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Constitution of Afghanistan

The Constitution of Afghanistan was endorsed in Kabul, Afghanistan by the consensus of a loya jirga on January 4, 2004. It evolved out of the Afghan Constitution Commission mandated by the Bonn Agreement. Hamid Karzai remains the interim president until elections take place in June 2004. It consists of 160 articles.

Executive Branch

The constitution involves a strong presidential system. The President of Afghanistan is elected directly by the Afghan people and has two vice-presidents. The president commander in chief of the armed forces.

Bicameral Parliament

Members of the Wolesi Jirga are elected by district and serve for five years. The upper house consists of a mix of appointed and elected members. One-sixth of its representatives will be women, appointed by the president, who also nominate to it two representatives of the physically disabled, and two Kuchi nomads. The lower house passes laws, approve budgets and ratify treaties - all of which will require subsequent approval by the Meshrano Jirga. The lower house has considerable veto power over senior appointments and policies.

At least two women are elected to the Wolesi Jirga from each province, guaranteeing women 64 of the 320 seats.

Cabinet

Ministers that hold multiple citizenships must gain approval of the parliament.

Districts

The constitution divides Afghanistan into 32 provinces. Each province is governed by a provincial council with members elected for four-year terms. Every village and town will also have councils, with members serving for three years.

Religion

The Constitution describes Islam as its sacred religion. A system of civil law is described, but no law may contradict the beliefs and provisions of Islam. Sharia law is not specifically mentioned, but nor is it ruled out. Followers of other religions are free to worship within the provisions of the law.

Court System

Courts are allowed to use Hanafi jurisprudence in situations where the Constitution lacks provisions.

Equal Rights

Women are protected equally before the law.

Language

The constitution does not designate a national language. However, it names Pashtu as the language of the Afghan National Anthem, and Dari as the other main language. Six ethnic minority languages, including Uzbek and Turkman, have official status in the regions where they are most widely spoken.

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