Ghalib (International Journal of Law, Political Science and International Relations)
Place of Publication: Afghanistan Start of Publication: 2013(1391 in the Persian calendar) Publisher: Ghalib University Geographical Scope: International Publication Frequency: Quarterly (March, July, October, January) Scientific Rank: Academic - Research Subjects: Social Sciences (Law, Political Science, and International Relations) Full-Text Open Access and Free: Yes Language of Publication: Persian and Pashto (with English abstracts) and English. Ghalib Quarterly's Policy on Copyright and Plagiarism: Ghalib Academic-Research Quarterly, to protect the rights of authors and avoid plagiarism, reviews all received articles through the Samim Noor text similarity detection system before peer review. Articles with more than 30% similarity are not accepted and will be rejected. The Ghalib Academic-Research Quarterly, with official permission from the Ministry of Higher Education of Afghanistan, has been publishing academic research articles from national and international authors in the fields of natural and social sciences since autumn 2013. From the winter issue of 2022, the journal focused solely on publishing academic research articles in social sciences (with a focus on law and political science, literature, economics and management, sociology, and Shariah and Islamic studies). Starting from the winter issue of 2024, the journal narrowed its subject scope to law, political science, and international relations. This journal (Ghalib) is now recognized as the International Journal of Law, Political Science, and International Relations. The journal holds both an online ISSN (2788-6441) and a print ISSN (2788-4155) and complies with all national and international regulations for publishing academic research articles. Ghalib University publishes Ghalib Academic-Research Quarterly which is an open-access journal. All authors and contributors are required to adhere to the ethical publishing standards. All authors' information is used solely for journal-related activities and is kept confidential, with no other use being made of the information.
پوهنتون/ دانش‌گاه غالب/ Ghalib University
The impact of internal and external factors on Afghan Migrants in Sidoarjo, Indonesia
Background and Objective: Ongoing conflicts, political instability, economic hardship, and insecurity in Afghanistan have forced many individuals to migrate in search of safety and better living conditions. Afghan immigrants in host countries often face numerous social, economic, health-related, and legal challenges during the resettlement process. Understanding the factors that drive migration and the difficulties experienced after migration is essential for developing effective policies and support mechanisms. Therefore, this study aims to investigate the internal and external factors influencing the migration of Afghan immigrants to Indonesia, as well as the challenges they encounter and their future aspirations. Method: This study employs a quantitative cross-sectional research design. Data will be collected through a structured questionnaire administered to Afghan immigrants residing in Indonesia. The questionnaire focuses on migration motivations, social and economic conditions, health concerns, security issues, and resettlement experiences. The collected data will be analyzed using descriptive and inferential statistical methods to identify the major factors affecting the experiences of Afghan immigrants. Results: The findings indicate that political instability, insecurity, economic difficulties, and lack of employment opportunities are among the primary reasons motivating Afghan immigrants to leave their country. The study also reveals that Afghan immigrants in Indonesia experience significant challenges related to employment, access to healthcare, social integration, financial instability, and uncertainty regarding legal status and future settlement. Despite these difficulties, many participants expressed hope for improved living conditions, educational opportunities, and long-term security. Conclusion: The study highlights the complex factors contributing to Afghan migration and the multiple challenges faced by immigrants during resettlement in Indonesia. The findings can assist policymakers, humanitarian organizations, and relevant stakeholders in developing informed policies and targeted support programs to improve the living conditions of Afghan immigrants and address the underlying causes of forced migration.
Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
A Critical Structural-Analysis of Local Governments in Afghanistan from (2001-2020)
Background and Objective: Effective local governance is considered a fundamental component of public service delivery, accountability, and state legitimacy, particularly in post-conflict and fragile societies such as Afghanistan. Despite extensive international assistance and domestic reform initiatives between 2001 and 2020, local government institutions in Afghanistan remained weak and ineffective. This study aims to critically examine the structural, institutional, and operational challenges that hindered the development of effective local governance during this period and to identify the main factors that obstructed decentralization and subnational governance reforms. Method: This study employs a qualitative and descriptive research approach. Data were collected entirely through secondary sources, including academic articles, policy documents, governmental reports, and institutional evaluations related to local governance in Afghanistan. The collected data were analyzed using descriptive and thematic analysis methods. The scope of the study is limited to the 2001–2020 period and focuses on provincial, district, and community levels of governance. Result: The findings indicate that multiple interconnected factors undermined the effectiveness of local governance in Afghanistan. Institutional fragmentation, overlapping administrative mandates, political interference, weak administrative and professional capacity, corruption, and inconsistent donor policies significantly weakened decentralization efforts. Furthermore, the absence of coherent legal frameworks and insufficient coordination between central and local institutions contributed to ineffective governance structures and limited citizen participation. Conclusion: The study concludes that the failure of local governance reforms in Afghanistan was rooted in structural and institutional weaknesses as well as the absence of sustained political commitment to decentralization. Without comprehensive legal reforms, strengthened institutional capacity, and long-term governance strategies, local government institutions are unlikely to effectively respond to citizen needs or contribute to sustainable stability and development.
Copyright (c) 2026 عبدالله حسینی،حفیظ‌الله جواد،محمدفیروز مدبر https://creativecommons.org/licenses/by/4.0
Autopsy from the Perspective of Islamic Jurisprudence
Background and Objective: The permissibility of autopsy, which holds significance in both theoretical and applied medicine, remains a subject of dispute within Islamic jurisprudence. The viewpoint advocating its prohibition is concerned with the potential compromise of essential religious interests (ḍarūriyyāt), while the viewpoint advocating its permissibility carries concerns regarding the violation of human dignity and infliction of harm. The present study has sought to elucidate the perspective that more closely aligns with the fulfillment of the higher objectives (maqāṣid) of Islamic law. Method: This research was conducted using an objective-oriented (maqāṣidī) approach, through analytical and library-based methodology. Findings/ Result: The most significant arguments for the viewpoint permitting autopsy include: certain textually-supported issues from earlier jurists, giving precedence to public benefit (maṣlaḥah ʿāmmah) over private benefit (maṣlaḥah khāṣṣah), preferring a lesser harm over a greater harm, and the principle that "whatever is indispensable for fulfilling an obligation becomes itself obligatory." The basis for its prohibition rests on: the obligation to respect human dignity, the prohibition of harming the deceased and their relatives, the prohibition of removing harm by [inflicting] harm, and the suggestion of an alternative. Conclusion: Permitting autopsy in the disputed context demonstrates greater consideration for achieving the objectives (maqāṣid) of Islamic law. However, the concern regarding the violation of human dignity, which is based on the apparent meanings of scriptural texts (ẓawāhir al-nuṣūṣ), can be justified in favor of these higher objectives. This is because an intervention on the human body, such as an autopsy, constitutes a violation of dignity only when performed for an illegitimate purpose or for a legitimate but non-essential purpose; otherwise, it does not compromise dignity. Evidence for this is the permissibility of therapeutic surgical operations, which are not considered in Islamic law to be a violation of dignity.
Copyright (c) 2026 گلاب‌الدین عظیمی،فضل‌الرب فقیهی https://creativecommons.org/licenses/by/4.0
Analyzing the Transfer of Property from Ownership as a Barrier to Rescission in Voidable Contracts under the Afghan Legal System
Context and Aim: A voidable contract is fundamentally valid but flawed in specific aspects. When the buyer takes possession with the seller's consent, it triggers certain legal consequences. This study seeks to shed light on the challenges associated with the annulment of such contracts, particularly issues surrounding the transfer of ownership away from the buyer. Additionally, it aims to address the apparent contradictions within Article 632 of Afghanistan’s Civil Code concerning the seller’s right to reclaim property from third parties. Methodology: This descriptive‑analytical study used content analysis and a comparative documentary approach based on qualitative data. Data were collected through library research and by reviewing relevant legal documents from Afghanistan’s legal system. Findings: In Afghan jurisprudence and law, several obstacles prevent the annulment of a voidable contract. These include the destruction of the property while in the buyer’s possession, the transfer of the property out of the buyer’s ownership, or significant alterations to the property. Any of these conditions nullifies the contract's annullable status. Among these, the most significant obstacle is the transfer of property from the buyer to a third party. A noteworthy issue arises with Article 632, which grants the seller the right to take direct action against the third-party recipient. This provision appears contradictory to the principle that a voidable contract loses its annullable nature once the property exits the buyer's ownership. Conclusion: Based on the perspectives of legal scholars and the principles underpinning the Civil Code, Article 632 should be interpreted to mean that the seller's right to pursue recourse against a third party is forfeited once the property is no longer within the buyer’s ownership. Under such circumstances, the seller is entitled to claim only an equivalent asset if the property is fungible or its market value if it is non-fungible.
Copyright (c) 2026 سیدعباس موسوی،عبدالمالک صدیقی،سیدحبیب حبیب https://creativecommons.org/licenses/by/4.0
Comparing the Position of Afghanistan and Pakistan in the “Belt and Road Initiative”
Background and Objective: Afghanistan and Pakistan, as two countries that have consistently had challenging relations, have always attracted the attention of global actors. In the past, Western countries—especially the United States—sought to maintain a presence in these countries and aimed to make them dependent on the West within the framework of neoliberal policies. Today, China, through a policy of economic pragmatism, seeks to expand its influence using economic tools. In this context, the objective of this article is to compare the positions of Afghanistan and Pakistan within the Belt and Road Initiative. Method: This research adopts a qualitative approach and utilizes interpretive content analysis. The sampling method is purposive, and both data collection and analysis have been conducted qualitatively. Findings: Afghanistan and Pakistan, as regional partners of China, have drawn serious attention from Beijing. The geographical location of both countries is the main variable that places them at the center of China’s foreign policy. Within its economy-oriented foreign policy, China seeks to create economic interdependence by engaging these two countries, aiming to use it as an alternative model to Western globalization. One of the most significant differences between the positions of these two countries is the greater importance of Pakistan, which, in addition to economic objectives, also serves a political purpose (reducing India’s influence). Conclusion: Both Pakistan and Afghanistan hold important positions in this initiative. Pakistan has managed to align itself with China’s economy-oriented foreign policy, whereas Afghanistan, despite China’s efforts, remains distant from achieving economic interdependence.
Copyright (c) 2026 سیدنایل ابراهیمی،مصطفی عاقلی،ماندانا تیشه‌یار https://creativecommons.org/licenses/by/4.0
Coercion (Ikrah) in Prohibited Acts in Islamic Jurisprudence and Its Implications for Legal and Criminal Responsibility
Background and Objective: Coercion (Ikrah) is considered one of the significant issues in Islamic jurisprudence, as it has wide-ranging implications for religious rulings as well as legal and criminal responsibility. This study examines coercion in relation to prohibited acts in Islamic jurisprudence and its implications within the contemporary legal context of Afghanistan. It analyzes the conditions under which coercion is established, its impact on legal and religious accountability, and its distinction from situations of necessity. Method: This study employs a library-based research method with an analytical and comparative approach. The data for this research were collected through a review of authoritative sources in Islamic jurisprudence, including the works of jurists from the four Sunni schools of law, classical Hanafi jurisprudential texts, and selected contemporary legal references. Findings/ Result: The findings indicate that Islamic jurists have established specific criteria for determining the validity of coercion, and depending on its nature and severity, different legal and criminal consequences may follow for the coerced person. Conclusion: The study further demonstrates that the juristic discussions on coercion can contribute to clarifying the theoretical foundations of legal responsibility and evaluating the validity of individuals’ actions within contemporary legal systems.
Copyright (c) 2026 عتیق الله رحمانی،‌ سهراب نبیل توحیدی،احمد وحید صالح https://creativecommons.org/licenses/by/4.0
Economic Diplomacy in Contemporary Afghanistan: An Analysis of Opportunities and Challenges
Background and Objective: Economic diplomacy, as one of the most effective instruments of foreign policy, plays a fundamental role in linking the national economy to regional and global economic structures. Afghanistan’s location at the crossroads of Central Asia, South Asia, and the Middle East endows the country with a unique geo-economic position that, if managed strategically, can be transformed into a sustainable competitive advantage. At the same time, this path is accompanied by a range of problems and challenges. Accordingly, the objective of this study is to examine the opportunities and challenges facing Afghanistan’s economic diplomacy. Based on this, the main research question is formulated as follows: What challenges does Afghanistan’s economic diplomacy face in utilizing geo-economic and regional opportunities? Methodology: This study adopts a descriptive–analytical approach. Data were collected through library-based and documentary sources, as well as content analysis of official studies and reports. Findings: The findings indicate that Afghanistan, as a “geo-economic bottleneck of the region,” has the capacity to generate opportunities from the competition among regional powers, particularly China, Russia, Iran, Pakistan, and India. Key projects such as the Qosh-Tepa Canal, Chabahar Port, the TAPI Project, the CASA-1000 Project, the Lapis Lazuli Corridor, and the Belt and Road Initiative possess the potential to generate sustainable revenue, reduce economic dependence, enhance food security, promote employment, and consolidate Afghanistan’s role in the regional economic architecture. Nevertheless, a set of structural challenges—including the lack of international recognition of the government, economic and financial sanctions, reliance on informal trade, regional tensions over water resources, domestic challenges in project implementation, dependence on external actors, and weaknesses in attracting international private investment in the field of economic diplomacy—hinder the realization of these capacities. Conclusion: If Afghanistan formulates a comprehensive economic diplomacy strategy, undertakes institutional reforms, manages regional projects in a scientific manner, and diversifies economic cooperation, it can enhance its position within the regional economic order and move toward becoming an “active and effective economic actor”.
Copyright (c) 2026 محمدطاهر تنزه‌ای،فضل احمد احمدی،نعمت‌الله پیمان https://creativecommons.org/licenses/by/4.0
A Comparative Legal Study of Inheritance Laws in Islam, Judaism, and Christianity
Background and Objectives: Inheritance rules in the Abrahamic religions, beyond regulating the transfer of property after death, reflect each religion’s family structure, system of financial responsibility, and underlying social values. The objective of this study is to conduct a comparative examination of inheritance laws in Islam (with particular emphasis on Hanafi jurisprudence), Judaism, and Christianity, and to elucidate their fundamental similarities and differences with regard to the allocation of shares, protection of family members, and mechanisms for resolving conflicts among heirs’ shares. Methodology: This research adopts a library-based and documentary analytical approach. Data were collected from primary sources (the Holy Qur’an, the Torah, and selected Christian texts), as well as authoritative juristic and legal works, and were comparatively examined through a descriptive–analytical framework. Findings: The findings indicate that in Islam, the determination of fixed and clearly defined shares for heirs, together with the limitation of testamentary disposition to one-third of the estate, establishes an orderly framework for safeguarding heirs’ rights and reducing familial disputes. Within Hanafi jurisprudence, principles such as ʿawl (adjustment in cases of overlapping shares) and radd (the return of surplus shares in the absence of agnatic heirs) play a significant role in completing the computational system of the law of inheritance (farāʾiḍ). In the absence of agnatic heirs, these mechanisms may enhance the shares of Qur’anic heirs, including women. In Judaism, priority given to patrilineal transmission of property and the precedence of sons in the classical model are prominent; nevertheless, mechanisms such as the ketubah and family financial obligations serve protective functions for women and daughters. In Christianity, a binding religious system for the allocation of material inheritance is less evident; the distribution of estates is generally delegated to wills and civil laws, while theological discourse places greater emphasis on the concept of “spiritual inheritance.” Conclusion: The study concludes that the Islamic inheritance system—particularly within the framework of Hanafi jurisprudence—demonstrates greater structural comprehensiveness and efficiency due to the transparency of shares, the orderly computational structure, and mechanisms designed to limit conflicts. At the same time, in Jewish and Christian traditions, legal developments and civil instruments play a decisive role in aligning inheritance rules with contemporary social needs.
Copyright (c) 2026 عزیزالله حفیظ https://creativecommons.org/licenses/by/4.0
Regional transformation in West Asia; A new step towards regional integration
Background and Objective: The recent resumption of political talks between Iran and Saudi Arabia signals a notable shift in the traditionally tense relations among major Middle Eastern powers and reflects a broader regional trend toward pragmatic cooperation and engagement. This development has coincided with a reexamination of foreign policy orientations among key regional actors. Against this backdrop, the present study aims to examine the evolution of foreign policy approaches in Iran, Saudi Arabia, and Turkey, and to analyze the emerging dynamics of convergence among rival states in West Asia. Method: This study adopts a qualitative, descriptive–analytical approach. It analyzes the behavior and performance of regional actors in light of changing foreign policy discourses. The research draws on relevant Persian and English sources and employs conceptual analysis to develop an analytical framework for understanding the processes of discussion and decision-making through which political leaders pursue convergence in foreign policy. Findings: The findings indicate that convergence among rival states can be understood through both situational and process-oriented dimensions. Convergence emerges as a strategic objective whereby states seek to construct new diplomatic consensus based on shared political goals and functional coordination. The analysis shows that shifts in foreign policy discourse, reassessment of national interests, and recognition of common regional challenges play a central role in facilitating this process. Conclusion: The study concludes that rival states are more likely to adopt convergent foreign policy positions when they perceive regional instability and lack of collective progress as shared threats, leading them to prioritize de-escalation, redefine strategic interests, and commit to cooperative principles. Such convergence contributes to regional stability and fosters mutually beneficial engagement among major actors in West Asia.
Copyright (c) 2026 حمید حکیم،علی محمد خلیلی،سعید غلامی https://creativecommons.org/licenses/by/4.0
An Examination of the Foundations, Criteria, and Functions of Hypothetical Jurisprudence in the Hanafi School
Background and Objective: In the face of rapid social, medical, economic, and technological transformations, Islamic jurisprudence requires systematic mechanisms to respond to emerging issues. One of the most significant of these mechanisms within the Hanafi school is hypothetical (presumptive) jurisprudence. By relying on rational hypothesis-making within the framework of Sharīʿa principles, this approach enables the derivation of legal rulings prior to the actual occurrence of issues. Accordingly, the present article aims to examine the usūlī foundations, elucidate the governing criteria, and analyze the functions of Hanafi hypothetical jurisprudence in addressing newly emerging legal questions. Method: This study adopts a descriptive–analytical method based on library-based sources. Findings: The findings indicate that hypothetical jurisprudence in the Hanafi school, grounded in analogy (qiyās), juristic preference (istiḥsān), and the objectives of Sharīʿa (maqāṣid al-sharīʿa), is governed by systematic and rational criteria. It not only does not conflict with applied (real-case) jurisprudence but also complements it by contributing to the dynamism of fiqh. This approach strengthens the faculty of ijtihād, enhances juristic preparedness in confronting unprecedented issues (nawāzil), and increases the capacity of Islamic jurisprudence to adapt to temporal transformations. Conclusion: Hanafi hypothetical jurisprudence, as a bridge between revealed texts and changing realities, occupies a significant position in the dynamism and forward-looking nature of Islamic law. The conscious revitalization of this capacity—through the reconstruction of its theoretical foundations, adherence to Sharīʿa-based criteria, and the expansion of its contemporary applications—can play an effective role in advancing contemporary fiqh and in providing systematic responses to modern challenges.
Copyright (c) 2026 عبدالناصر امینی https://creativecommons.org/licenses/by/4.0
Hydropolitical Analysis of the Qosh Tepa Project and Its Role in the National Development Strategy of the Islamic Emirate of Afghanistan
Background and Objective: As an upstream country in the Amu Darya basin, Afghanistan possesses significant hydropolitical potential; however, institutional weakness and the instability of water policies have limited the extent to which this potential has been mobilized in support of national development. The Qosh Tepa National Project, as one of the largest water-infrastructure schemes in the country, represents a strategic effort to transform latent hydropower into geopolitical and developmental leverage. The purpose of this study is to provide a hydro-political analysis of the Qosh Tepa Project and to explain its role within the policy of economic self-reliance and the national development strategy of the Islamic Emirate of Afghanistan. Method: The study adopts an analytical–explanatory approach. Data were collected through library sources, official documents, analytical reports, and scholarly articles, and were examined using a qualitative, theme-based method with an emphasis on the interlinkages among water resources, political power, and national development. Findings/ Result: The results indicate that Qosh Tepa constitutes a turning point in Afghanistan’s transition from a “peripheral actor” to an “influential player” in the Amu Darya basin. By establishing physical control over part of the river flow, the project contributes to the redistribution of hydropower and alters downstream dependency patterns. Domestically, it forms the core of policies promoting economic self-reliance and food self-sufficiency, supporting economic revitalization through the restoration of agriculture in the north, the reduction of wheat-import dependence, and the creation of extensive employment opportunities. Politically, Qosh Tepa functions as a form of “symbolic state capital,” generating performance-based legitimacy for the Islamic Emirate through the demonstration of effective resource management. Conclusion: The long-term success of the project depends on transitioning from hard hydro-hegemony to a cooperation-oriented model and institutionalizing water diplomacy with downstream states. The nexus between water control, economic development, and political authority suggests that Qosh Tepa may become a key pillar in shaping a new, development-oriented hydrological order in Afghanistan and Central Asia.
Copyright (c) 2026 علیرضا انصاری کارگر،محمد تقی پیمان،بصیراحمد حصین https://creativecommons.org/licenses/by/4.0
Examination of Active Personal Jurisdiction in International Criminal Law with the Emphasis on the Criminal Law of Afghanistan: Challenges and Solutions
Background and Objective: This study examines active personality jurisdiction in international criminal law, with particular emphasis on the criminal law of Afghanistan, the examined challenges, and the proposed solutions. With the expansion of transnational crimes, determining the scope of states’ jurisdiction to prosecute their nationals for crimes committed outside their territorial boundaries has gained increasing importance. The objective of this research is to clarify the challenges associated with the exercise of this form of jurisdiction, propose appropriate solutions, and analyze its status within international criminal law and the criminal law of Afghanistan. Method: This research adopts a qualitative methodology and is conducted using a descriptive–analytical approach. Data were collected through documentary and library-based research and were subsequently analyzed and comparatively examined. Result: The findings indicate that active personality jurisdiction is recognized in international instruments and in the criminal law of Afghanistan; however, its effective implementation faces challenges such as conflicts of jurisdiction among states, weaknesses in international judicial cooperation, and related obstacles. Conclusion: Consequently, strengthening international judicial cooperation and harmonizing domestic legislation with international standards can play a significant role in the realization of criminal justice.
Copyright (c) 2026 عبدالقدیر ندائی،محمدیونس ندائی،عبدالخالق فیضی https://creativecommons.org/licenses/by/4.0
The Role of the Victim in the Proceedings of the International Criminal Court
Background and Objective: Victimological studies were the first to foreground the position of victims within international criminal proceedings. With the establishment of the International Criminal Court (ICC), the rights and roles of victims in addressing major international crimes were significantly expanded. This study aims to elucidate the legal and normative status of victims in the Court’s adjudicative process and to analyze the significance of the Rome Statute in this regard. Method: The present research adopts a descriptive–analytical approach and is based on library-based data and documentary analysis. Findings: The results indicate that victims may play active roles at various stages of the criminal process—from the initiation of prosecution to the issuance of judgment—including proposing prosecutions, cooperating in the collection of evidence, participating through legal representatives, and presenting views and concerns during the proceedings. Conclusion: By formally recognizing the roles of victims, the Rome Statute has brought about a substantial transformation in international criminal justice and has acknowledged victims as one of the fundamental pillars of the adjudicative process.
Copyright (c) 2025 حبیب‌الله دوستی،سید حبیب‌الله عاقلی https://creativecommons.org/licenses/by/4.0
The Role of Regional Cooperation in Strengthening Political and Economic Stability in Afghanistan(2021-205)
Background and Objective: Over the past several decades, Afghanistan has faced political and economic instability and insecurity. Therefore, it requires regional cooperation to achieve political and economic stability. The objective of this study is to address the following question: How can regional cooperation contribute to strengthening political and economic stability in Afghanistan? Method: This study is applied in terms of purpose and was conducted using a descriptive–analytical method, relying on library-based resources. Findings: The findings indicate that economic and security cooperation among regional countries, particularly in areas such as trade, investment, and counter-terrorism, can support the strengthening of political and economic stability in Afghanistan. Conclusion: Overall, regional cooperation plays a crucial role in enhancing political and economic stability in Afghanistan. Strengthening such cooperation can contribute to the creation of a secure and stable environment in Afghanistan and the region, leading to sustainable development and economic growth.
Copyright (c) 2026 عبدالرحمن کریمی،محمد محمدی https://creativecommons.org/licenses/by/4.0
Analysis of the Performance of the United Nations Security Council and the International Criminal Court in Response to Violations of Humanitarian Law by U.S. and NATO Forces in Afghanistan
Background and Objective: Violations of international humanitarian law during the military presence of the United States and NATO in Afghanistan are among the most important legal and political challenges of the contemporary international system. The purpose of this study is to examine the performance of the United Nations Security Council and the International Criminal Court in relation to documented violations of humanitarian law by US and NATO forces in Afghanistan during the years 2001 to 2021. Method: This research was conducted using a descriptive-analytical method and based on library resources, international documents, judicial procedures, and human rights reports. Findings: The research findings show that despite the existence of credible documentation about war crimes, the Security Council and the International Criminal Court have had limited and non-independent performance under the influence of political considerations, power structures, and legal constraints. Conclusion: The results of the research indicate that political considerations and the power structure in the international system have prevented full accountability for humanitarian rights violations in Afghanistan. The innovation of the research lies in the simultaneous analysis of the performance of the Security Council and the International Criminal Court in relation to the situation in Afghanistan.
Copyright (c) 2026 غلامعلی قاسمی،علی محمد اختیاری https://creativecommons.org/licenses/by/4.0
A Reflection on International Criminal Enforcement Mechanisms against Legal Persons with Emphasis on the Charter of the United Nations
Background and Objective: This study examines the enforcement mechanisms stipulated in Chapter VII of the Charter of the United Nations, particularly various forms of economic sanctions and military interventions imposed against legal persons, especially states. It seeks to analyze these mechanisms, identify their challenges, and propose appropriate solutions. Method: This research was conducted using a descriptive–analytical method. Drawing upon library-based sources and data analysis, it seeks to answer the following question: How can the performance of international enforcement mechanisms in maintaining international peace and security and combating international crimes be evaluated? Findings: The findings indicate that although the Security Council’s use of international enforcement mechanisms has, in some cases, contributed to the realization of the objectives of the Charter, its overall performance cannot be assessed positively due to the politicization of the Security Council and the political use of the veto power by its permanent members. Conclusion: In order to overcome this situation and to restore the Security Council’s genuine and effective role, as well as to improve the functioning of international enforcement mechanisms, it is essential that the positions adopted by Security Council members be grounded in the Charter and directed toward safeguarding collective international interests, free from political considerations.
Copyright (c) 2026 علی دریاب شاداب نظری https://creativecommons.org/licenses/by/4.0
Comparative Analysis of Civil Service Employees’ Rights and Duties in Afghanistan and Iran
The civil service system, as a fundamental component of public administration, plays a vital role in governmental efficiency, and the proper regulation and implementation of employees’ rights and obligations foster transparency, accountability, and administrative effectiveness. The significance of this study stems from the fact that, despite relatively clear legal frameworks in Afghanistan and Iran, structural and operational differences pose challenges to the full implementation of these laws, and understanding these differences can contribute to improving civil service performance. The primary aim of this research is to conduct a comparative analysis of the rights and obligations of civil service employees in the legal systems of Afghanistan and Iran and to provide recommendations for enhancing administrative structures, particularly in Afghanistan. The main research questions are: what are the similarities and differences in the rights and obligations of civil service employees in Afghanistan and Iran, and what reforms can enhance the efficiency of these systems? This study employs a qualitative methodology with a comparative approach, utilizing books, legal documents, regulations, decrees, and scholarly studies as data sources, with the scope limited to the civil service legal systems of the two countries. The findings indicate that employment principles, financial rights, and ethical obligations are largely similar in both countries; however, differences exist in payment systems, retirement, oversight, and enforcement mechanisms. Challenges such as centralization, administrative corruption, and legal complexity affect the efficiency of the civil service, and addressing these issues can significantly improve administrative effectiveness.
Copyright (c) 2025 عبدالله حسینی https://creativecommons.org/licenses/by/4.0
Manifestation of Political Concepts and Foundations of Governance in the Qurān and Sunnah
The notion of separating religion from politics emerged as a consequence of historical conflicts between the Church and secular/academic institutions in the West, and advocates of secularism have sought to extend this idea to Islam. They claim that Islam is merely a religion of worship and ethics and lacks legislative or programmatic provisions for politics and governance. This view contradicts the convictions of Islamic thinkers, who regard Islam as a comprehensive Sharīʿa responsive to all spheres of life and who emphasize the presence of politics and governance within the Qurʾān and the Sunnah. Accordingly, examining the status of political concepts in the two primary sources of Sharīʿa is a scholarly necessity to address the claim of separation between religion and politics. This study aims to clarify the criteria for the presence of politics and governance in the Qurʾān and the Sunnah, to extract the categories and concepts related to politics, and to analyze the role of Sharīʿa in the domain of governance. The principal research questions are: Do foundations for politics and governance exist in the Qurʾān and the Sunnah? What categories do these foundations comprise? And can they be employed to construct a system for governing an Islamic society? The research is fundamental–theoretical in nature and was conducted using a descriptive–analytical, topic-centered approach based on a library study of primary exegetical, ḥadīth, and jurisprudential sources. Findings indicate that concepts of politics and governance are widely present in the Qurʾān and the Sunnah and include notions such as khilāfah (caliphate), imārah (governorship), walāyat al-amr (authority of command), hukm (rule/legislation), and social justice. The results suggest that Islamic Sharīʿa, much like its rulings on worship, contains specific programmatic and legislative guidance for politics and governance, and that the theory of separation of religion from politics is not compatible with the teachings of Islam.
Copyright (c) 2025 فضل‌الرحمن فقیهی https://creativecommons.org/licenses/by/4.0
Criminological Foundations for the Imperative of Reviving Informal Justice Mechanisms in Afghanistan
Customary law plays a significant role in social interactions in Afghanistan, and many issues across various regions are resolved based on customary rules. The importance of this study arises from the fact that numerous disputes are settled through traditional assemblies such as Jirga, Markah, Ure, and Shura, which represent forms of informal justice in the country. Therefore, understanding the justification of customary decisions alongside the formal judicial system and examining the criminological rationale for reviving informal justice is crucial. The aim of this research is to assess the necessity and function of informal justice in Afghanistan and to analyze restorative decisions within social and legal contexts. The primary research question is how customary decisions are justified in the presence of the formal judicial system and why the revival of informal justice is necessary. This study employed a descriptive–analytical approach. Data collection tools included the analysis of national and international documents, field examination of decisions made by Jirga, Markah, and Shura, and library-based sources. The scope of the research encompassed various regions of Afghanistan, focusing on social and criminal disputes. The findings indicate that, given the social context, the revival of informal justice is essential, as restorative decisions not only address social conflicts at their roots but also reduce criminal proliferation, social animosities, and administrative costs. These outcomes align with the objectives of national and international legal frameworks and emphasize the importance of integrating informal justice within Afghanistan’s legal system.
Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
The Impact of Legal Frameworks on the Effectiveness of Human Resource Management with an Emphasis on the Mediating Role of Employee Job Satisfaction
Legal frameworks play a significant role in enhancing human resource management and organizational productivity by establishing order, transparency, and fairness in workplace relations. The importance of this study stems from the need to understand how legal frameworks influence human resource management effectiveness and the mediating role of employee job satisfaction, which can improve employee performance and organizational efficiency. The aim of this research was to examine the impact of legal frameworks on human resource management while considering the mediating role of job satisfaction. The main research question is to what extent legal frameworks affect human resource management and how job satisfaction mediates this relationship. This study employed a descriptive–analytical approach with a survey design. The statistical population included 100 employees of the Department of Labor and Social Affairs in Herat Province, from which 80 valid questionnaires were collected using random sampling. Data collection tools comprised a researcher-made questionnaire for legal frameworks, the Boselie and Wiele (2012) questionnaire for human resource management, and the Minnesota (1967) questionnaire for job satisfaction. The validity of the questionnaires was confirmed by experts, and reliability was verified with a Cronbach’s alpha of 0.81. Data were analyzed using SPSS and AMOS software. The findings indicated that legal frameworks have a positive and significant effect on human resource management (β=0.497) and job satisfaction (β=0.621), and job satisfaction plays a significant mediating role in this relationship (indirect effect: 0.249; T=4.953). The structural equation model demonstrated good fit, and the results suggest that strengthening legal frameworks alongside attention to job satisfaction can enhance employee performance and motivation and improve the efficiency of human resource management systems.
Think Tanks and the Pathology of Their Performance in Afghanistan
Think tanks are institutions and organizations engaged in research, analysis, policy-making, planning, foresight, and future studies in the fields of humanities, social sciences, economics, politics, and even military affairs. Although perspectives on the role of think tanks vary, they primarily focus on identifying problems, prioritizing major programs, conducting research and analysis, presenting new ideas, advising decision-makers, and shaping as well as influencing public opinion. The presence and activities of these institutions in Afghanistan—together with the limited impact of their achievements over the past twenty years—make the need for pathological research and performance assessment more pressing than ever. The main purpose of this study is to identify the functional problems and challenges faced by think tanks in Afghanistan and to provide practical solutions to address them. The central research question is: What have been the functional shortcomings of think tanks in Afghanistan over the past twenty years? The research method is qualitative, with data collected through library research and field interviews. This study is applied in its objective and analytical-descriptive in nature. The findings indicate that domestic think tanks, whether governmental or non-governmental, have faced challenges such as staff and capacity shortages, weak access to information, lack of financial independence, fragile scientific foundations, unstable organizational structures, absence of long-term programs, limited government support, lack of markets for their outputs, dependence on foreign aid, insufficient public trust, and a generally weak culture of utilizing these institutions.
Copyright (c) 2025 عتیق‌الله رحیمی https://creativecommons.org/licenses/by/4.0
e Battle of Narratives in the Middle East; Examining the role of media in 12-day Iran-Israel War
Background and Objective: In recent 12-day Iran-Israel war, along with military engagement of the belligerents, media played a significant role as well. During the war, various media delivered different and sometimes contradicting narratives and constructed an extensive discursive dispute. These media approaches laid this question ahead of analysists that how media and with the help of what linguistic and discursive instruments represented this conflict and why such a stance was taken by media? Method: The current research with qualitative approach and on the basis of Critical Discourse Analysis (CDA) of Fairclough and Van Dijk will analyze the representation ways of this conflict in Iranian, Israeli and selected international media outlets. In the light of theoretical framework of research and relying on Fairclough and Van Dijk cognitive models, predominant discourses, Language techniques and media narrative construction in news coverage of this war will be examined in 6 selected news or stories. Findings/ Result: Findings of the research indicate that every medium with exploiting ideological language, contrastive framing, highlighting and magnifying, dualization of self and others and selective elimination of information, played a significant role in reproducing the narratives aligned with national and regional interests of the ward sides. Conclusion: In this war, media not only as mere informing instruments played a role but also as active and effective actors operated to legitimize the actions of two sides of the war and to lead world public opinions.
Copyright (c) 2026 محمدامین رسالت،سید‌طاهر عرفانی https://creativecommons.org/licenses/by/4.0
Expert Opinion versus Witness Testimony and the Possibility of Conflict in Afghanistan’s Legal System
Expert opinion and witness testimony are regarded as the principal means of proof in the Afghan legal system. The Law on the Principles of Civil Procedure treats expert evidence under the rubric of “ahl-e-khabr,” composed of persons with specialized knowledge and experience, and defines testimony as the declaration of truth before the court expressed by the formula “ashhadu.” The central question of this study is whether a conflict can arise between these two evidentiary means in civil and commercial disputes. An analysis of the status and potential conflict between expert opinion and testimony plays an important role in enhancing the quality of adjudication, ensuring judicial fairness, and promoting consistency in judicial practice, and it can reduce existing legal ambiguities in the process of proving claims. The aim of the research was an analytical comparison of expert opinion and testimony and an assessment of the feasibility of conflict between them. The main research question asks whether, within the framework of the Law on the Principles of Civil Procedure, a conflict between expert opinion and testimony is conceivable and realizable. This applied study was conducted using a descriptive-analytical method. Data were collected through library research and analysis of statutory provisions, and the scope of the research is limited to civil and commercial disputes. The findings indicate that the realization of a conflict between means of proof requires four conditions: (1) plurality of evidentiary sources; (2) inconsistency of their content; (3) identity (unity) of the subject matter; and (4) simultaneous probative force. The results further show that a conflict does not materialize in some scenarios, and where it does occur most jurists give precedence to testimony—unless the expert opinion produces judicial certainty for the judge, in which case the expert opinion is preferred over testimony.
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Analyzing the Role of Motive in Establishing Special Intent in the Crime of Genocide
Background and Objective: Genocide, as one of the gravest international crimes, requires the establishment of a specific intent (*dolus specialis*) to destroy, in whole or in part, a national, ethnic, racial, or religious group—an element whose proof in practice entails serious difficulties. One of the fundamental challenges in this regard concerns the status and function of the perpetrators’ declared or inferred motives in the process of inferring specific intent. Focusing on the situation in Gaza after 7 October 2023, this study seeks to analyze the role of motive in establishing specific intent in the crime of genocide. Method: This research employs a doctrinal method in international criminal law, combined with qualitative content analysis of official reports issued by United Nations–affiliated bodies, including Special Rapporteurs, as well as documents submitted to the International Court of Justice, within the framework of a case study. Owing to their high standards of documentation and relative impartiality, the data used enable a more precise analysis of the mental element of the crime of genocide. Findings: The findings indicate that motive, as an evidentiary indicator, may be taken into account within the analysis of the mental element, particularly specific intent. Examination of patterns of conduct, official statements by authorities, and the persistence of violent acts against the civilian population in Gaza suggests that motives inferred from such conduct, alongside other evidence, have the capacity to strengthen the inference of genocidal specific intent. Conclusion: The results demonstrate that a systematic and cautious use of motive as a judicial presumption—while maintaining its conceptual distinction from specific intent—can substantially mitigate existing evidentiary gaps in proving the crime of genocide in international judicial practice and contribute to the further development of judicial analyses in this field.
Copyright (c) 2026 خواجه معراج‌الدین نایل https://creativecommons.org/licenses/by/4.0
A Comparative Study on the Irrevocability of Agency as a Result Condition in the Legal Systems of Afghanistan and Iran
The contract of agency (ʿaqd al-wakālah) is a revocable and permissive contract that may be terminated at any time. In today’s complex legal relations, the revocability of agency has raised concerns for the parties due to the lack of stability in this legal relationship. To overcome such uncertainty and establish a durable and irrevocable arrangement, some parties stipulate a clause of non-dismissal of the agent within the principal contract. This raises a key question: if the non-dismissal of the agent is stipulated as a result-oriented condition within a binding contract, does the principal’s right of dismissal lapse? This study is descriptive-analytical in nature, developmental in purpose, and relies on library research for data collection. It seeks to conduct a comparative examination of the irrevocability clause of agency, when stipulated as a result-oriented condition within a binding contract, under Iranian and Afghan law. The findings indicate that, although Afghan law lacks an explicit statutory provision on this matter, by reference to Article 43, Clause 2 of Article 502, Article 598, and Articles 607 and 611 of the Afghan Civil Code, as well as Clause 1 of Article 13 of the Law on Commercial Contracts and Sale of Goods, it is possible—at least partially—to limit or exclude the principal’s right of dismissal through such a stipulation. Under Iranian law, pursuant to Article 679 of the Civil Code, stipulating the non-dismissal of the agent as a result-oriented condition within a binding contract is legally valid and enforceable. The major distinction lies in the fact that Afghan law not only resists a complete exclusion of the dismissal right but also upholds the rights of third parties; hence, in cases where agency concerns the right of another, the principal’s unilateral dismissal without the beneficiary’s consent is deemed invalid.
Copyright (c) 2025 محمدکاظم سروری https://creativecommons.org/licenses/by/4.0
A Study on the Challenges Facing Informal Justice in Herat City
Many legal issues and criminal cases are resolved through informal justice mechanisms and by local community councils. Although adjudicating such disputes falls within the jurisdiction of formal judicial and legal institutions, a portion of these matters continues to be addressed through conciliatory arbitration and informal adjudication. This approach, which is also practiced in Herat, may offer certain advantages; however, it is not without its challenges. What are these challenges? Raising this question is both important and necessary, considering the widespread application of informal justice across the country. The present study aims to answer the question: What are the challenges of informal justice in the city of Herat? This is a qualitative research conducted using a descriptive-analytical method. The data were collected through a mixed approach, involving library research and in-depth interviews, and were analyzed using thematic analysis. The study was carried out within the geographical scope of Herat city and covered five years (2020–2024). Interviews were conducted with ten individuals who were either members of local community councils or legal experts involved in conflict resolution. The findings of the research indicate that informal justice in Afghanistan faces several challenges, including: the neglect of the principle of proportionality between crime and punishment; the absence of a punitive perspective toward offenders; reinforcement of social inequality; disregard for the defendant's right to legal defense; the broad and unchecked authority of council members; excessive optimism regarding the councils’ capacity; the unpredictability of council decisions and their outcomes; and, ultimately, the potential for confusion and uncertainty among disputing parties.
A Critical Evaluation of the Philosophical Foundations of Liberalism and Marxism: A Paradigmatic Comparison
Liberalism and Marxism are two major paradigms—and in fact, two principal rivals—across the entire spectrum of social sciences, including the field of international relations. Both are grounded in distinct anthropological conceptions and possess their own theoretical orientations and ideological commitments. The purpose of this article is to compare and critically evaluate the theoretical foundations of these paradigms within the context of international relations. The central question posed is: What similarities and differences exist between the philosophical foundations (ontology, epistemology, and methodology) of Marxism and Liberalism? Using the method of interpretive content analysis, the findings reveal that Marxism and Liberalism diverge significantly in ontological terms across four dimensions: the nature of reality, the international actor, causality, and the structure–agency debate. For neoliberal liberals, reality is material-institutional and independent. In contrast, Marxists do not consider institutions to be independent; rather, they view them as serving the interests of global capitalism. Classical liberals and classical Marxists are relatively agent-oriented, whereas both neo-Marxists and neoliberal institutionalists are structure-oriented. Liberals understand causality as pluralistic and horizontal (multi-causal), while Marxists advocate for layered and vertical causality. Epistemologically, as rationalists, liberals regard objectivity and neutrality as the hallmarks of scientific knowledge. Marxists, however, not only reject the separation of fact and value but also view it as conservative and dangerous. Methodologically, liberals adopt methodological individualism and focus on it—especially as it relates to economic rationality. Marxists, on the other hand, embrace methodological holism, emphasizing the totality of international relations rather than its fragmented parts.
Copyright (c) 2025 سیدجلال دهقانی ‌فیروزآبادی،مصطفی عاقلی،قاسم یوسف‌زی https://creativecommons.org/licenses/by/4.0
An Examination of Peremptory Norms of International Law in Enforcing the Rule of Law over the United Nations Security Council: Fundamental Strength or Structural Weakness
Peremptory norms of international law reflect the legal concept of the international community in its modern, evolved form. It appears that this community has to some extent overcome its previous fragmentation and disunity and has genuinely come under the rule of international law. The contemporary international community, through the transformations it has undergone, has found its identity in the values upon which its very existence depends. This paper addresses the necessity for the United Nations Security Council to adhere to peremptory norms and seeks to answer the central question: Has the Security Council fulfilled its obligations regarding compliance with peremptory norms or erga omnes obligations? It is hypothesized that, based on the referential framework predicting the obligation to observe peremptory norms or erga omnes obligations, the Security Council has in some instances adhered to such norms and in others has failed to do so. Accordingly, employing the hermeneutic method of legal analysis as well as legal theory (including legal reasoning, contradictions, conflicts, and content analysis), the study concludes that: based on the referential approach, the Security Council is indeed bound to observe peremptory norms (erga omnes obligations). However, under the approach based on the Council’s practice, it becomes evident that its commitment to general international law and the United Nations Charter has not been consistent.
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Assessing the Role of the Traditional Loya Jirga in Shaping Political Stability and Instability in Afghanistan (A Historical Study from the Daoud Khan Period to the Najibullah Regime)
The Loya Jirga, as a traditional-political institution, has played a significant role in shaping major political developments and high-level decision-making processes in Afghanistan. Given the prevailing discourse of tradition over modernity in the country, this institution holds particular importance. The central question of this study is whether the Loya Jirga contributed to political stability during the period from Mohammad Daoud Khan’s rule to that of Dr. Najibullah, or conversely, whether it exacerbated political instability due to conflicts with the interests of various groups and ongoing political crises. This research employs a descriptive-analytical method and relies on library-based sources. The findings indicate that the Loya Jirga, rooted in Afghanistan’s tribal and cultural traditions, failed to effectively promote political stability during the specified period. This ineffectiveness is largely attributed to factors such as the lack of transparency in member selection, limited public participation, and the instrumental use of the Loya Jirga by ruling authorities. Rather than functioning as a stabilizing force, it was primarily utilized as a tool to legitimize regimes.
Copyright (c) 2025 عتیق‌الله رحیمی،روح‌الله اسلامی،سیدحسین اطهری،مهدی نجف‌زاده https://creativecommons.org/licenses/by/4.0
The Right to Freedom of Expression and Its Regulations from the Perspective of Islam
The right to freedom of expression is one of the fundamental and controversial issues in contemporary societies, and it holds a special place in Islam as well. This right allows individuals to express their opinions and views freely; however, it is subject to certain restrictions in light of religious and social principles. The present study aims to examine the concept and regulations of freedom of expression from the perspective of Islam. This issue is of particular importance, as a correct understanding of this right within the framework of Islamic teachings can help clarify its conditions and limitations in an Islamic society. The main objective of the study is to explain the concept of freedom of expression in Islam and to elucidate its regulations in accordance with religious, social, and ethical principles. The central research questions include: What is the concept of freedom of expression in Islam? What are its limitations? And how does it relate to the principles of enjoining good and forbidding evil? This study employs a descriptive-analytical method, relying on library sources and conducting a content analysis of religious texts, jurisprudential references, and works by contemporary scholars. The findings indicate that freedom of expression is recognized in Islam as a fundamental right; however, it is framed by boundaries that prioritize public interest, social order, and ethical conduct. The study emphasizes that freedom of expression in Islam functions as a means for social reform, the promotion of virtue, and the prevention of vice.
Copyright (c) 2025 عبدالناصر امینی،عتیق‌الله رحمانی https://creativecommons.org/licenses/by/4.0