Nizāmnāma-i Asasi-e Daulat-e Aliyah-e Afghanistan (Constitution of the State of Afghanistan) 1923; A Clash of Modernity and Tradition

Abstract

In 1923 the very first constitution in subcontinent was adopted in Afghanistan by Amir Amanullah, marking a significant milestone in the history of the Indian subcontinent and declaring independence of the country and introduced certain phenomenal reforms including free education, equality among the population irrespective of religion, creation of judicial system, grant of personal freedom and free press. Despite these progressive measures, the constitution maintained the monarchy and preserved the principle of hereditary. A constitution reflects the culture and ontology of the country. Afghan constitution soon put the country into a civil war and Amir Amanullah had to abdicate and flee the country. Using doctrinal methodology, this paper analyzes the making, reforms of the constitution and its subsequent failure through the lens of historicism and concludes with the hypothesis that modern reforms in an Islamic tribal society should not be imposed through a western concept of constitution.

The study concludes with the hypothesis that modern reforms within Islamic tribal societies are unlikely to succeed if imposed through the framework of a Westernized constitutional model, suggesting that such changes must align with the cultural and historical realities of the society in question.