By the name of Allah
USSOLE ASSASI (MAIN PRINCIPLES)
PUBLISHED Dalwa 1330 (January 1952)
THE NAME OF ALLAH
THE MOST COMPASSIONATE, MOST MERCIFUL
THE MAIN PRINCIPLES OF
Islam is the sacred religion of
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 Kaaba in Mecca) and the Member (a many tiered pulpit 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 and 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 Sharia and Hanafi sect, as well as maintain the principles of the Afghanistan government and will consider the independence of Afghanistan of one of his top priorities and will be honest to the Afghanistan nation, the Afghanistan nation 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 the successor should be his Excellency’s son or brother and must be 18 years or older.
The King of
“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, remits and pardons sentences according to the holy Sharia.
The royal expenditure shall be fixed in the state budget according to the law of the royal expenses.
Right of the People of
The people of
Trade, Industry, 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 foreign country and act against
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 Sharia 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 madrassas (Islamic schools) except those
instructors who are in
In order to make sure that all educational institutions
conduct their programs in accordance with the Islamic principles, all educational
institutions shall be monitored and inspected by
Internal medias and publications which function in accordance with the rules and policies developed for medias and publications and all external publication which do not harm Afghanistan religion, politics and culture have the permission to operate.
Resolving personal conflicts is a responsibility of 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 in the Ministry level, then it should go to 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 the 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 (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 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 and outside of the Shura.
The National Assembly shall conduct its internal functions (electing 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 current conditions and for the betterment of the government shall be approved by the National Assembly.
Approval of financial affairs and acceptance or rejection of new rules and regulations are the National Assembly’s 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 the National Assembly.
All privileges, organizational structures of companies and any other companies shall be approved by the National Assembly.
Conclusion of agreements, commitments (trade, industrial, etc) both internal and external shall be approved by the National Assembly.
Receiving governmental loans, whether they are internal or external and for any reason, shall take place after approval of the National Assembly.
The extension of rail roads or highways using the state budget or internal or external companies can take place after approval of 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 also are 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 the National Assembly shall be presented for the King’s signature and shall be implemented.
The head of the National Assembly is authorized to hold a secret meeting (if necessary) by his own decision or they shall be recommended by ten (10) members of the National Assembly or 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 of the National Assembly members and is accepted by the majority of the three quarters, and if it is not accepted the issue shall not be uncovered and shall be not mentioned to any members of the National Assembly.
Whenever, a secret session is requested by the head of the Shura, he or she 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).
Ministers are authorized to reject or ignore other stated comments, but if the comment was made in accordance with the Council members, than it requires the agreement of Council members.
Whenever, an idea that is raised by a Minister is not accepted by the Shura, the Minister shall update the idea and the idea shall be submitted to the Shura when the Minister accepts or rejects the comments made by the Shura members.
All issues shall be voted on by Council members as accepted or rejected. No one can stop them or threaten them for accepting or rejecting an issue. Rejecting or accepting ideas shall be done by using black and white papers.
Presentation of an issue by Shura (National Assembly) Members
Whenever, an issue is raised by Shura members, the issue 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.
The number of Shura members who are selected by Shura members and approved by the head of Shura shall be called the Investigation Committee.
Whenever an idea is raised by a Shura member(Article 55) and it relates to a Minister, the Minister shall be informed and shall be asked for his/her or his/her deputy presence.
If the Minister is not convinced with the ideas raised by Shura members, he/she shall present the facts and reasons to convince the Shura members.
Whenever, a Minister is asked for more clarification of an issue, the Minister must prepare and give the clarification to the Shura members unless there is a factual reason not to.
All citizens shall resolve their problems through the related Ministries and departments and whenever the problem is not resolved, the issue or problem shall be sent to the Shura through the provincial Council members and if necessary, it shall be sent to the Prime Minister’s office.
In case of death of the King, if the Shura is not in session and cannot meet, the holding of a Shura session shall not be delayed more then 20 days after the King’s death.
If the Shura member period expires 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 National Assembly should not be in conflict with Islamic religion and state internal policies.
All regulations, laws and decisions approved by National Assembly 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. The meeting place for the Elder’s Council
shall be in
Approval of related regulations is a responsibility of both the National and Elder’s Council, all the recommendations raised by Ministers shall be discussed in this Council and shall be sent to National Council session for approval and vise versa and all regulations for the National Council shall be reviewed and shall be approved by the Elder’s Council.
The opening of the National Council shall not be delayed if the Elder’s Council is not held yet, but it shall be approved by his majesty the King.
The issues which are approved by Elder’s Council shall be sent to National Council session, and if they are not acceptable for the National Council, a different combined session of National Council members and Elders Council members will be developed. The members of the combined session of 20 people will be selected equally from both sides (the National Council and Elder’s 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 the election, number of members and mission of the 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 Ministers are collectively responsible to the National Council for the general policy of the state and individually for there prescribed duties.
All the responsibilities and policies for Ministers shall be specified in a specific regulation.
All Ministers can execute their duties 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 Minister’s official activities, he/she will be sent to the Supreme Court for trial. On personal issues, the Minister shall be sent to the Court of Justice.
If a Minister is accused, he/she shall be suspended until the final clarification by the court.
In the absence of the Minister, the deputy Minister or any appointed individual as the acting Minister shall have the full authority of the Minster.
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 the fundamental organizational structure.
Government Employee Rights
All government employees shall be assigned base on their proficiency and eligibility and in accordance with the special rules and principles. None of the employees shall be fired or replaced without a reason and the good discipline and qualified employees shall get promotions and rewards for their efforts in accordance with the special regulation for promotions and rewards.
All government employees are obligated to obey the orders which are given to them by their superiors in accordance with the issue related regulations and no one can take an action which is in conflict with that specific regulation. Whenever a subordinate employee is forced to act against the specific regulation, the subordinate employees shall report the situation to their related Ministry or to the Prime Minister’s office.
All position descriptions shall be published in separate regulations for each Ministry so employees can be held responsible for their assigned position and mission.
All justice courts shall be used as the public forum.
In all justice and Sharia courts all the decisions shall be made in accordance with the rules and regulations of the Hanafi sect.
All courts shall be free from any kind of influence.
All forums shall take place in a public forum except for those cases which are ordered to take place in secret.
Anyone who has a forum in the court can recommend any kind of legal possibilities to defend his/her case.
Justice courts can not delay or postpone any cases except when there is a legal reason for that specific case to be postponed.
No one can carry out an exceptional court outside of the justice court. This rule applies on any kind of forum.
Classifications and the levels of authorities of each court shall be published as a special courts regulation.
The Supreme Court shall be in session temporarily and only when there is a case at the Ministerial level and after the forum is completed, the Supreme Court session shall be out of session.
A specific regulation shall be published for conducting cases in the Supreme Court as well as conducting the internal procedures and principles of the Supreme Court.
All governmental taxes shall be charged in accordance with specified regulations.
A governmental budget for expenditure and imported items shall be developed in accordance with the 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 the annual budget, a final calculation shall take place for the exact amount of imported items and annual expenditures.
A specific regulation shall be used for better management, spending and implementation of budgets.
Any kind of financial discount and exemption shall take place in accordance with specific regulations.
Governing the Provinces
There shall be three main principles for governing the provinces; Developing subordinate relationships, Division of work and Assigning Responsibilities. All responsibilities for provincial employees shall be assigned in accordance with the above mentioned principles and also all subordinates shall be held accountable for their superiors.
All provinces shall have separate departments which shall represent different Ministries and all the provincial Afghan citizens shall refer to those departments whenever they have a problem to solve.
Whenever there is an insurgency or revolution against the
A provincial municipality’s departmental structure, as well as its responsibilities, shall be developed in accordance with specified regulations.
Recruiting soldiers shall take place in accordance with the special principles and also 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.
Foreign citizens shall not be accepted as soldiers in
Postal and document security is a responsibility of the Post Office and until there is not a court order for searching the documents and posted materials, no one can open them and they shall be delivered to the receiver securely.
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 in Dalwa 1331/January 1952