From: Kanishka Amani
Reply-To: afghaniyat@yahoogroups.com
To: afghaniyat@yahoogroups.com
Subject: A Shia scholar joins the Afghan Supreme Court for the first time
A Shia scholar joins the Afghan Supreme Court for the first time
Pajhwok Afghan News (Afghanistan)
01/05/2005
By Habiburahman Ebrahimi
KABUL - After a separate decree was issued by President Hamid Karzai
and with the formation of an interim Supreme Court, a Shia religious
scholar has become a member of the Supreme Court in an unprecedented
move, in Kabul on Tuesday 4.
The interim Supreme Court was formed on Monday 3rd, with former Chief
Justice Mullawi Fazal Hadi Shinwari as its head.
According to the constitution, the interim Supreme Court will work
till the National Assembly (the Afghan parliament) is formed; the
elections for the Afghan Parliament are scheduled for April 2005.
The court has nine members of which Ayatollah Mohammad Hashim Salehi
is a Shia religious scholar and other members are Mullawi Abul Razaq,
Mullawi Sayed Omar Munib, Mullawi Samargul Ashraf, Mullawi Murad Ali
Murad, Mullawi Mohammad Azim Jalili, Mullawi Qiyamuddin Kashaf,
Mullawi Fazal Wahab and the ninth member is the former Chief Justice
Mullawi Fazal Hadi Shinwari.
Salehi has replaced Fazel Ahmad Manawi, the former deputy chief
justice and former member of the Supreme Court. However, there is no
official information about the fate of Manawi but it is said he is
going to be the governor of Laghman province.
Speaking to Pajhwok Afghan News, Ayatollah Salehi said they expected
two members from the Shia sect in the Supreme Court but he is [still]
very happy about his appointment. "This decree of the President is a
step towards national unity."
The Shia residents in the capital Kabul have also welcomed the decision.
Fatema Poya, speaking on behalf of her people said her problems will
be solved from now on, because, according to her, no one had paid
enough attention to this issue in the past.
According to Article 131 of the constitution, decrees of the Jafaria
doctrine (which is based on Sharia principles of law for a Shia sect)
will be applied in the cases related to the personal lives of the
followers of the Shiat sect in accordance with the law.
However this Supreme Court is a temporary one, but as Wahid Mojda,
spokesman for the Supreme Court and head of publication points out,
there will be no difference in the authority of the Supreme Court.
According to Wahid Mojda, following the new appointments, within
thirty days after the decree is issued; judges for a military court
will be chosen from the list of the Supreme Court and will be
introduced to the defense ministry.
Apart from Salehi, the interim Supreme Court's members are individuals
who were criticized several times and were asked to be replaced, by
Amnesty International, Union of Human Rights' Defenders, Afghanistan
Independent Human Rights Commission and some other international and
Afghan experts.
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