Inside the Taliban's governance: Chief Justice Haqqani's book sheds light

In a recently published book, Mullah Abdul Hakim Haqqani, the chief judge of the Taliban administration in Afghanistan, expresses his vision of the Islamic State and offers an exclusive perspective on the country's political landscape. The book, entitled "Al-Emarat-ul-Islamiyya and Nizamha," has obtained explicit approval from their supreme leader, Mullah Haibatullah, becoming the first literary document to provide information on the current Taliban perspective on political affairs.

Mullah Haqqani's vision

In a recently published book ‘'Al-Emarat-ul-Islamiyya and Nizamha' (The Islamic Emirate and its Systems), Mullah Abdul Hakim Haqqani, the Chief Justice of the Taliban adminstration in Afghanistan, has articulated his vision of an Islamic state. This book offers an exclusive window into Afghanistan's political landscape and the policies embraced by the Afghan Taliban, who took control of the country in August 2021- after a gap of two decades, shedding light on their principles of governance. Notably, the book has garnered the explicit endorsement of their supreme leader, Mullah Haibatullah, making it the first piece of literature to gain insight into the Taliban's current perspective on political affairs.

Mullah Abdul Hakim Haqqani's academic background includes graduating from Darul Uloom Haqqania, a prominent madrassa in Khyber Pakhtunkhwa, in 1980 where he also taught. Following the withdrawal of Soviet forces from Afghanistan, he returned to Afghansitan and studied and taught at the Jihadiya seminary in Kandaharfor three years at the request of Mullah Omar, the Taliban movement’s founder. When the United States launched military action in Afghanistan after the events of 9/11, he once again relocated to Pakistan’s Balochistan province and resumed teaching in Quetta for approximately 14 years. Concurrently, he held the position of 'Amir of Sharia Courts' within the Afghan Taliban ranks. He is credited with authoring around 27 books, with 'The Islamic Emirate and its Systems' being his latest work.

Mullah Haqqani on the Islamic State

The central theme of the book is the assertion that the existing political system in Afghanistan is both un-Islamic and illegitimate. This argument rests on the belief that God is the ultimate authority, and, consequently, human beings should not hold supreme power as is the case in popular political systems like democracy. While the book does not delve deeply into the mechanics of democratic systems, it primarily compiles Quranic texts that emphasize the obligatory nature of obeying Allah's orders, implying that the prevailing systems disregard these orders and are therefore considered "Taghut" (infidel or demonic) by the author.

The book extensively references old classical books on the politics of Shariah. There are many passages quoted from ancient books such as “Al-Ahkam al-Sultaniyyah” di al-Mawardi ‘Al-Ahkam al-Sultaniyyah’ of the old classical era or the work of Syrian professor Wahbah al-Zuhayli in his contemporary books like 'Alfiqah al-Islami Wa addilat'. Similar quotes have been taken from the books of Fatawa (religious decrees) and Tafaseer (exegesis of the Quran). This is the reason why most of the topics and the structures in the book especially on politics are archaic.

The general discussions within the book are related to the same political structures that existed during the era of the Caliphs and later Sultans (Muslim rulers) of the Muslim world. Topics explored include the concepts of Imamate and Khilafat, their objectives, and the implementation of Shariah. The book also discusses historical methods for selecting caliphs and rulers, including the use of force, which the author argues may be justifiable under certain conditions.
There have been many methods in Islamic history regarding the selection of the Imam or ruler, all of which are described in the book. One method also involves the use of force to acquire power.

The author has concluded that if the conditions of Imamate are found in the ruler, then it matters little if he establishes his rule through the use of force. Regarding democratic methods of election, the book deems them un-Islamic and illegitimate due to perceived biases related to race, culture, class, and the competitive nature of elections, which the author believes weakens the Muslim community. The author lamented democracy for affording equal voting rights to all, including women, men, believers, infidels, the ignorant, and the wise, contrary to Shariah principles. He further asserted that democracy leads to the wastage of wealth and resources, false promises, fraud, bribery, and other moral crimes in the quest for power.

Referring to the classical treatises on political jurisprudence, the author reaffirmed that the main duty and responsibility of the ruler is to protect religion, establish justice, collect taxes and charity, protect the border, and prepare the army. He cannot be removed from power without reason as long as he is performing his duties properly. Only if he becomes an apostate then his guardianship will not remain on Muslims, he argued.

On the topic of education

On the topic of education, the book promotes religious education as a primary goal for both men and women, with a preference for religious knowledge over worldly education, which is seen as a necessity. However, It outlines conditions for women's education, advocating for education at home by family members, such as parents, siblings, or husbands, or only taught by women if they had to go outside of their home, emphasizing a complete veil and not wearing perfume or embellished dress. Besides religious education , the book recommends women opt for medicine, sewing, and embroidery. Apart from this, there is no need to learn for example engineering or other technical or social sciences. It considers co-education as explicitly forbidden.

Continuing the Jihad despite the American withdrawal

However, the book lacks comprehensive discussions on contemporary topics such as the nation-state and foreign affairs. It emphasizes the need to continue jihad even after the American withdrawal from the country. The book takes a harder stance on religious matters, particularly emphasizing the implementation of Hanafi interpretations in all aspects of legal, jurisprudential, social, educational, governance, and judicial matters. It even advises punishment for those who leave the Hanafi faith.

The book recommends against having a separate judicial system or departments for non-Muslim minorities, asserting that such a move would weaken the authority of the Islamic emirate and allow un-Islamic affairs and laws to persist.

The book, in essence, does not provide a comprehensive examination of the political system, especially its contemporary details and complexities. Instead, it primarily consists of a compilation of quotations and focuses on ancient l political frameworks, terminologies, and associated specifics.
It's important to note that while Mullah Haibatullah, Taliban’s supreme commander, endorsed and praised the book, it is not an official document, and not all Taliban leaders, may agree with all its recommendations. Notably, there are instances where prominent Taliban figures, such as Deputy Minister of Foreign Affairs Abbas Stanekzai and Interior Minister Siraj Haqqani, have voiced support for girls' education, highlighting the presence of diverse perspectives among Taliban and other religious leaders. In a notable historical context, when the Taliban regime imposed a ban on girls' education in Afghanistan in 1998, it is important to note that Darul Uloom Haqqania, the educational institution from which many Taliban leaders, including Mullah Abdul Hakim Haqqani, graduated, openly criticized and opposed this decision.

This diversity of opinion within the Taliban and among religious leaders underscores the complexity of the situation. Ultimately, the trajectory the country takes in the coming days will be shaped by the dynamics of power and the interplay of these differing viewpoints.

Muhammad Israr Madani*

He leads the International Research Council for Religious Affairs, a Pakistani think-tank dedicated to the study of South Asian religious-political ideologies and movements.

Translation into Italian by the EuroIslam Editorial Team.