Justice as the Foundation of the State: Address at the Inauguration of Newly Appointed Judges
Honourable Adalatkhwah,¹ esteemed members of the Supreme Council of the Judiciary of Afghanistan, Honourable Minister of Justice, Mr. Mohammadi,² respected members of the Government of the Islamic Republic of Afghanistan, distinguished guests, and all dear judges who have taken the oath today—
First and foremost, I present to you the greatest gift of the Leader of Humanity: Peace be upon you, and the mercy and blessings of Allah.
Today, a very great responsibility has been entrusted to you. Do you know whose seat you are taking? The first judge in Islam was the Prophet Muhammad (peace be upon him), and all of the Rightly Guided Caliphs exercised this exalted office. Therefore, before Almighty Allah and before the people of Afghanistan, the most important responsibility has been placed upon your shoulders.
The very philosophical foundation of the Islamic Republic of Afghanistan is the sacred religion of Islam, and within Islam, the foundation of governance is justice. I commit myself to the establishment of justice. All jurists agree that where there is no justice, agriculture and commerce cannot flourish; where agriculture and commerce do not exist, there can be no army; and where there is no army, there can be no system of governance. It must therefore be clear that the political philosophy of Afghanistan and of the Islamic world is founded upon justice.
Force does not create a system; force is only a temporary instrument. Power itself is transient. Justice, however, is permanent, enduring, and foundational. Where justice does not exist, stability cannot exist. Thus, the trust placed in you is trust in Afghanistan’s judiciary and trust in the Afghan state itself.
My second point: What is the standard of justice? Man and woman, rich and poor, Muslim and Hindu are equal before the authority of the judge. This is not a new philosophy. Study Asās-ul-Quḍāt—the codified judicial law of the era of Amir Abdur Rahman Khan. That text laid down the principles of adjudication such that, in the presence of a judge, no litigant could stand ahead of another. Absolute equality governed judicial proceedings. Even the limitations imposed upon judges under Sharia were strictly observed.
A judge could not accept a gift from anyone, except in the most narrowly defined circumstances permitted by law and religion—and Asās-ul-Quḍāt went even further. A judge could not issue a judicial decision from his home or even from a mosque. Judgments could only be rendered in open court, before the public.
Today, you and I face many challenges. Yet the reason my eyes close with reassurance is this: today I see forty-two young Afghan women entering the profession of the judiciary. From the depth of my heart, I thank you. In our judiciary, Judge Anisa Rasouli—who heads the relevant association—has informed me that today 245 Afghan women are serving in this noble profession.
In a neighbouring country of ours, Iran, there is not a single female judge. This is among the great achievements of Afghanistan’s judiciary, and I congratulate all of you—especially the Supreme Council of the Judiciary—for the special attention you have given to this matter and the significant steps you have taken.
What is the relationship between the President and the judiciary? The Constitution assigns one of the most sensitive responsibilities to the President of Afghanistan: the appointment and dismissal of judges and the nomination of members of the Supreme Court to the Wolesi Jirga. This responsibility is extraordinarily grave because our Constitution is one hundred percent Islamic. In truth, the President plays the role of the first judge.
What does judicial independence mean? It means complete freedom in judicial decision-making. The President of Afghanistan is the first citizen of the country who is subject to the law. I have said this repeatedly and I say it again today: the day the Supreme Court declares one of my decisions—or those of my cabinet—unconstitutional, I will celebrate that day. Because the rule of law means that the interpretation of the law must be carried out by the Supreme Court. This is a great and fundamental principle.
This issue is vital to us. A country in which the rule of law does not exist can never achieve stability. My particular role is to serve as a bridge—until we move from lawlessness to legality. You have been granted immense authority, and at the same time, you carry an immense responsibility.
Unfortunately, public trust in our institutions is weak. Combating administrative corruption—especially within the judicial and legal sectors—is among the highest priorities of our society. If a wealthy person loses some money, he can recover it tomorrow. If a powerful person loses some status, he can reclaim it by force. But when injustice is committed against the poor, the seven heavens are shaken. Even the Mighty Throne trembles at the oppression of a single poor individual.
You are the axis of justice and injustice. If you become unjust, the people will flee from the system. If you are just, the people will return to it; they will consider the system their own, and themselves part of it. Our people possess profound discernment. Recently in Jalalabad, one of the elders explained a great philosophical truth to me with complete clarity: We belong to the system, but the system does not yet belong to us. We pay taxes, we provide soldiers, we obey—but unfortunately we still face corruption, injustice, and lawlessness.
This environment must change fundamentally, and God willing, it will change. Many changes have already begun. They have been gradual, but they must now be measured and implemented at a foundational level—and, God willing, this will be achieved.
I promise you this: as the Constitution states, first I will serve as the servant of Afghanistan as President, and second, I will view all three branches of government with equal respect. Balance among the three branches is essential. The judicial branch—especially our courts and the Supreme Court—must be the finest representatives of Afghanistan.
The judiciary has not yet received sufficient investment. Challenges remain. Judges still face security threats. While judges are independent in their decisions in theory, in reality they are subjected to coercion. It is the responsibility of the state to change these conditions, and God willing, through joint effort and a structured plan of the Supreme Council, we will achieve this.
The first one hundred days of reform focused on the cabinet. In the second hundred days, God willing, we will devote far greater attention to the judicial and legal institutions.
In conclusion, I congratulate you all on the arrival of the blessed month of Ramadan. You have taken your judicial oath on a very auspicious day. You are undertaking a great and weighty responsibility in a sacred month.
From the depths of my heart, I congratulate all of you and pray to Almighty Allah for your great success in establishing stability and prosperity in Afghanistan—through your clean hands, enlightened minds, and strong will in serving all Afghans.