Publication

Drawing on the results of a multi-province survey, this paper examines the way in which Islamic law affects, influences, and determines outcomes within the Afghan informal justice system. It confirms the view that even as Islamic law is regarded as supreme, its superlative standing has only limited weight in Afghan informal justice decisions, particularly in matters involving the family. Instead, Islamic laws are often suborned by prevalent customary tribal norms, which are themselves assumed to conform with Islamic law. The authors also examine the role of religious leaders in Afghan informal justice and the potential for legal reforms in the country.