The judicial power of Afghanistan shall be independent and shall be vested in a Supreme Court of Afghanistan, and such other courts as may be established by the Interim Administration.
At the time of its dissolution, the court was made up of the following justices:
The nine justices on the tribunal are appointed for 10-year terms by the
President of Afghanistan, with the approval of the
Wolesi Jirga, the lower house of the nation's legislature. The President selects one of the nine members to serve as
Chief Justice. The constitution allows for judges to be trained in either civil or
Islamic law. Matters of law with no provision in the constitution or other standing laws shall be judged by the
Hanafi jurisprudence. The judiciary shall apply the
Shia school of law in cases dealing with personal matters of those who are of the Shia sect, where applicable.
The Court was previously dominated by conservative religious figures and the former Chief Justice,
Fazal Hadi Shinwari, in particular was described as "ultra conservative." Several of its rulings disappointed reform-minded Afghans and people in the
Western world. For instance:
they have called for an end to
cable television service in the country, at least pending government regulation, due in part to the apparent influence of films from
Bollywood, which were allegedly prurient;[9]
the court upheld the
death penalty for two journalists convicted of
blasphemy for saying the Islam being practised in the country was reactionary;[10]
they banned women from singing on television;[11][12] and
they ruled that a girl, given as a bride when 9 years old and now 13, could not get a divorce from her abusive husband, notwithstanding a law that makes it illegal for girls under 16 to marry.[13]
they ruled that the punishment for
homosexuality is death, even through the penal code of 1976 stipulates long prison sentence for adultery and sodomy.[14]
In 2006, President
Hamid Karzai appointed several new, more moderate members to the court. However, he also chose to renominate Faisal Ahmad Shinwari as Chief Justice. Despite controversy surrounding the validity of Shinwari's legal credentials, his nomination was allowed to continue, but ultimately failed when voted on in the National Assembly. Karzai then chose his legal counsel,
Abdul Salam Azimi, to succeed Shinwari. Azimi's nomination passed, and the new court was sworn in on August 5, 2006.
On January 17, 2021, 2 female judges working at the Afghan supreme court were killed as they were driving to work.[15]
Building
The Supreme Court is housed in a four storey office building on Great Massoud Road next to
Massoud Circle. On February 7, 2017, a
suicide bomber killed 20 people outside the building.[16][17]