Members of two major political parties --Jamiat-e-Islami and Hizb-e-Islami--hold that the current Constitution of Afghanistan is flexible. They say that if an amendment to the Constitution could help bring peace, it should be considered.
Legal experts agree that the Constitution of Afghanistan is flexible, however, they say there is no space to amend certain provisions that are related to the Sharia law, the republic, and the rights of the citizens.
Some experts say that the Constitution in fact needs amendments and that the structure of the future political system and the elections are among the issues which can be amended in the document.
Meanwhile, a Taliban spokesman has said that any law that is approved in Afghanistan while foreign forces are in the country isn’t acceptable for them and there should be changes made to it.
The Constitution is the most credible legal document in Afghanistan.
The Constitution of the Islamic Republic of Afghanistan was agreed upon by more than 500 delegates representing Afghan men and women from across the country at the Constitutional Loya Jirga (December 13, 2003 – January 4, 2004). The Constitution was formally ratified by President Hamid Karzai at a ceremony in Kabul on January 26, 2004.
“I don’t see any problem if we bring changes to it for the sake of improving issues in society,” said Sayed Ibrahim Emad, member of Jamiat-e-Islami party.
“In our perspective, the Constitution of Afghanistan should be amended, there are a lot of shortcomings in the Constitution of Afghanistan, if the amendment in the Constitution becomes a fundamental condition for lasting peace in Afghanistan--it should be amended,” said Humayoun Jarir, a member of the Hizb-e-Islami party.
Based on the US-proposed peace plan, the Afghan Constitution would be amended and the elections would be held based on a new Constitution.
“The Constitution cannot hinder the way for prosperity and peace in a country, the Constitution can be amended within the framework of major development objectives in the country,” said university lecturer Faramarz Tamanna.
“Sharia principles and the topics related to the republic and rights of the citizen cannot be amended,” said legal expert Abdul Subhan Misbah.