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Afghanistan
Chief Justice Under Scrutiny
2003-04-01
The qualifications of the conservative chief justice of the supreme court, Fazil Hadi Shinwari, are being questioned in the wake of his controversial ban on cable television. Shinwari does not appear to meet the requirements for the post set out by the 1964 constitution, which is the law of the land under the Bonn Agreement. He is over the age limit of 60 and has not received an education in secular law.
He's also an Islamist, and one thing Afghanistan's got is more than enough Islamists telling everybody in sight how they're supposed to behave and thinnk.
But Shinwari, speaking to IWPR in a rare interview, defended his recent decision and insisted that he has the right to continue to hold his post. "I think the knowledge I have in Islamic studies and principles is enough for a chief justice," he said. "I will never accept and am not obliged to learn any law or regulation opposing Islamic law." But he acknowledged that "there are some foreign rules and regulations that are similar to Islamic laws, such as human rights, and I will never oppose them".
"Don't need none o' them there books. Ever'thing I need to know, it's right there in the Koran."
Shinwari, who is Pashtun, was born in 1930 in rural Nangahar province, eastern Afghanistan. He received his primary education from his father, who was a mullah, and other religious scholars. In 1945-46, he studied at the prestigious Dewband Madrasa in India, and he was also educated in Afghanistan in an Arabic madrasa. Former president Burhanuddin Rabbani appointed Shinwari to the supreme court in December 2001, just before the Bonn Agreement was adopted. President Hamed Karzai made him chief justice in June 2002, under the new legal system.

Because of the precarious balance of power in Afghanistan, they're stuck with this Islamist yokel, an ignorant xenophobe of the same stripe as the Talibs. The country's not going to turn around until this sort of person is sidelined, sent back to the madrassa to pore over fatwahs, while people with real legal training come up with some sort of code of laws that involves the concept of individual liberty. If that doesn't happen, then Afghanistan is nothing but West Pakistan.
Posted by:Fred Pruitt

#2  But 2 points for being under scrutiny. They want their MTV.
Posted by: Anonymous   2003-04-01 16:05:32  

#1  This is why Afghanistan was picked as "the base" for al Qaida. A remote, land-locked backward area where a little jiihad and some greased palms will make a cozy nest for terrorists. They may never be right in our point of view, but having a nest of hornets and nutcases walking amuk in the NWFP in Pakistan next door does not help. It is hard to do open heart surgery when one is running a marathon.
Posted by: Alaska Paul   2003-04-01 13:41:03  

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