The Constitution of Afghanistan

APRIL 9, 1923

NIZAMNAMAH-YE-ASASI-E-DAULAT-E-ALIYAH-E-AFGHANISTAN, 20 HAMAL 1302

FROM THE PERSIAN TEXT, WHICH IS A TRANSLATION FROM THE ORIGINAL PASHTU TRANSLATED BY M.A. ANSARI UNDER THE SUPERVISION OF LEON B. POULLADA WITH CORRECTIONS AND VERIFICATION BY FARUQ FARHANG.

ARTICLE 1

AFGHANISTAN IS COMPLETELY FREE AND INDEPENDENT IN THE ADMINISTRATION OF ITS DOMESTIC AND FOREIGN AFFAIRS. ALL PARTS AND AREAS OF THE COUNTRY ARE UNDER THE AUTHORITY OF HIS MAJESTY THE KING AND ARE TO BE TREATED AS A SINGLE UNIT WITHOUT DISCRIMINATION BETWEEN DIFFERENT PARTS OF THE COUNTRY.

ARTICLE 2

THE RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM. FOLLOWERS OF OTHER RELIGIONS SUCH AS JEWS AND HINDUS RESIDING IN AFGHANISTAN ARE ENTITLED TO THE FULL PROTECTION OF THE STATE PROVIDED THEY DO NOR DISTURB THE PUBLIC PEACE. (SEE APPENDIX B)

ARTICLE 3

KABUL IS THE CAPITAL OF AFGHANISTAN BUT ALL THE PEOPLE OF AFGHANISTAN ARE ENTITLED TO RECEIVE EQUAL TREATMENT FROM THE GOVERNMENT AND THE PEOPLE OF KABUL ARE NOT ENTITLED TO ANY SPECIAL PRIVILEGES NOT EXTENDED TO THE PEOPLE OF OTHER CITIES AND VILLAGES OF THE COUNTRY.

ARTICLE 4

IN VIEW OF THE EXTRAORDINARY SERVICES RENDERED TO THE CAUSE OF PROGRESS AND INDEPENDENCE OF THE AFGHAN NATION BY HIS MAJESTY THE KING, THE NOBLE NATION OF AFGHANISTAN PLEDGES ITSELF TO THE ROYAL SUCCESSION OF HIS LINE ON THE PRINCIPLE OF MALE INHERITANCE THROUGH SELECTION TO HE MADE HIS MAJESTY AND BY THE PEOPLE OF AFGHANISTAN. HIS MAJESTY THE KING ON ASCENDING THE THRONE WILL PLEDGE TO THE NOBLES AND TO THE PEOPLE THAT HE WILL RULE IN ACCORDANCE WITH THE PRINCIPLES ENUNCIATED IN THE SHARIA AND IN THIS CONSTITUTION AND THAT HE WILL PROTECT THE INDEPENDENCE OF THE COUNTRY AND REMAIN FAITHFUL TO HIS NATION.

ARTICLE 5

HIS MAJESTY THE KING IS THE SERVANT AND THE PROTECTOR OF THE TRUE RELIGION OF ISLAM AND HE IS THE RULER AND KING OF ALL THE SUBJECTS OF AFGHANISTAN.

ARTICLE 6

THE AFFAIRS OF THE COUNTRY ARE ADMINISTERED BY THE MINISTERS OF THE GOVERNMENT WHO ARE SELECTED AND APPOINTED BY THE KING. EACH MINISTER IS RESPONSIBLE FOR HIS MINISTRY; THEREFORE THE KING IS NOT RESPONSIBLE.

ARTICLE 7

MENTION OF THE KING’S NAME IN THE KHUTBA (FRIDAY PRAYERS); MINTING OF COINS IN THE KING’S NAME; DETERMINATION OF THE RANK OF OFFICIALS IN ACCORDANCE WITH APPROPRIATE LAWS; AWARDING OF MEDALS AND DECORATIONS; SELECTION AND APPOINTMENT, DISMISSAL AND TRANSFER OF THE PRIME MINISTER AND OTHER MINISTERS; RATIFICATION OF PUBLIC LAWS, PROMULGATION AND PROTECTION OF PUBLIC LAWS AND OF THE SHARIA; BEING COMMANDER IN CHIEF OF ALL THE ARMED FORCES OF AFGHANISTAN; PROMULGATION AND PROTECTION OF MILITARY RULES AND REGULATIONS; DECLARING WAR, MAKING PEACE AND OTHER TREATIES; GRANTING AMNESTY, PARDONING AND COMMUTING LEGAL PUNISHMENTS; ARE AMONG THE RIGHTS OF HIS MAJESTY THE KING. GENERAL RIGHTS OF THE SUBJECTS OF AFGHANISTAN

ARTICLE 8

ALL PERSONS RESIDING IN THE KINGDOM OF AFGHANISTAN, WITHOUT RESPECT TO RELIGIOUS OR SECTARIAN DIFFERENCES, ARE CONSIDERED TO BE SUBJECTS OF AFGHANISTAN. AFGHAN CITIZENSHIP MAY BE OBTAINED OR LOST IN ACCORDANCE WITH THE PROVISIONS OF THE APPROPRIATE LAW.

ARTICLE 9

ALL SUBJECTS OF AFGHANISTAN ARE ENDOWED WITH PERSONAL LIBERTY AND ARE PROHIBITED FROM ENCROACHING ON THE LIBERTY OF OTHERS. (SEE APPENDIX B)

ARTICLE 10

PERSONAL FREEDOM IS IMMUNE FROM AL FORMS OF VIOLATION OR ENCROACHMENT. NO PERSON MAY BE ARRESTED OR PUNISHED OTHER THAN PURSUANT TO AN ORDER ISSUED BY A SHARIA COURT OR IN ACCORDANCE WITH THE PROVISION OF APPROPRIATE LAWS. THE PRINCIPLE OF SLAVERY IS COMPLETELY ABOLISHED. NO MAN OR WOMAN CAN EMPLOY OTHERS AS SLAVES.

ARTICLE 11

THE PRESS AND THE PUBLICATION OF DOMESTIC NEWSPAPERS IS FREE IN ACCORDANCE WITH THE APPROPRIATE PRESS LAW. THE RIGHT TO PUBLISH NEWSPAPERS IS RESERVED TO THE GOVERNMENT AND TO CITIZENS OF AFGHANISTAN. FOREIGN PUBLICATION MAY BE REGULATED OR RESTRICTED BY THE GOVERNMENT.

ARTICLE 12

SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO ORGANIZE PRIVATE COMPANIES FOR PURPOSES OF COMMERCE, INDUSTRY AND AGRICULTURE, IN ACCORDANCE WITH THE PROVISIONS OF THE RESPECTIVE LAWS.

ARTICLE 13

SUBJECTS OF AFGHANISTAN SHALL HAVE THE RIGHT TO SUBMIT INDIVIDUAL OF COLLECTIVE PETITIONS TO GOVERNMENT OFFICIALS FOR THE REDRESS OF ACTS COMMITTED BY OFFICIAL OR OTHERS AGAINST THE SHARIA OR OTHER LAWS OF THE COUNTRY. IN APPROPRIATE CASES IF SUCH PETITIONS ARE NOT HEEDED CITIZENS MAY APPEAL SUCCESSIVELY TO HIGHER AUTHORITIES AND IN CASE THEY STILL FEEL AGGRIEVED THEY MAY APPEAL DIRECTLY TO THE KING.

ARTICLE 14

EVERY SUBJECT OF AFGHANISTAN HAS THE RIGHT TO AN EDUCATION AT NO COST AND IN ACCORDANCE WITH THE APPROPRIATE CURRICULUM. FOREIGNERS ARE NOT PERMITTED TO OPERATE SCHOOLS IN AFGHANISTAN BUT ARE NOT BARRED FROM BEING EMPLOYED AS TEACHERS.

ARTICLE 15

ALL SCHOOLS IN AFGHANISTAN ARE UNDER THE CONTROL, SUPERVISION, AND INSPECTION OF THE GOVERNMENT WHICH IS CHARGED WIT DEVELOPING THE SCIENTIFIC AND NATIONAL EDUCATION OF ALL CITIZENS ON THE BASIS OF UNITY AND DISCIPLINE BUT THE METHODS AND TEACHING OF THE BELIEFS AND RELIGIONS OF PROTECTED AND REFUGEE SUBJECTS (HINDUS AND JEWS) SHALL NOT BE INTERFERED WITH.

ARTICLE 16

ALL SUBJECTS OF AFGHANISTAN HAVE EQUAL RIGHTS AND DUTIES TO THE COUNTRY IN ACCORDANCE WITH SHARIA AND THE LAW’S OF THE STATE.

ARTICLE 17

ALL SUBJECTS OF AFGHANISTAN SHALL BE ELIGIBLE FOR EMPLOYMENT IN THE CIVIL SERVICE IN ACCORDANCE WITH THEIR QUALIFICATIONS AND ABILITIES AND WITH THE NEEDS OF THE GOVERNMENT.

ARTICLE 18

ALL DETERMINED FORMS OF TAXATION ARE TO BE COLLECTED IN ACCORDANCE WITH APPROPRIATE LAWS AND IN PROPORTION TO THE WEALTH AND POWER OF THE CITIZEN.

ARTICLE 19

IN AFGHANISTAN EVERYONE’S REAL AND PERSONAL PROPERTY IN HIS POSSESSION IS PROTECTED. IF REAL PROPERTY IS REQUIRED BY THE GOVERNMENT FOR A PUBLIC PURPOSE THEN IN ACCORDANCE WITH THE PROVISIONS OF A SPECIAL LAW, FIRST THE PRICE OF THE PROPERTY SHALL BE PAID AND THEN IT MAY BE EXPROPRIATED.

ARTICLE 20

THE DWELLINGS AND HOMES OF ALL AFGHAN SUBJECTS ARE SACROSANCT AND NEITHER GOVERNMENT OFFICIALS NOR OTHERS MAY VIOLATE A SUBJECT’S HOME WITHOUT HIS PERMISSION OR DUE PROCESS OF LAW.

ARTICLE 21

IN THE COURTS OF JUSTICE ALL DISPUTES AND CASES WILL BE DECIDED IN ACCORDANCE WITH THE PRINCIPLES OF SHARIA AND OF GENERAL CIVIL AND CRIMINAL LAWS,

ARTICLE 22

CONFISCATION AND FORCED LABOR IS ABSOLUTELY PROHIBITED EXCEPT THAT DURING TIME OF WAR, LABOR SERVICES MAY HE REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF APPROPRIATE LAWS.

ARTICLE 23

EXCEPT AS PROVIDED IN THE LAWS OF THE STATE (NIZAMNAMAH) NOTHING WILL BE REQUISITIONED FROM ANYONE.

ARTICLE 24

ALL TYPES OF TORTURE ARE HEREBY PROHIBITED. NO PUNISHMENT MAY BE IMPOSED ON ANY PERSON EXCEPT AS PROVIDED IN THE GENERAL PENAL CODE AND THE MILITARY PENAL CODE. (SEE APPENDIX B)