Public Law
Mohammad Javad Javid; Qudsia Frotan
Abstract
IntroductionPeace, as a human right, has been the aspiration of the Afghan people for over four decades, as Afghanistan has been enduring war. However, achieving sustainable peace is not possible without inclusivity, especially with the participation of women, as peace is based on the principles of ...
Read More
IntroductionPeace, as a human right, has been the aspiration of the Afghan people for over four decades, as Afghanistan has been enduring war. However, achieving sustainable peace is not possible without inclusivity, especially with the participation of women, as peace is based on the principles of equality and brotherhood, and its realization is only possible through collective engagement. Afghanistan, apart from the post-Taliban era, has always witnessed the dominion of oppressive and discriminatory ideologies and structures, which have led to numerous conflicts. Wherever there is oppression, there will consequently be.Research QuestionThis article seeks to identify how women can contribute to the realization of sustainable peace in Afghanistan. Therefore, it is based on the hypothesis that by recognizing the official and unofficial role of women in various public domains, sustainable peace is achievable. In peace, the structures and situations that lead to conflict are dismantled.Literature Review Regarding the role of women in achieving sustainable peace in the public legal system of Afghanistan, no work has been done in Afghanistan yet. However, considering the rapid developments that have taken place in the field of peace in Afghanistan, during my research, a significant number of studies have been conducted. Among these, there is the valuable research report titled "Women's Participation in the Peace Process in Afghanistan (A Case Study)". Another valuable work on this subject has been published by Dr. Omar Sadr under the title "Peace Processes in Afghanistan: People’s Perspectives", published by the Afghanistan Strategic Studies Institute. Another valuable article by Dr. Anahita Saifi, titled "Women, Peace, and Security in Afghanistan from the Perspective of the UN Security Council," was written in 2019. In this article, she examines the role of women in the peace-making process based on Resolution 1325 and the National Action Plan for Afghan Women, as well as the role of international institutions and women's participation in this process. Another valuable book, written by Mohammad Amin Ahmadi, who was also a member of the Afghan peace negotiating team, is titled "Peace in Afghanistan: The Struggle between the Republic and the Emirate."This book covers topics such as avoiding war, defending the republic and parliamentary democracy, a comparative study of the republican constitution and the emirate constitution, defending human rights within the framework of Islamic constitutional law, peace experiences and techniques, and finally, the legitimacy and sustainability of peace. This article has explored new horizons by, firstly directly addressing the issue of peace while considering the Afghan public legal system, and secondly, by being written concurrently with the latest news of peace negotiations and the confrontation between the Taliban and the Afghan government before the fall of Kabul, and referring to many recent meetings and events for the first time. Hence, it can claim to be new and original in its subject. Alongside that, our outlook on peace in this article is about sustainable peace that goes beyond ending war and conflicts and focuses on good governance and empowerment. This aspect has not been paid attention to in previous articles and sources.MethodologyThis article aims to contribute to increasing knowledge in the field of sustainable peace, with an emphasis on the role of women. In practical terms, it aims to assist in the current situation of Afghanistan which is on the brink of new developments in its political system, and provide a practical response to women's concerns arising from the Taliban's return to power in Afghanistan, as well as to strengthen the discourse on the role of women in achieving sustainable peace in Afghanistan and help guarantee women's rights as a vulnerable part of the country. This research has been conducted with a descriptive-analytical method.ResultNot until the social and cultural infrastructure is fundamentally reformed will top-down reforms to enforce the empowerment of women and project-based plans to increase their contribution in society achieve the desired result. DiscussionThe analyses in this article prove that the mechanism for achieving peace in post-war Afghanistan has been vertical (from top to bottom), and there have been significant international legal documents and domestic laws based on which many institutions and organizations have been created. However, what has prevented the realization of the goals set to achieve peace in Afghanistan are the structural and cultural problems in this area that have hindered women's participation in the desired positions.Therefore, to achieve peace, the structures and conditions that cause conflict must be eliminated. Moreover, to achieve sustainable peace, we need a structural reform that includes the participation of everyone, regardless of gender and ethnicity, as well as a cultural reform that supports political inclusivity. of the absence of peace in the current situation is evidence that, due to the lack of appropriate conditions for the participation of all Afghan citizens, especially women, the peace process has reached an impasse. ConclusionTo conclude, although the political system in Afghanistan after the war is defined as a modern and democratic system, its foundation is still the traditional and outdated national and tribal culture that has prevented the engagement of ethnic and social minorities and women in the body of the system as official actors. Therefore, women's struggles in recent years have primarily focused on reforming these structures and breaking down traditional anti-women structures, and because of the obstacles in front of their official actions to achieve sustainable peace, most of their efforts have been carried out through informal channels.
Noorbakhsh Riahy; Hossein Alaee; Mohammad Moghadam Fard
Abstract
A legislative system should have only one "legal logic". that's mean, based on principles, clear criteria, principles, concepts and related sources, the method of reasoning as well as goals and ideals can be achieved. However, based on the understanding of this article about the origin and nature of ...
Read More
A legislative system should have only one "legal logic". that's mean, based on principles, clear criteria, principles, concepts and related sources, the method of reasoning as well as goals and ideals can be achieved. However, based on the understanding of this article about the origin and nature of the republic and the Islam of the system, the legislative system of the Islamic Republic is based on the legal logic of "Islamic government" on the one hand and the legal logic of "republican government" on the other. For this reason, both the supreme sovereign institutions are involved in hesitation and duplicity in the performance of duties and powers, and the study of the concept of civil rights from the perspective of fixed divine laws (Islamic government) and changing human rights laws (republican government) will always be subject to instability and challenges. Was. Hence, many believe that these two systems of thought can never be connected with the two infrastructures. The present article, in a descriptive-analytical manner, assumes that in order to reduce this challenge as much as possible, the Islamic Republic is obliged to establish an institution of Islamic Sharia (an institution neglected in the Iranian legal system).
