Law, the establishment and enforcement of laws in every government and society has an important and decisive role. Law is a general rule and order that is established and approved through a specific and determined mechanism by the legislature in any country, and following it is mandatory in order to equalize the responsibilities and obligations of citizens without any privileges or exceptions.
In fact, laws are a set of dos and don’ts that define the behavior of society members in their social life and create, maintain and continue order in society. Creating security, stability and peace is another idea that arises from the address of the law and is guaranteed by the law.
The existence of laws in any government and society causes the people of that society to recognize limits and boundaries in all their actions and observe them, so that everyone is able to live a balanced life within the framework of the designed rules, and on the one hand, people benefits from material and spiritual privileges and on the other hand people can see the punishment for their transgressions within the framework of the laws.
Therefore, the law and its existence is one of the most urgent and basic needs of any society. Afghanistan, as a member of the human society in the world, needs to have modern laws according to the needs of its society in order to be able to move the governance process and other areas of its life in an orderly manner and away from chaos and in sync to move with the world.
Religious governments also need laws without doubt. As we have seen, all governments in Islamic countries have three powers and separation of powers is observed in all Islamic governments. The legislature and parliament in Islamic countries have the authority to enact and approve laws in all fields and operate as an independent power.
Without doubt, we all accept that the Holy Qur’an as the holy book of Muslims has a very high importance and status in the society and has the dignity of the most comprehensive guide to the life of Muslims, but in fact it can never be placed in place of the law, especially the constitution, because It does not have the characteristics and contents of the constitution.
The Constitution, as the mother law, includes all areas of politics, economy, society, culture, education, etc., and establishes rules for each area of life, under the shadow of which other laws are established, approved and implemented in specific areas.
For example, the first chapter of the constitution of the previous government of Afghanistan with the title of the state, refers to concepts and issues such as the name of the country, the type of system that governs the country, the official religions of the country, the type of exercise of national sovereignty in the country, the national identity of citizens, ethnic groups living in the country, Citizenship of citizens, government obligations, the basis of the government’s internal and external policies, the ownership of the country’s mines and underground resources and how to use them, the type of economic system, how to regulate domestic and foreign trade, banking issues and the central bank and money printing, trade development programs , agriculture and other issues, distribution of housing and public properties, preservation and improvement of forests, official languages of the country and strengthening and growth of national languages, regulation and development of media and publications, national terminology, type of date and calendar used in the country, official holidays in the calendar, the national flag and coat of arms of the country, the national anthem and the city that has been designated as the capital of the country and has covered all these issues in the form of specific rulings. This is while the Holy Quran contains only very general and specific rules for the life of all Muslims and does not address the issues mentioned above.
Therefore, our country needs modern laws in accordance with the needs of the day, in which, while respecting the Islamic commands and orders and the Holy Quran, they specify all the issues needed by the society and the government in accordance with the Islamic Sharia, so that the society and the government move towards order and the discipline will go further.
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