A 1965 postage stamp of Afghan Post with a picture of the proclamation of the constitution.
The 1964 Constitution of Afghanistan was the supreme law of the Kingdom of Afghanistan from 1964 to 1973, when it was annulled following a coup d'état[1] though parts of the constitution were restored by future governments from 2002 to 2004 and from 2021 to 2022. It was drafted by a committee of foreign-educated Afghans, including Sardar Abdul Hakim Ziai and Sardar Abdul Rahim Ziai, appointed for the task by the Afghan King, Mohammad Zahir Shah (from 1933 to 1973). The primary goals of the Constitution were to prepare the government and the people for gradual movement toward democracy and socioeconomic modernization. A Loya jirga (grand council of notables) had debated, modified and approved its innovations, which included a bill of rights for all Afghans, explicitly including women. After public review, the constitution was put into effect in October 1964.[2]
Although Afghanistan became a sovereign nation in 1747 under the rule of Ahmad Shah Durrani,[3] the earliest Afghan constitution was written during the reign of Emir Abdur Rahman Khan in the 1890s followed by a 1923 version.[4][5] The 1964 Constitution transformed Afghanistan into a modern democracy.[6]
From 2004 to 2021, the 2004 Constitution of Afghanistan was the basis of law in Afghanistan.[7] After the 2021 Taliban takeover of Afghanistan, the new authorities declared the restoration of parts of the 1964 constitution that are "not in conflict with Islamic Sharia (law)" to govern the country in the interim.[8] However, this decision was overturned by Supreme Leader Hibatullah Akhundzada in late 2022, who argued both constitutions are incompatible with Sharia.[9]
^Kamali, Mohammad Hashim (January 1, 1985). Law in Afghanistan: A Study of the Constitutions, Matrimonial Law and the Judiciary. BRILL. ISBN 9004071288 – via Google Books.
^Richard S. Newell (1997). "The Constitutional Period, 1964-73". In Peter R. Blood (ed.). Afghanistan: A Country study.
^"Afghan Kings Since 1747". Tokyo, Japan: The Embassy of Afghanistan. Retrieved 2010-12-08.
^"Constitutional History of Afghanistan". Encyclopædia Iranica. Retrieved 2010-12-08.
^"Constitution of Afghanistan (1923)". Afghanistan Online. Archived from the original on 2015-02-26. Retrieved 2010-12-08.
^"Profile: Ex-king Zahir Shah". BBC News. October 1, 2001.
^"The Constitution of Afghanistan" (PDF). Kabul, Afghanistan: Supreme Court Afghanistan. January 3, 2004. Archived from the original (PDF) on May 31, 2011. Retrieved 2010-12-08.
^"Taliban Say They Will Use Parts of Monarchy Constitution to Run Afghanistan for Now".
^Abdul Ghafoor Saboori (4 August 2022). "Parwan Governor, Citing Supreme Leader, Says Previous Constitution Invalid". TOLOnews. Retrieved 29 January 2023.
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Global Information
Constitution of Afghanistan at Wikisource