Justice as the Foundation of the State: Strengthening Judicial Independence and Rule of Law

(Speech at the Supreme Court Leadership Appointment Ceremony, Kabul)

Keypoints: 

• Justice as National Capital – Justice strengthens the state and grows stronger when applied.
• Supremacy of Law – The law applies to everyone, including the President; no interference in judicial decisions.
• Judicial Independence – Full independence of courts in issuing rulings.
• Merit-Based Appointments – Judges selected on qualifications, not personal connections.
• Judicial Oversight – Strong inspection and accountability to maintain public trust.
• Security of Judges – Protection mechanisms to ensure judges work without fear.
• Prosecution Reform – Urgent professional reform and capacity-building in the Attorney General’s Office.
• Public Trust & Access to Justice – Courts must remain open, accessible, and trusted by the people.
• Integrity & Ethics – Strict standards against corruption and gift-taking.
• Justice Over Force – Strong justice reduces the need for force in society.

In the name of Allah, the Most Gracious, the Most Merciful.

Honorable Ustad Danish; Honorable Chief Justice; Honorable Puhand Azimi; Honorable Minister of Justice; Honorable Acting Attorney General; Honorable Dr. Mushahid; Honorable Mr. Siddiqi; esteemed members of the previous Supreme Council of the Supreme Court; distinguished judges; brothers and sisters: As-salamu Alaykum wa Rahmatullah wa Barakatuh.

The Nature of Justice as Capital

What is the nature of justice as a form of capital? Its first characteristic is that, unlike money or financial capital, the more it is utilized, the more it increases. Justice constitutes the very fabric of human life and the foundation of a governing system. In the relationship between any two individuals, or for the individual alone, justice is the primary instrument. In any land, village, district, or city where justice is absent, the people—instead of taking their disputes to court—resort to war.

Therefore, the second characteristic of justice is that when it is not applied, corruption takes root, and corruption leads to ruin. Any system afflicted by corruption cannot be accountable to its people. The third characteristic is that we are perpetually dependent upon justice; we are judged by it both in this world and the next. Consequently, the most daunting and momentous responsibility today in the Supreme Court of Afghanistan rests upon your shoulders—those of you selected by Mr. Halimi and the Supreme Council, whose appointments I have had the honor to endorse.

The Judiciary as the Frontline of Stability

Our society is thirsty for justice. Every judge is of greater significance than a battalion of our Army or Police. They protect this country with their blood; you protect it with your verdicts. The more justice is established—the more it is principled, fundamental, and trusted by the masses—the less the need for the use of force becomes. Today, the demand of our people is for the reduced use of force. People wish to live within a just system, and the windows to that system are our courts.

I wish to specifically thank Mr. Halim. You may not be aware, but I asked Mr. Halim twice to join the Supreme Court as Chief Justice, and he declined. This was due to his immense piety and humility. Throughout the fourteen years I have had the honor of his acquaintance and shared service, one thing has remained constant: Mr. Halim understands the law, he acts upon the law, and he stands firm against anyone who deviates from it. It was because of these three virtues that I repeatedly approached him, and I am very grateful that his father and family eventually accepted my request. I congratulate you, Mr. Halim; in a very short time, you have taken highly principled steps, and now, Insha’Allah, the scales are moving toward a just system.

Justice in Islamic Political Philosophy

I express my gratitude to all colleagues. In the holy religion of Islam, the "Circle of Justice" forms the foundation of the state. It is very simple: without justice, there is no agriculture, no trade, and no industry. Without agriculture, trade, and industry, taxes cannot be collected. Without taxes, neither an administration nor an army can be formed. Therefore, in Islamic political philosophy, justice is the primary principle; all other powers are dependent upon it. Consider these two words: Adl (Justice) relates to stability, while the state (Dawlat) relates to continuous change.

The Islamic judicial system was consolidated within two hundred years of the passing of the Prophet Muhammad (PBUH), the Leader of Humanity. From one end of the Islamic world to the other, the same judge could administer justice. Look at Ibn Battuta, who sustained his life during fourteen years of extensive travel across all regions through the practice of the judiciary. Our lives are comprehensively regulated within the framework of the commands of Islam, and justice is their basis.

The three great works—Asas-ul-Quzat, Siraj-ul-Ahkam, and Tamassuk-ul-Quzat—are unparalleled in the contemporary history of nations. Mr. Alokozi, who re-codified the Asas-ul-Quzat, clearly explained the philosophy of our existence. I will highlight only two sections:

1. Absolute Equality: Before a judge, the ruler and the peasant, the Muslim and the Hindu, the man and the woman, are equal. One has no preference over the other. They stand equally before the judicial authority; neither can step even one pace ahead of the other.

2. Judicial Integrity: A judge was forbidden from receiving gifts except from the Sovereign or close relatives. The stringency was such that a judge was not permitted to purchase his own goods, nor was he allowed to deliver a verdict in a mosque or his own home. He could only deliver judgment within the court.

This was not merely on paper. I have examined four thousand court verdicts from Kunar at the end of the 19th century in detail; you can see every one of these principles in practice. The necessity now—as per the program prepared by the Chief Justice—is for us to once again lead in the application of the law.

The Rule of Law and Executive Non-Interference

I emphasize a few principles. The first is the Rule of Law. It should be clear to everyone that the law applies first to the President. I hope it becomes clear to all state employees that no one has the right to interfere in judicial verdicts. In your verdicts, you are answerable only to God, the law, and the Supreme Court. If any official interferes in your affairs, tell me, and I will deal with them! If anyone approaches you in my name, imprison them immediately! That would be a false accusation, as I have no business in the judiciary.

Mr. Halim, when he was Deputy Minister of Justice, witnessed this repeatedly. I have asked Mr. Danish: "What does the law say on this matter?" If a proposal was illegal, I would state that it was beyond my authority. The President of Afghanistan is subject to the law; there is no such thing as a "super-legal" order. Anyone who issues an order above the law is essentially claiming to be above the law.

Judicial Recruitment, Security, and Oversight

Applying the law without exception is the core principle of Afghanistan’s legal and judicial system. If this principle is undermined, the stability of society collapses. Therefore, the recruitment of judges must be based on legal conditions and "criteria over connections" (zawabit bar rawabit). In recruitment, personal connections have no place; only merit builds trust.

Regarding judicial security, we will not only take action, but I have directed the Minister of Interior today to transfer the command of the Judicial Protection Unit directly to the Supreme Court. This unit will now be under the supervision of the Chief Justice to ensure our judges can work with total immunity. Everything required for capacity building—from the computerization of records to the simplification of processes—must be established.

Crucially, the judiciary must have integrated inspection. One characteristic of an Islamic state is that the President has judicial responsibility, but it would be a dark day for me if I had to personally conduct judicial inspections. Therefore, I request a strong internal judicial inspection system so that the Supreme Court remains the source of the people's hopes, and the President remains merely a supporter of the Chief Justice.

Oversight is essential. The Supreme Court must oversee the sessions of the Appeals Courts, and the Appeals Courts must oversee the Primary Courts. The Chief Justice believes in delegating authority alongside responsibility. He shared with me that Appeals Court judges will have specific authorities. I also express my gratitude for the expansion of the Supreme Court's divisions, particularly the division dedicated to countering violence against women and protecting the rights of children. This is a massive step forward. But with authority comes accountability. Authority means that Appeals Court judges must keep the Primary Court judges under strict supervision and control.

Reforming the Relationship Between Prosecution and Court

The first point regarding the relationship between the judiciary and the people is clearly defined in our Constitution and codified laws. Most judges I have spoken with from the 34 provinces complain that many prosecutors are ignorant of the law. If a prosecutor makes a claim contrary to the law, the judge has the right to answer them on that very point; you have my authority to do so.

• To the Prosecutors: Reform yourselves! Ignorance has no place here. It is a great shame for Afghanistan that more than six hundred prosecutors have only a 12th-grade education and do not understand the laws. We must eliminate this! You must take action immediately to bring the Attorney General’s Office up to the standards of the courts, for they are two sides of the same coin.

• Our judges should not have to waste time repeatedly correcting a prosecutor's requests. The Attorney General’s Office must begin fundamental reforms, and we expect to see the results soon.

A New Contract with the People

People must understand what the law is and how to be aware of their rights. Most importantly, the doors of the judiciary must be open to them. They must see the judge as a just ruler, as a representative of our Great Prophet—who was our first judge—and as the embodiment of centuries of Islamic thought regarding justice.

As Mr. Halim stated, the ethics of the judges, their actions, and their verdicts constitute the core of this "contract." Mr. Halim, the more the judiciary is strengthened, the more the trust of the state and the people in you will increase. If a climate of mistrust arises, firm action will be necessary; we cannot tolerate an environment of doubt. Addressing complaints is an absolute necessity.

Furthermore, judicial independence in verdicts is a condition. No Governor, District Governor, Police Chief, or Corps Commander can intervene. However, we are all partners in ensuring order and the public interest. Therefore, the absence of judges is unacceptable; I will personally request reports on your attendance. You cannot be appointed to "service" roles elsewhere; your absence is the absence of justice. Justice can neither be absent nor asleep; justice is the touchstone of our society.

Conclusion Finally, I thank Mr. Halim and the Supreme Council of the Supreme Court for bringing about these comprehensive changes. This builds the people's trust. You have conducted a very precise review, and the results of this will soon be seen by all Afghan citizens.

I congratulate all the respected judges. From the bottom of my heart, I thank each of you for accepting this heavy responsibility in these difficult times. I know you have accepted this role with deep reflection. While our numbers in this hall are limited, the 30 million citizens of Afghanistan will rely on the decisions made within this hall to secure their lives.

We pray to God that trust is restored and that justice takes the place of the gun. From tomorrow, carry out your duties with complete confidence, relying on the law and its application without fear.

Long live Afghanistan!