By the name of Allah
USSOLE ASSASI (THE MAIN PRINCIPLES)
PUBLISHED 3 JADI 1311(13-Dec- 1932)
THE NAME OF ALLAH
THE MOST COMPASSIONATE, MOST MERCIFUL
THE MAIN PRINCIPLES OF
Islam is the sacred religion of
The Afghanistan flag is tri color (Black, Red and Green), having in the middle the insignia of the Mehrab (an arch in a mosque where the praying congregation stands, facing the Kaba in Mecca) and the Member (a many tiered pulp placed to the right of the Mehrab in a mosque from which messages are delivered) in white flanked by two flags and ensconced in two sheaves of wheat.
Privileges and Rights of the King
To appreciate the patriotism, devotion and performances of his Majesty and patriot Muhammad Nadir Shah has given Afghanistan on independence and survival and overthrowing the foundation of brutality in Afghanistan, the nation of Afghanistan considers him a meritorious and deserving King and also because his Excellency is committed to act according to the Islamic Shariea and Hanafi sect as well as main principles of the Afghanistan government and will consider the independence of Afghanistan as one of his top priorities and will be honest to the Afghanistan nation, Afghanistan is committed in transferring the Kingdom of Afghanistan to the family of this patriot King in accordance to the selection of his Excellency and the nation of Afghanistan.
The King’s family will be considered successor and should be his Excellency’s son or brother and must be 18 years or older.
The King of Afghanistan should take the following oath in National Assembly in presence of the National Assembly members.
“In the name of Allah, the great, I swear to be conscientious of his omnipresence in all my actions, that I shall protect the sacred principles of the religion of Islam, shall guard the Constitution, shall protect the independence and territorial integrity of the country as well as the laws of the state and the rights of the people; and, invoking divine assistance, shall reign in accordance with the provisions of the Constitution of Afghanistan and devote my efforts to the well being and progress of the Afghan nation.”
The name of the King is mentioned in khutbas (the khutba is an address delivered as a religious rite on occasions specified in the Islamic religion). Coins shall be minted in the name of the King, His majesty the King appoints the prime Minister, approves the appointing of Ministers, declares war and armistice, approves the principles drafted by the National Assembly and remits and pardons sentences according to the holy Shariea.
The royal expenditures shall be fixed in the state budget according to the law of the royal expenses.
The Basic Rights of the People of
The people of
Trade, Industry and Agriculture is the right and privilege of every Afghan in accordance with the provisions of the law.
The people of
The citizens of
Property is inviolable. No one’s property can be confiscated except in accordance with the provision of the law. Expropriation is allowed only for securing the public interest.
A person’s residence is inviolable. No one, including the state, can enter or search a residence without the permission of the resident or the orders of a competent court and in accordance with the conditions and procedures specified by the law.
No one’s property can be confiscated except for those persons
who live in a foreign country and act against the
Forced labor, even for the benefit of the state, is not permissible but labor and service during war is an exceptional factor.
Punishments and other kinds of insults are prohibited. No one may be punished except by the order of the Shariea and Islamic Constitution of Afghanistan.
Primary education is compulsory for all children in
Every Afghan can teach Islamic education. Every Afghan citizen is allowed to teach
Islamic studies. Foreigners are not
allowed to establish and manage madrasas (Islamic schools) except for those
instructors who are in
In order to make sure that all educational institutions
conduct their programs in accordance with Islamic principles, all educational
institutions shall be monitored and inspected by the
Internal medias and publications which function in accordance with the rules and policies developed for medias and publications and all external publications which do not harm the Afghanistan religion, politics and culture have the permission to operate.
Resolving personal conflicts is a responsibility of the Ministry of Justice related courts and if the conflict is not resolved in court the case shall be sent to the related Ministry and if the case is not resolved at the Ministry level then it should go to the Prime Minister’s office and if the case holder is not satisfied, the case should go to the Kings office.
The rate of tax and duty as well as the method of payment shall be determined by law with consideration for social justice.
No duty or tax of any kind shall be levied without the provisions of the law.
The Shura (National Assembly)
The Shura (National Assembly) in
The people of
The Shura shall consist of the elected representatives of
The number of people who shall participate in the National Assembly is determined in approved election regulations.
The work period for elected National Assembly members is 3
years. The period starts from the date
of establishment of the National Assembly and every 3 years an election will
take place to reelect the National Assembly members. The electoral (the people of
Leave times and the restarting of the Shura will be
specified in internal plans and policies of the National Assembly. If during their time off the state of
Emergency National Assembly meetings can take place while National Assembly members are on leave and if the situation is really urgent and the National Assembly cannot wait for provincial representatives, the meeting can take place with the presence of the representatives from the capital and neighboring provinces.
After the opening ceremony of the National Assembly, each member of the National Assembly shall take an oath in the presence of his Majesty the King.
Each member of the National Assembly shall take the following oath and also sign the sworn statement of oath.
Sworn Statement of Oath
“In the name of Allah, the great,
because of the
No legal proceedings can be brought against a member of the Shura for expressing an opinion or idea while performing his duty inside or outside of the Shura.
The National Assembly shall conduct its internal functions (election of the first and second chiefs, recording officer and other principles) in accordance with the internal rules and regulations of the National Assembly.
All rules and regulations which are effective in accelerating the betterment of the current conditions and for the betterment of the government shall be approved by the National Assembly.
Approval of financial affairs, acceptance or rejection of new rules and regulations are National Assembly authorities.
The state budget shall be evaluated and approved by the National Assembly after it is developed and recommended by the Ministry of Finance.
Applying, revising and terminating new rules and regulations, whether they are recommended by the National Assembly or Ministers, will take place after they are approved by National Assembly.
All privileges, organizational structures of companies, and any other companies shall be approved by National Assembly.
Conclusion of agreements, commitments (trade, industrial, etc.) both internal and external shall be approved by National Assembly.
Receiving governmental loans, whether they are internal or external and for any reason, shall take place only after approval by the National Assembly.
The extension of rail roads or highways using the state budget or internal or external companies can occur only after approval by the National Assembly.
The National Assembly can request to meet his majesty the King but the delegation should contain 6 National Assembly members from different sections.
The Ministers are authorized to participate in National Assembly meetings and are also authorized to, if required, give explanations regarding specific issues. The subject shall be pre-specified to the Ministers.
All new laws which are required by state will be prepared and signed by the related Ministry, shall be taken to National Assembly by Ministers or Prime Ministers and after approval of National Assembly shall be presented for the King’s signature and shall be implemented.
The head of the National Assembly is authorized to hold secret meetings (if necessary) by his own decision or they shall be recommended by ten (10) members of the National Assembly or by a Minister. The secret meeting shall be held without the presence of the media and reporters. The content of the meeting shall be uncovered or revealed when the issue is discussed with three quarters (3/4) of the National Assembly members and is accepted by the majority of the three quarters (3/4), and if it is not accepted the issue shall not be uncovered and shall not be mentioned to any other members of the National Assembly.
Whenever a secret session is requested by the head of the Shura, any member is authorized to release the information to the public; but if the secret session is requested by a Minister then the Minister shall be authorized to release the information to the public (if reasonable).
Whenever an idea which is raised by a Minister is not accepted by the Shura the Minister shall update the idea and the idea shall be presented to the Shura when the Minister accepts or rejects the comments made by the Shura members.
Presentation of an issue by Shura (National Assembly) Members
Whenever, an issue is raised by Shura members it shall be negotiated when it is approved by at least a quarter of the Shura members. The written issue shall be presented to the head of the Shura and the issue shall be discussed and investigated by the Investigation Committee.
The number of Shura members who are selected by the Shura and approved by head of the Shura shall be called the Investigation Committee.
Whenever, an idea is raised by a Shura member (Article 55) and it relates to a Minister then the Minister shall be informed and shall be asked for his/her or his/her deputy presence.
If the Minister does not agree with the ideas raised by a Shura member he/she shall present the facts and reasons to satisfy the Shura member.
Whenever, a Minister is asked for more clarification of an issue, the Minister must prepare and provide additional clarification to the Shura members unless prohibited by reasonable fact.
All citizens shall resolve their problems through the related ministries and departments and whenever the problem is not resolved, the issue (problem) shall be sent to the Shura through the provincial council members and if necessary, it shall be sent to the Prime Ministers office.
In case of death of the King, if the Shura is not in session it shall hold back and holding of Shura shall not be delayed more than 20 days after the King’s death.
If the Shura member period is over before the death of the King and by death of the King new National Assembly members are not assigned, the Shura shall be held by current members of the Shura.
All rules, regulations and laws approved by the Shura should not be in conflict with Islamic religion and state internal policies.
All regulations, laws and decisions approved by the Shura shall be implemented after they are signed by his majesty the King.
The Elder’s Council consists of experienced and qualified individuals
who shall be elected and appointed by his majesty the King. All Elders Council meetings shall be held in
Approval of related regulations is the responsibility of both the National and Elder’s Councils and all the recommendations raised by Ministers shall be discussed in the Elder’s Council and shall be sent to the National Council session for approval and vise versa all regulations for the National Council shall be reviewed and shall be approved by the Elder’s Council.
The National Council opening shall not be delayed if the Elder’s Council is not held but it shall be approved by his majesty the King.
The issues which are approved by Elder’s Council shall be sent to the National Council session and if it is not acceptable for the National Council a different combined session consisting of the National Council members and Elders Council members will be developed. The members of the combined session (20 people) will be selected equally from both sides (National Council and Elders Council) and if the issue is not resolved it shall be presented to his majesty the King.
Provincial Council Sessions
In all the major provinces one provincial council shall be established.
A special regulation shall be developed for election, number of members and mission of provincial councils.
Ministers Rights and Missions
All executive affairs shall be conducted by state Ministers who shall be selected by the Prime Minister and shall be approved by his majesty the King.
The prime Minister is the head of Ministers’ delegation and in his absence the authority shall be delegated to one of the Ministers to act as a head of the delegation.
No one can occupy a Ministerial position unless he/she is a Muslim and an Afghan citizen.
All the Ministers are collectively responsible to the national council for the general policy of the state and individually for their prescribed duties.
All their responsibilities and policies shall be specified in a specific regulation.
All Ministers can execute their rights and missions in accordance with their delegated authorities and all the performances which are beyond their authority shall be presented to the prime Minister and his majesty the King.
Whenever there is a suspicion about a Minister’s official activities he/she will be sent to the Supreme Court for trial. On personal or unofficial matters the Minister shall be sent to the Court of Justice.
If a Minister is found accused, he/she shall be suspended until the final verdict by the court.
In the absence of the Minister, the Deputy Minister or any appointed Acting Minister shall have the full authority of the Minister.
To inspect and evaluate the general situation of all ministries, an inspection delegation shall be selected and assigned by the National Assembly and a special position description shall be developed for that delegation.
The number of ministries, their organizational structure and position descriptions shall be mentioned in the regulation of fundamental organizational structures.
Recruiting soldiers shall take place in accordance with special principles and all military rights and promotions will be in accordance with specific principles.
Rights and ranks of the soldiers shall be never taken away unless there is a reasonable fact or reason to do so.
Foreigners shall not be accepted as soldiers in
All governmental taxes shall be charged in accordance with specified regulations.
A governmental budget for expenditures and imported items shall be developed in accordance with article 43. This particular budget shall be used for governmental expenditures and imported items and all expenditures shall be accounted for in accordance with this budget.
After implementation and execution of an annual budget, a final calculation shall take place for the exact amount of imported items and annual expenditures.
For better management of a budget and expenditures and also for better implementation a specific
Any kind of financial discount and exempt shall take place in accordance with the specified regulation.
Postal and document security is a responsibility of the Post Office and until there is a court order for searching such documents and posted materials no one can open them and they shall be delivered to the addressee in a secure manner.
Whenever, there is a verbal order given by his majesty the King or the Prime Minister to a Minister or any other state employee the signature of his majesty the King or Prime Minister shall be taken as a written order.
Implementation and execution of this Main Principle is ordered.
Written 8 Aqrab 1310/ 19 Jamadi ulsani / 28 Sep 1931
 For this English translation, the term “National Assembly” was used based on the writings of Mir Gholan Mohammad Ghobar in his book “Afghanistan in the Course of History, Volume Two” published by All Prints Inc., Herndon, VA 20170, February 2001. See Page 82, “Domestic Policy.” The term “Shura” is used interchangeably with the phrase “National Assembly” and no attempt was made to alter the original writings unless necessary for clarity in English, which was done sparingly.