Glossary

Explanation of Terms Used in This Archive

This section provides definitions and context for key terms, categories, and classifications used throughout the archive and within the legal-administrative system of the Taliban regime.

Commander of the Faithful - امیرالمومنین

A person who holds the leadership of the Islamic Emirate of Afghanistan and has received allegiance from scholars, commanders, and armed personnel affiliated with the Taliban group. Based on this allegiance and the endorsement of their leadership, this individual assumes authority over state affairs and serves as the absolute ruler of the country. The Amir al-Mu’minin holds the authority to appoint and dismiss ministers, governors, commanders, officials of both central and provincial administrations, as well as to enact and repeal laws, regulations, and policies, independent of established legal and administrative practices.

Emarat - امارت

A form of centralized governance grounded in religious and Islamic principles, administered by a religious leader or Amir al-Mu’minin, who holds supreme authority at the head of this monolithic system. The central administration is managed through ministries, while local governance is overseen by governors, who are recognized as representatives of the Amir al-Mu’minin.

Prime Minister - رئیس الوزرا-

A person like a prime minister who, after the Commander of the Faithful, has the authority to manage the coordination of economic, political, social, and administrative affairs of the Islamic Emirate of Afghanistan and also leads the meetings of the Council of Ministers.

Prime Ministry - ریاست الوزرا

An institution equivalent to the Premiership, which, after the Office of the Commander of the Faithful, is responsible for coordinating activities, overseeing, monitoring, collecting reports from ministries and emirate departments, implementing the orders and decrees of the Emirate’s leadership, and is also responsible for reporting to the leadership of the Emirate, namely the Commander of the Faithful.

Sheikh of the Quran and Hadith - شیخ القرآن والحدیث

A person who has completed advanced religious and Sharia education in the fields of Quranic translation and interpretation, as well as the sayings of the Prophet of Islam, in religious schools or Sharia faculties up to the level equivalent to a PhD or postdoctoral degree. Such individuals have the authority to issue rulings and religious decrees (fatwas) in various areas. These titles are used not only for Islamic scholars in Afghanistan but also commonly for senior Taliban leaders and commanders who are founding or official members of the Taliban group.

Mfti - مفتی

An individual who has completed religious and Sharia studies in madrasas and Islamic educational centers under the supervision of recognized scholars, and who has attained the rank of faqih (Islamic jurist) or mufti. Such a person is granted the authority by councils of Islamic scholars or Islamic institutions to issue religious rulings (fatwas) on matters pertaining to Sharia law, judicial proceedings, tribal disputes, legal claims, inheritance issues, social matters, and other relevant areas. Under the regime of the Islamic Emirate, the role of the mufti and the issuance of fatwas have been utilized as instruments to suppress and silence reformist voices, opposition movements, and any activity deemed contrary to the regime. These tools have also served to enforce the Taliban's extremist policies. Through selective interpretations and justifications based on Islamic principles, the Taliban have compelled public compliance and obedience to their rule.

Law - قانون

This refers to a set of regulations and directives whose draft is based on Sharia rulings and jurisprudential sources authored by Hanafi legal scholars, which align with the extremist views of the Taliban. These regulations are prepared by Emirate departments and, after thorough review to ensure their compliance with Islamic law, are scrutinized by the General Directorate of the Institute of Legislative Affairs and Research of the Ministry of Justice. Upon approval by the Council of Ministers, they are ratified by the Commander of the Faithful through a decree, published in the Official Gazette, and subsequently enforced. The definition of law according to the Constitution of the Republic system is: "A law is a resolution passed by both houses of the National Assembly (Senate and Parliament) that has been ratified by the President." The foundation for drafting and ratifying any legislative document was based on Islam, the Constitution, and international conventions to which Afghanistan was a party. However, under the Emirate regime, the Constitution and international treaties have been nullified, with laws being solely based on the interpretation of Islam and Sharia. According to the legislative practices in Afghanistan, the legislative process consisted of six stages: 1) the drafting stage, prepared by relevant departments; 2) the review stage, carried out by the Institute of Legislative Affairs; 3) the approval stage, undertaken by the Legal Committee and the Council of Ministers; 4) the adoption stage, conducted by the National Assembly (Senate and Parliament); 5) the ratification stage, performed by the President; and 6) the publication stage, executed by the Ministry of Justice in the Official Gazette, making it accessible to the public. In each of these six stages, oversight bodies, civil society organizations, women's rights institutions, human rights organizations, and international entities were involved, ensuring compliance with the documents and international treaties to which Afghanistan was a signatory. However, under the Emirate regime, the legislative process is carried out unilaterally and incompletely, bypassing the established legal and supervisory procedures.

Regulation - مقرره

It is a legislative document developed by ministries with the purpose of clarifying and implementing the provisions of the law, as well as regulating their respective affairs within a defined scope. This document is subject to approval by either the Amir al-Mu’minin or the Prime Minister’s Office through the Council of Ministers.

Methodology - طرزالعمل

This refers to a technical and administrative document that outlines the procedures for implementing the provisions of laws, regulations, and decrees within a specific domain. It is prepared by ministries and Emirate departments and, following approval by the Commander of the Faithful or the senior official of the relevant Emirate department, becomes enforceable. An example of this is the procedural guideline for the hearing and resolution of complaints by the Ministry of Promotion of Virtue and Prevention of Vice.

Bill - لایحه

This refers to an administrative document based on the provisions of laws, regulations, and decrees issued by the Commander of the Faithful or, when necessary, by the relevant ministry or department. It establishes a set of criteria and conditions related to job responsibilities, administrative procedures, educational requirements, and behavioral standards, which are implemented following approval. The distinction between this and a procedural guideline lies in that certain significant bills are approved and endorsed by the Commander of the Faithful, while the majority of bills are approved by the head of the relevant ministry or department (minister or director) and are then enforceable. An example of this is the bill concerning the uniform of school students.

Command - فرمان

This refers to a legislative document issued by the leader of the Taliban or the Commander of the Faithful concerning the implementation of a specific or general matter, whether for a limited or indefinite period, and its enforcement is mandatory. Decrees are issued by the Commander of the Faithful in relation to the ratification and enforcement of laws, regulations, specific procedures, and other significant national matters. Decrees issued by the Commander of the Faithful carry the force of law and are published in the Official Gazette of the Ministry of Justice. Decrees issued by the leader of the Taliban regarding the appointment of ministers, governors, and other Emirate officials, however, are not published in the Official Gazette. According to the legislative practices of Afghanistan under previous regimes, the head of state held the authority to issue decrees. Some decrees, particularly those related to the ratification and enforcement of legislative documents, would be sent to the National Assembly (Parliament and Senate) for approval. If approved, they would be enforced; otherwise, the decree and legislative documents would be rejected, and amendments would be made to the law. However, under the Emirate regime, no institution exists to review or provide feedback on issued decrees. The decrees of the Commander of the Faithful are definitive and final, and their implementation is compulsory.

Decree - حکم

This refers to an official document issued by the leader or Commander of the Faithful for the implementation of a specific matter, and its enforcement is mandatory. The difference between a hukm (ruling) and a farman (decree) is that a hukm is issued for the implementation of a particular issue, whereas a farman is general in nature, and its compliance and enforcement are obligatory for all.

Verbal Decree - دستور/ هدایت شفاهی یا غیر رسمی

This refers to verbal decrees and directives issued by the Commander of the Faithful during meetings with officials from ministries and departments, as well as during sermons for Eid and Friday prayers, and through statements and media messages. These directives are issued to ensure the implementation and adherence to various matters, and compliance with them is obligatory throughout the country, holding the status of an unwritten law. Emirate institutions, relying on these verbal instructions, carry out official and administrative actions, ensuring their adherence and enforcement.

Resolution - مصوبه

A resolution refers to the decisions made during the meetings of the Council of Ministers (Prime Minister's Office) regarding issues proposed by ministries and departments of the Emirate. These matters are presented to the cabinet members or the Council of Ministers for approval, following which a decision is made on the issue at hand.

Fatwa - فتوا

This refers to the issuance of opinions, rulings, statements, and explanations of Sharia and Islamic laws, provided by a faqih (Islamic jurist) or mufti who has completed advanced Islamic, Sharia, and jurisprudential education and possesses the authority to issue fatwas. While the recognized sources for issuing and substantiating fatwas within the Muslim community and Islamic countries are based on the Quran, Sunnah, reason, and consensus, it is evident that the regime of the Islamic Emirate, along with its muftis and judicial apparatus, exclusively relies on the Quran and Sunnah, neglecting the consideration of reason and social consensus in the issuance of fatwas and directives.

Confirmation - توشیح

The stage of validating legislative documents, which is carried out through a decree issued by the leader of the Taliban or the Commander of the Faithful and is a prerequisite for the publication and enforcement of such legislative documents.

Publication & Enforcement - نشر و تنفیذ

This refers to the process of publishing legislative documents, during which a law, accompanied by the decree of the Commander of the Faithful for its ratification, is printed and disseminated in the Official Gazette of the Ministry of Justice. Upon publication, the law becomes legally effective, and its implementation is subsequently carried out.

Official Letter - دستور رسمی (مکتوب)

Official directives and orders issued in accordance with the formal and informal instructions of the Taliban leader, or as deemed necessary by the leadership of the relevant authorities and promulgated by ministries and Emirate institutions concerning the implementation and prohibition of various matters and issues.

Muhtasib - محتسب

An individual appointed by the Commander of the Faithful, or by a person authorized by the Commander of the Faithful (such as the Minister of Enjoining Good and Forbidding Wrong), to undertake the duties of ihtisab (religious oversight). Muhtasibs are official employees of the Ministry of Enjoining Good and Forbidding Wrong, entrusted with the responsibility of urging the public to engage in virtuous actions and refrain from immoral conduct. They are granted the authority to impose reprimands, issue threats, enforce detention, and administer punishment to those who contravene these principles.

Accountability - احتساب

The enjoining of virtuous and lawful acts, and the prohibition of reprehensible or unlawful conduct, in accordance with the rulings of Sharia and the provisions of this law, shall be executed by the Muhtasib (religious oversight official).

General Directorate of Intelligence - ریاست عمومی استخبارات

An institution vested with broad and exceptional authorities, tasked with overseeing the Taliban’s intelligence activities, conducting special operations, suppressing opposition, searching residential areas, and carrying out the arrest, interrogation, and torture of individuals opposing the Emirate regime. It is also responsible for the preparation of criminal case files and their submission to the judiciary.

Ministry of Promotion of Virtue & Prevention of Vice - وزارت امر بالمعروف و نهی از منکر

An institution established pursuant to the directive of the Commander of the Faithful and the principle of enjoining good and forbidding wrong, entrusted with the responsibility of guiding and advising the public and government employees toward the observance of Islamic and Sharia-compliant practices, and preventing acts deemed immoral or contrary to religious principles, in accordance with Hanafi jurisprudence. This institution is also vested with the authority to carry out arrest, investigation, and enforcement of penalties.

Virtues - معروفات

A statement or action that is deemed commendable by Islamic law (Sharia), and the individual who performs it is granted spiritual or eternal reward.

Vices - منکرات

A statement or action that is regarded as objectionable by Islamic law (Sharia), the commission of which is considered a sin in Islamic jurisprudence and is subject to punishment.

Shari'a Mahram - محرم شرعی

In Islamic law, a mahram for women refers to individuals such as the father, brother, husband, or son, who are permitted to accompany a woman during travel or when she is outside her home.

Non-Mahram - نا محرم

In Islamic terminology, a non-mahram for women refers to men who are not among her immediate family members—such as her father, brother, husband, or son. It is considered religiously impermissible for a woman to engage in close interaction with non-mahram men, including sitting together, conversing, traveling, or making direct eye contact.

Shari'a Hijab - حجاب ( پوشش شرعی)

A garment designed to fully cover a woman's body and face from the view of non-mahram (unrelated) men, ensuring that it is not transparent, short, or form-fitting.

Awrah of a Woman - ستر/عورت

The practice of covering or concealing the body and face of women from non-mahram men, and the body of men from non-mahram women. In accordance with the laws of the Promotion of Virtue and Prevention of Vice, it is considered obligatory for women to cover their entire body, and even their voice, as exposing these is deemed unlawful. Conversely, for men, the area between the navel and the knees is considered awrah and should be covered.

Punishments - تعزیرات

A form of punishment implemented in accordance with Islamic Sharia law and the regulations of the Promotion of Virtue and Prevention of Vice, administered by a religious official (Muhtasib) when an individual is found publicly committing an offense against Allah. This disciplinary action encompasses admonition, intimidation, reprimand, threat, fines, and imprisonment. Furthermore, the term Ta'zir is also applied to corporal punishments carried out in accordance with the rulings of the Emirate's courts, either in public or in private, for individuals sentenced to such penalties.

Lashing - دُرّه یا شلاق

A tool made from leather or braided cables, used for administering corporal punishment to individuals who have been sentenced by the courts. This instrument is commonly referred to as a whip. The practice of flogging or whipping offenders is a widely recognized method employed by the Taliban, typically carried out in public.

Warning - تنبیه

An action conducted by the officers of the propagation of Virtue and Prevention of Vice or other Emirate institutions against the opposing party, involving the use of harsh and forceful language, accompanied by threats and insults.

Living Being - ذی روح/ جاندار

This term refers to all living beings, including humans, animals, reptiles, birds, and other organisms. In accordance with the directives of the Taliban regime, the depiction of living creatures and the dissemination of their images and videos through media are deemed prohibited and unlawful.