Afghanistan Rising by Faiz Ahmed

Author:Faiz Ahmed [Ahmed, Faiz]
Language: eng
Format: epub
Publisher: Harvard University Press
Published: 2017-11-06T08:00:00+00:00

By contrast, the second branch of the CLC—here named the Administrative Division—comprised a body of technocrats with diverse backgrounds (Table 2). Though most were Afghan bureaucrats, others were professionals recruited from the Ottoman Empire and British India, some of whom had been appointed to leading roles on the commission. In nationality and profession these members embodied Aman Allah’s vision of a dynamic and cosmopolitan commission that would bring both a familiarity with Islamic jurisprudence of the Hanafi order and administrative expertise in a centralized, bureaucratic state such as British India or Ottoman Turkey. The strategy delivered. For the vast majority of Nizamnamihha-yi Amaniyyih codes, the Administrative Division drafted the laws before they were submitted to the Islamic Scholars’ Division for review. In this way, the reformist king’s legislative agenda placed a premium on synthesizing different registers of legal expertise, namely the interpretive fiqh tradition of the Hanafi school with modern bureaucratic practice. This synthesis was crucial to establishing a national legal system that not only resolved local disputes between private parties but also engineered “macrolegal” policies shaping the social and economic life of the country as a whole.

While Table 2 identifies verified authors of Afghanistan’s 1923 Constitution and Aman Allah Codes by name, we have not as yet considered the personal backgrounds, professional histories, and associated networks of learning and expertise that they brought to the committee’s work. This inquiry leads not only to Afghanistan but also, as we will see, to India and the Ottoman Empire. The following section offers brief profiles of five of the most prominent members of the CLC—representing Afghan, Ottoman Turkish, and British Indian nationalities.

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