Conflict Transformation: Assessment Of The Islamic Laws And Governance In Afghanistan (1996-2001)

Abstract

After the Taliban takeover of Afghanistan it brought a relief to the local Afghans because the civil war came to a halt and some sort of peace was maintained. The main issue faced by the Taliban Government initially was the shortage of experts and bureaucracy who can help them swiftly run the state in a systematic manner. Accordingly running the affairs of the government was a challenging task especially in the absence of a governance structure and infield laws. Consequently, they started running government with the name of Islamic State and declared that Afghanistan is the Islamic State and will follow only the teachings of Islam. The Government of the Taliban was based on Islamic laws based on Shartiah and inspired from Deobandi school of thought. They also restructured their government policy in 1999 to improve the government function for smooth running of business activities of state. The remodeling of government was designed in such a way that the supremacy of Mullah Mohammad Umar was not affected which remained at the top of all state institutions. The function of Taliban government was restricted to the council of ministers. The Ameer (Head) of ministry had the power to recommend or refuse any suggestion with further argument whether the decision is favorable or unfavorable for Taliban government. The council of ministers was granted some executive power, however, all the decision were subject to the approval of supreme council chaired by Ameer of Taliban. The function and power of council was defined by the Taliban leadership irrespective of any expertise in the relevant field. During the government of Taliban [1](1996-2001) they did not work on bringing proper setup of parliament or assembly.. According to Taliban Ameer was the head of state which will govern and exercise all the power to run a state under Islamic teaching in Holy Quran and Prophet Muhammad (PBUH).Their laws were not clear about the removal or resignation of Ameer. While it was much clear about selection of Ameer which consisted of a committee headed by chief justice, the leader of Islamic council and sharia minister.

Despite economic contraction Taliban government managed to collect revenue from different resources. The major part of budgeting revenue were received from mining industry which helped in boosting public revenue as well as exports. The Taliban collected Ushr and Zakat from farmers on religious bases which helped government in dealing with economic crisis of the country. Tax revenue was increased through collection of taxes from illegal drug industry which was unreported source of revenue.