laws and resolutions should not be, in any way, contrary to religious provisions and foundations....

Article 9: The Islamic Emirate of Afghanistan considers the call to kindness, the propagation of virtue, and the prevention of evil the responsibility of all Muslims..

Article 26: It is prohibited to acquire a confession, testimony, or statement from the accused or any other person by force, threat, torture, or enticement.

Article 27: No person, even with the intention of acquiring testimony, can resort to torture or order the torture of another person who may be under prosecution, arrest, or imprisoned, or convicted to punishment.

Given the Taliban practice of hostage taking, this one is laughable. To be honest, a lot of the provisions seem rather liberal. But so did the Soviet Constitution. It's the implementation of laws--how laws are actually carried out--that they should be judged by.

Article 34: Freedom of expression and statement, within the Islamic Sharia limits, is inviolable. Every Afghan citizen has the right to express his thought through speech, writing, illustration, or other means, according to the provisions stated in the law.

Oxymoronic...there is no freedom of speech because sharia forbids blasphemy, conversion, or saying anything bad about Mohammed but there is freedom of speech.

Article 39: The education of women is regulated within the limits of the Islamic Sharia by a special law.

At least their honest about women being second-class citizens.

Article 41: Preserving the gains of jihad, defending the borders of the Islamic Emirate, and preserving the laws of the people are the responsibility of all citizens of Afghanistan.

All citizens of Afghanistan are obliged to perform military service in accordance to the provisions of the law.

Again, jihad is a fundamental duty of Muslims. Not surprising.

Article 42: B. Promoting non-Islamic beliefs is prohibited and those who violate this--locals or foreigners--will be tried according to the Sharia.

The maximum penalty is death.

Chapter Three: Islamic Shura

9. Protecting the values and goals of jihad

In addition to the Shura, there is an "emir" or leader who's power seems almost absolute since he appoints members of the Shura and can declare a state of emergency. He must be an Afghan and a follower of the Hanafi school of Islamic law.

There's a lot more. It's interesting that they still act under the belief that they will one day come to power again. Even if the U.S. and NATO pulled out of Afghanistan, the best they could hope for would be partial control of the country and an even greater civil war.

Posted by: Rusty at 11:01 AM | No Comments | Add Comment
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