Columbia International Affairs Online: Working Papers

CIAO DATE: 04/2015

Islamic Law, Customary Law and Afghan Informal Justice

Hamid M. Khan

March 2015

United States Institute of Peace

Abstract

As Afghanistan's nascent democracy works to establish the rule of law across the country, it finds itself contending with the ways that Islamic law converges and diverges from the tribal norms that shape the settling of disputes outside Kabul. Based on surveys conducted in Afghanistan, this report examines the points of tension and agreement between Islamic and customary laws, looking into both of their pasts to suggest a way forward for the Afghan state, particularly in granting greater rights and protections to women.