The Law-making Process in the Legal System of Afghanistan

Purpose: In every legal system worldwide, may it be the common law system, the civil law system, or the Islamic legal system, the legislation or the law-making is not the same and it differs a great deal. This research is conducted to prove that the Afghan legislative system is very distinctive in terms of legislation and has certain principles, resources, and professional entities for effective legislation or law- making. Moreover, the legislation or the law-making system is considered a scientific, technical, and professional process in the legal system of Afghanistan. The current legislation system in the country paves the way for prosperity and development of the legal system so that justice and social welfare on the one hand and the rule of law on the other hand are implemented more than before. Methodology: The doctrinal research methodology and a descriptive, explanatory, and analytical research approach were used in this work. Findings: This study showed that most of the Afghan academicians and legal scholars believe that the current Afghan legislation system is entirely based on technical, scientific, and professional means which on the one hand open the way for social development, welfare, and prosperity and on the other hand the rule of law is implemented. Conclusion: Most of the Afghan legal scholars and academicians suggest having excellent laws and following them are really essential. However, the drafting of laws requires a well-organized process in order to have good governance and rule of law in Afghanistan. Recommendations: This study recommends that while the Afghan government require to enact a law, it must first determine the need for the law, suggest it to the legislative body, who will then draft and pass the law. Furthermore, for a desirable and effective result, the Afghan government should pay more attention to the implementation of a particular law.