Episode 443

with Faiz Ahmed

hosted by Shireen Hamza and Huma Gupta

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In this episode, Professor Faiz Ahmed recounts the fascinating history of Afghanistan’s first modern constitution, contextualizing it within a broader legal and political history. The constitution was developed by Afghan, Ottoman and Indian and other scholars, at the behest of the country’s monarch, between 1919-1925. After the first world war, Afghanistan was one of few sovereign Muslim countries. This was one factor which drew many scholars and activists to the court of Amanullah Khan — a “Young Afghan,” graduate of an Ottoman institution in Kabul, and a Muslim modernizer. We learn about the role of figures like Queen Soraya, her father Mahmud Tarzi, and myriad scholars and jurists in shaping the constitution. We discuss the nature of the constitution as a living document, which acknowledges its place within an Islamic legal heritage — as well as the fact that the constitution will evolve. Professor Ahmed also reads from one section of the constitution, which determines “Who is an Afghan?,” and shares his translation. We also learn how the history of the constitution is remembered in Afghanistan today.

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