Islamic Verdict & Vice and Virtue Department

With a review of history, we find that as Islam emerged, adjudicators also came into being who provided verdicts on Islamic jurisprudence, and then there were judges who enforced those verdicts. This chain continued until the end of the 10th solar decade. After the amendment in fundamental and administrative structure of the state and establishment of the Supreme Court, the judicial system of the country was amended based on Law on Judicial Structure and Mandate of 1346 and the concept of collective judgement was introduced. In this way, instead of Mufti, a member of the court was educated in laws and head of the court (the prosecutor) and its member(s) obliged to hear cases collectively and issue decisions respectively. Muftis emerged in the judicial structure and judges to become responsible for implementation of laws and investigation of cases.

Article 130 of Afghan Constitution stipulates that 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. Thus, the role of this department in cooperating with courts regarding issuing Sharia based verdicts is quite clear.

The Islamic Verdict & Vice and Virtue Department which is composed of experienced and professional members, issues Sharia based verdicts in answer to requests for verdict made by institutions, individuals and Afghan consulates abroad and submits them to the respective institutions. The Department reads the Islamic word and issues certificate of Islam for those non-Muslims, Afghan or foreigners, who want to convert to Islam after investigating their motive and consent and making sure that they want to convert to Islam knowingly and voluntarily after understanding the legitimacy of Islam.