Although the Ministry of Justice on Tuesday said the constitution from King Zahir Shah’s era will be enforced for an interim period, a source from the government told TOLOnews on Wednesday that the decision is not final.
The source, speaking on condition of anonymity, said the government has not finalized the decision to enforce that constitution.
Meanwhile, officials from the Cultural Commission of the Ministry of Information and Culture said if articles of the constitution which was enstated in 2004 (current constitution) are not in conflict with Sharia Law, they will remain in use until a new constitution is promulgated.
Anaamullah Samangani, a member of the commission, said efforts have started to draft a new constitution based on the Quran and Sunnah. “The government is working so that Afghanistan will have a constitution that can address the demands of a real Islamic system,” he said.
In the meantime, a number of lawyers said most parts of Zahir Shah’s era constitution are not compatible with the current situation.
According to the lawyers, most parts of the first chapter of that constitution are about constitutional monarchy and the authorities of the king. Article four of the Shah-era constitution says Afghanistan’s flag is tri-colored and article six says the king symbolizes the national sovereignty of Afghanistan.
“Enforcing the 1964 constitution might be questionable to the people of Afghanistan because that constitution was drafted for that period,” said Subhan Misbah, a lawyer.
“Currently the country is in an unknown situation. I think this (enforcing the constitution) is good news,” said Sayed Ahmad Silab, an MP.
King Zahir Shah’s constitution has 11 chapters and 128 articles. The constitution was ratified in 1964 by a Loya Jirga (grand assembly).