Traditional Dispute Resolution Mechanisms in Afghanistan and their Relationship to the National Justice Sector

Content Provider	Semantic Scholar
Author	Pfeiffer, Julia
Copyright Year	2011
Abstract	The challenge of a parallel existence of formal and informal justice 1 , with the latter being more popular among the population 2 in fact already existed before the fall of the Taliban regime. Looking back in history, the Afghan people have rarely relied on any governmental institution. The Afghan government either lacked authority over the whole country because of an internal or international conflict, or the formal institutions were not trustworthy for the people 3 . In order to better understand the parallel existence of both formal and informal institutions the following shall provide a brief overview over the Afghan legal history. Afghanistan has always been a country with a weak centralized authority. Instead, it was fragmented into many different self-organized tribes. First attempts to establish a centrally ruled legal system were already made in the 2 half of the 19 century by Amir Shayr Ali and, after the war with British India, by Amir Abd alRaham Khan. However those early efforts to create a unique legal system for the whole country were hampered by the strong influence of the religious leaders (ulema), especially in the rural parts of the
Starting Page	81
Ending Page	98
Page Count	18
File Format	PDF HTM / HTML
DOI	10.5771/0506-7286-2011-1-81
Volume Number	44
Alternate Webpage(s)	https://www.nomos-elibrary.de/10.5771/0506-7286-2011-1-81.pdf?download_full_pdf=1
Alternate Webpage(s)	https://doi.org/10.5771/0506-7286-2011-1-81
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article