The Taliban on Tuesday said that they plan to temporarily enact provisions from Afghanistan’s 1964 constitution to rule the war-torn country. However, the Islamist group said that it will eliminate the provisions that go against the Sharia law. 

The Taliban captured the presidential palace of Kabul on August 15. The new government of Afghanistan, led by the Taliban, was announced in early September with supreme leader Haibatullah Akhundzada saying that they were committed to all international laws, treaties and commitments not in conflict with Islamic law. A spokesperson announced that the group was in the process of drafting a new constitution that would be completed by 2022.

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In simple terms, the Taliban are saying they will pick and choose what parts of the constitution they adhere to.

What is the 1964 constitution?

The third of the four Afghan constitutions, the 1964 draft was penned under the rule of king Zahir Shah. It was aimed at transforming the country into a democracy and catalyse socio-economic modernisation. 

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Some key elements of the 1964 constitution were:

a) Creation of two houses of parliament, of which the lower house would be elected through universal suffrage

b) Laws enacted by parliament would supersede Sharia law 

c) Women have the right to vote

d) Cabinet was supposed to exercise the monarch’s powers, while legislators were prohibited from holding ministerial posts

e) Freedom of religion. All non-Muslim citizens were free to perform their religious rituals as determined by the laws.

f) Education is the right of every Afghan and shall be provided free of charge

g) A centralised administration, divided into a number of administrative units, headed by the ministers.

h) The king held the supreme command of everything

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The constitution lasted eight years till 1973. Zahir Shah was overthrown following a coup. The next constitution in Afghanistan was adopted in 2004 after the NATO invasion. The Taliban have overwhelmingly rejected that constitution as an illegal entity and a product of US imperialism.