afghanistangovernment’s decrees on marriage and the family outlawed a number of
traditional practices, such as levirate marriages, the gifting of women with-
out bride price in settlement of blood feuds, and child brides.
The Constitution provided for a State Council, with very limited legis-
lative powers, which met once a year. Only a small number of its members
were elected, the majority being appointed by ‘Aman Allah Khan, others
were guaranteed seats by virtue of their tribal or religious status. The
Constitution significantly failed to place any restraints on the autocratic
and arbitrary powers of the Amir, indeed it reinforced them by accord-
ing him the exalted title of padshah, king, in emulation of the Iranian
monarch. ‘Aman Allah Khan was also formally exempt from scrutiny by the
State Council and the king alone appointed the heir to the throne, govern-
ment ministers, army officers and governors. He was also the supreme
commander of the army and retained his prerogative of ratifying, abrogat-
ing or overruling any law or judgement made by the Council or Judiciary.
Officially, the Constitution was said to be based on the Ottoman
Hanafi legal code, but the real inspiration came from Turkey’s Tanzimat
period, and the post-First World War secularizing reforms of Mustafa
Kemal. This influence was reflected in the Persian term used for the
Constitution, Qanun-i Asasi (Foundational Law), which was a direct trans-
lation of Teşkilât-ı Esasiye Kanunu, the title of Turkey’s 1921 Constitution.
Mashruta, the more usual Persian term for Constitution, was avoided due
to its historic association with the anti-government movement of 1909.
Opposition to the Nizam Namas was swift and vociferous. Religious
elites claimed that many of their provisions were opposed to the shari‘a,
while Pushtun tribal leaders were displeased at legislation that undermined
their customary law. As early as 1921 ‘Abd al-Quddus Khan, ’Aman Allah
Khan’s prime minister, had secured a fatwa from senior religious leaders
in Kandahar condemning the whole concept of a Constitution. ‘Rationally
and legally,’ the decree declared, ‘there is only one type of government, the
khilafat-i imamat, which is essential for the enforcement of divine law,
qanun-i asmani, and the implementation of the political order ordained
by the Almighty.’ All man-made legal structures, the fatwa declared, bring
‘corruption’ and ‘in the guise of civilization encourages hatred and terror’. 36
The Nizam Namas, with their evident influence of Turkey’s reform
movement, were therefore a cause for great alarm for conservative Sunnis,
especially since Mustafa Kemal’s Constitution removed sovereignty from
God and placed it the hands of the nation. He had also abolished the
Ottoman Caliphate and forced Sultan Abdulmejid ii into exile. Under the
1924 Constitution, Turkey also abolished the supremacy of shari‘a law and