The fine line between culture and law in Afghanistan

Afghanistan’s Rule of Law

Countries
that have experienced decades of conflict and political turmoil, and have historically
featured persistent executive-judicial disputes tend to have less judicial
autonomy. Afghanistan epitomizes this. The country has not only lacked
comprehensive, integrated laws for much of its history, but what laws existed
were culturally dictated and enforced, and in most cases, still are.

As an
Afghan, articles about the emergence of the rule of law in the West make me
think about the intersection of culture and law in Afghanistan and its
challenges. Even before its formal establishment as a nation, the United States
began to create common law by using centuries-old written precedents from Great
Britain, and applying American notions of reason and justice. Since there is
little written tradition in Afghanistan, it does not have such a heritage, nor
common law texts, as a starting point. Its starting point is a religious text,
the Quran, written in Ar