Afghanistan is constitutionally an Islamic Sharia-based state. State management is entirely ancient. Hanafi doctrine will apply when the law is applied, but the Shia law will apply to the personal affairs of the Shias. 
Efforts to solve the language problem in Afghanistan, being a multi-lingual state, are notable, but the national anthem is in Pashto.

To be president of Afghanistan, that person must be a Muslim, and be born to Afghan parents. 


Constitution of Afghanistan

Admirable Articles of Afghanistan’s Constitution

Article 22

Any kind of discrimination and  distinction between citizens of Afghanistan shall be forbidden. The  citizens of Afghanistan, man and woman, have equal rights and duties  before the law.


Article 24

Liberty is the natural right of human  beings. This right has no limits unless affecting others freedoms as  well as the public interest, which shall be regulated by law. Liberty  and human dignity are inviolable. The state shall respect and protect  liberty as well as human dignity.


Article 25

Innocence is the original state. The accused shall be innocent until proven guilty by the order of an authoritative court.


Article 31

Upon arrest, or to prove truth, every  individual can appoint a defense attorney. Immediately upon arrest, the  accused shall have the right to be informed of the nature of the  accusation, and appear before the court within the time limit specified  by law. In criminal cases, the state shall appoint a defense attorney  for the indigent. Confidentiality of conversations, correspondence, and  communications between the accused and their attorney shall be secure  from any kind of violation. The duties and powers of defense attorneys  shall be regulated by law.


Article 32

Debt shall not curtail or deprive the  freedom of the individual. The method and means of recovering debt shall  be regulated by law.


Article 34

Freedom of expression shall be  inviolable. Every Afghan shall have the right to express thoughts  through speech, writing, illustrations as well as other means in  accordance with provisions of this constitution.


Article 35

Formation and operation of a party on  the basis of tribalism, parochialism, language, as well as religious  sectarianism shall not be permitted.


Article 56

Observance of the provisions of the  constitution, obedience of laws and respect of public order and security  shall be the duty of all citizens of Afghanistan. Ignorance of the laws shall not be considered an excuse.




Facts of Afghanistan’s Constitution


In the name of Allah, the Most Beneficent, the Most Merciful Praise  be to Allah, the Cherisher and Sustainer of Worlds; and Praise and Peace  be upon Mohammad, His Last Messenger and his disciples and followers


Article 3

No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.


Article 9

Mines and other subterranean resources as well as historical relics  shall be the property of the state. Protection, management and proper  utilization of public properties as well as natural resources shall be  regulated by law.


Article 16

From amongst Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pachaie, Nuristani, Pamiri and other current languages in the country, Pashto and Dari shall be the official languages of the state. In areas where the majority of the people speak in any one of Uzbeki, Turkmani, Pachaie, Nuristani, Baluchi or Pamiri languages, any of the aforementioned language, in addition to Pashto and Dari, shall be the third official language,  the usage of which shall be regulated by law. The state shall design  and apply effective programs to foster and develop all languages of  Afghanistan. Usage of all current languages in the country shall be free  in press publications and mass media. Academic and national  administrative terminology and usage in the country shall be preserved.


Article 20

The national anthem of Afghanistan shall be in Pashto with the  mention of “God is Great” as well as the names of the tribes of  Afghanistan.


Article 62

The individual who becomes a presidential candidate shall have the following qualifications:     

1. Shall be a citizen of Afghanistan, Muslim, born of Afghan parents and shall not be a citizen of another country;


Article 130

In cases under consideration, the courts shall apply provisions of  this Constitution as well as other laws. If there is no provision in the  Constitution or other laws about a case, the courts shall, in pursuance  of Hanafi jurisprudence, and, within the limits set by this  Constitution, rule in a way that attains justice in the best manner.


Article 131

The courts shall apply the Shia jurisprudence in cases involving  personal matters of followers of the Shia sect in accordance with the  provisions of the law. In other cases, if no clarification in this  Constitution and other laws exist, the courts shall rule according to  laws of this sect.


Article 144

During the state of emergency, the President can, in consultation  with the presidents of the National Assembly as well as the Chief  Justice of the Supreme Court, transfer some powers of the National  Assembly to the government.


Article 149

The principles of adherence to the tenets of the Holy religion of Islam as well as Islamic Republicanism shall not be amended. Amending  fundamental rights of the people shall be permitted only to improve  them. Amending other Articles of this Constitution, with due respect to  new experiences and requirements of the time, as well as provisions of  Articles 67 and 146 of this Constitution, shall become effective with  the proposal of the President and approval of the majority of National  Assembly members.