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Archived: 12/04/2001 at 06:54:53

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LEGISLATIVE REFORMS 

 
Legislative Reforms

 

Basic Principles of Reforms

Hezb-e-Islami Afghanistan will introduce comprehensive reforms in Afghanistan. The core of these reforms will be based on the following:

    1. The Glorious Qura'an and the Precious Traditions of the Prophet (PBUH), with their clear and explicit wording, will form the basis and source of our first rules, laws (parliamentary acts). Social problems and affairs will be settled through Hanafi Jurisprudence.
       
    2. An authoritative Dept. will be founded for bringing all legislation and state rules and regulations in perfect harmony and agreement with the spirit of Islam in the shortest possible time.
       
    3. Adequate authority will be issued to Islamic law-courts and complete independence of the Judiciary will be ensured. The authority of judgement will be given to reputable religious scholars in respect to their piety and righteousness.
       
    4. All related rules and regulations will be re-arranged as soon as possible for the purpose of administrating justice.
       
    5. All unjust, oppressive and tyrannical laws and legislation by means of which ruling and governing circles are violating and trampling upon legitimate human rights, are depriving them of their freedom and are creating obstacles in the path of lawful and healthy publicity, will be totally cancelled.
       
    6. New legislation and regulations will be approved as soon as possible for controlling adultery, alcoholism, gambling, fornication and moral corruption. Similarly sanctions will be imposed on the publication and/or propagation of pornography and indecent literature or sex films.
       
    7. The use of the Islamic religious veil will be made general throughout the country for fair sex and their religious and legal rights will be restored onto them.
       
    8. Necessary laws and rules will be enacted for the regulations and improvement of the social life of the people.
       
    9. There will be a decisive and to tyrannical and oppressive Martial Laws.
       
    10. Conditions will be laid down, regarding states of emergency and the continuation of Martial Law, which will limit the government's powers within a reasonable framework.
       
    11. Secret courts or military tribunals will end for ever. The trials of military officers and personnel will, however, be held in courts operating under the Judiciary.
       
    12. The country's parliament will be formed by means of independent and direct elections and it's members will constitute pious individuals.
       
    13. Rules and regulations related to law courts will be amended in such a manner/so as to settle the problems of the people in the shortest possible time and to facilitate speedy and fair justice without undue delays.
       
    14. A condition will be laid for these who are to be entrusted with government posts to the effect that they will discharge their duties with utmost piety and righteousness; and that in their private lives, they strictly adhere to Islamic tenets. Capital crimes of civil servants will affect matters related to their promotions or, necessarily, their dismissal.
       

Moral and Religious Improvements

The programmes of the Hezb in this regard are as follows:

    1. Regarding obligatory prayers, necessary steps will be taken so that negligence or carelessness does not occur. Extra facilities will be provided for civil servant and other employees in this connection. Efforts for the discharge of religious obligations will be considered more important than attention to the fulfilment of official duties.
       
    2. In the light of religious guidance, necessary conditions will be brought about under which the month of Ramadan (fasting) is completely honoured and respected.
       
    3. Adequate facilities will be provided for pilgrimage to Makkah (Mecca), and the present inadmissible and unjust obstacles created in the path of the people for the discharge of this sacred act, will be abolished.
       
    4. The important role the mosques should play in the social life of the people, will be revived. Suitable arrangements will be to ensure a decent and respectable livelihood for the Imams, preachers and those in the service of the mosques.
       
    5. In order to pave way for higher religious education and for the purpose of public awareness of religious belief sand tenets, efforts will be made so that every individual of our Muslim community must have at least that much information about religion which will be absolutely necessary in the daily life of a Muslim.
       
    6. Regular development and expansion of religious schools (Madaris) , and institutes where the Glorious Qur'an will be memorized, will be implemented in such a way that problems of the scholars and those who learn the Holy Qur'an by heart, will be overcome on a better scale inside the country. The programme will include free regular pursuance of religious education in all provinces.
       
    7. Making use of all legal and lawful means at the disposal of the government, efforts will be made to ban all kinds of evil-doing and immorality and ways and means, by which moral and ethical crimes are spread and deployed, will be ended.
       
    8. Regarding the nurture and improvement of moral aspects of the people and their healthy and traditional relations with each other, measures will be taken in the light of which fear of the Almighty will be revived in the conscience of the believers. They will also realise their religious obligations and their respect to religious laws and limits will be further developed. As a result of this our Islamic community will attain a high moral standard to the extent that refraining from evil-doing and the discharge of social duties will not depend on the strength of the law alone.
       
    9. The repair of mosques, the training of scholars and those who memorize the Holy Qur'an, entrusting the grave responsibility of Imamhood and overcoming the economic problems of mosques' Imams form the most important responsibilities of the Auqa'f (pious foundation). The imposition of the financial requirements of the Imam and the Mo'azzin (the person in charge of calling the people for prayers) upon the surrounding inhabitants of the mosque, will be regarded as disrespect to the religion.
       
    10. Non-Muslim minorities, according to the dictates of the religious laws, will enjoy all their lawful rights, and Islamic limits will be respected in their case.
       
    11. Finally, the government will be obliged to sue all renegades and apostates and to punish them according to the Islamic Code of Justice.
       

Education and Training

Attention to matters of education and efforts in this regard are of vital importance in our opinion. Hezb-e-Islami's programmes in this field can be summarized as follows:

    1. The present system of educational training and institutes is fruitless and futile and needs to be thoroughly amended. Only technical training is carried out in these institutes and even that in an imperfect form. Spiritual and religious nurturing of the trainees are totally forgotten - resulting in profound mental vacuum in these institutes. This in turn has paved the way for the nourishment of an alien and rejected kind of mentality in the ranks of the intellectuals. The various stage of the educational system will be organized in such a way so that right from the beginning up to the final stages of education, this pressing necessity will be considered that the educational institutions should train and offer to the community such technical personnel who are not only thoroughly skilled in their respective fields but that their religious knowledge is also of a satisfactory level. During the course of the training programme supplementary subjects will also be taught to the trainees in an effort to develop their sentiments as regards obedience to Islamic guidance. Education will not be confined to learning various subject-matters or skills, but that spiritual and moral training will form part of the general education in all branches.
       
    2. Every Muslim student or trainee, during his course of study, will gradually be learning commandments and guidance in respect to the daily affairs of the believers. This will include the primary stages of recitation of the Holy Qur'an up to advanced stages of perception and understanding of the fuller and vital meanings of it's verses.
       
    3. Full scrutiny will be made as regards research work that is being carried out in higher educational institutions with emphasis on research in religious sciences.
       
    4. Necessary measures will be adopted in an effort to overcoming problems regarding the continuation of education. Facilities will be provided so that nobody is deprived of the right to continue his education on account of lack of sufficient means or material.
       
    5. Educational institutions will be opened in every nook and corner of the country even in the far-flung areas.
       
    6. The present co-educational system, where boys and girls sit together in one class will be abolished.
       
    7. In the educational institutions a free learning atmosphere will prevail and the universities will maintain their independence within the framework of an approved policy.
       
    8. In an effort to improve living conditions of the academic staff, positive steps will be taken, and as an incentive to attract the best educational talents, their salaries will be re-arranged in a manner to allow them the highest living standard in the country.
       
    9. Regarding the systematic training of the teachers, special attention will be paid and efforts made to offer the desired teachers to the community. On the one hand they will be well qualified in their specific fields of training and on the other, they will be excellent educators as regarding moral and religious training.
       
    10. When recruiting the teachers, not only will their academic distinctions be considered but that special attention will also be paid that they are not against the Islamic identity and status of Afghanistan. Their character and conduct records should be such so that to credit them with the necessary legal capacity for bringing up the younger generations.
       
    11. Necessary military training will also form part of general education programme of the educational institutions so that to enable the youth to take part in the defence of the country.
       
    12. Media of the education, during the various stages, will be the official language of the country. Efforts will be made to teach each student in his mother tongue. Measures will be adopted for the development of the country's non-official languages also with spacial attention to be paid in respect in the learning of Arabic.
       
    13. The administration of educational institutions will be entrusted to those vocational officials who are well versed in religious subjects and are the symbol of righteousness and piety.
       
    14. Military personnel and officers will receive regular training in the Islamic Jehad. They will be inspired with the spirit of loyalty, perseverance and sacrifice. Their conception, understanding and the sense of attachment to and concern with the nation will be developed and nurtured. Efforts will be made to mobilize them not only with military equipment but also with the valuable Islamic guidance, so that our army will be an active force for the defence of the country and our religion and will not become a tool in the hands of despots.
       

The Demonstrational Setup

In our opinion, until healthy departments - staffed with pious, dutiful and capable personnel are not established, no reformatory or adjustment programmes will ever prove to be fruitful. The Hezb has envisaged the following programmes in this respect:

    1. Effective measures will be adopted to curb bribes, frauds and trampling rules and regulations in the government offices. All necessary means and facilities will be provided by means of which the spread of bribery, particularly among the civil servants, is prevented.
       
    2. During the appointment of high-ranking government officials to important and sensitive points, their financial position as well as that of their close relatives, will be recorded. During the term of their office, the will be controlled in such a manner that the growth of their office can be directly compared to their lawful and permissible income.
       
    3. Those officials whose higher standards of living could not be accounted for i.e. it could not be compared to their official salaries, their higher standards, will face interrogation and possibly law-suit in the shortest possible time.
       
    4. An independent department to prevent the government officials from resorting to cruelty or injustice, or to using their authority out of place, will be formed. The department will consider the complaints of the general public against civil servants. The procedure of their work will be approved under separate by-laws or rules.
       
    5. Using state money extravagantly or lavishly or improperly in the government offices will be prevented and improper possession of national assets will be avoided.
       
    6. Special national uniforms will be devised for government officials for wearing during office hours. The use of other uniforms or garments that have found their way into Afghan society as a result of western influence, will be banned.
       
    7. Regarding criminal investigation and in the course of interrogation of the criminals, the use of torturing means and equipment, that are being used by the police right now, will be forbidden.
       
    8. Futile and useless espionage activities and secret police, particularly deployment for creating an atmosphere of terror and dread, will be stopped earnestly and definitely. These networks will, primarily, be used for the prosecution of government officials, total obstruction of bribery and prevention of crimes, etc.
       
    9. The beastial behaviour against the defenceless prisoners, currently practised in jails all over the country, will have to stop forever. Corresponding changes will be introduced in this regard in accordance with Islamic requirements. The prisoners will be transformed into corrective centres where the inmates (convicts) will learn to earn their livelihood decently.
       
    10. Salaries of the civil servants and the working force will be reconsidered with a view to bring about necessary and suitable increase in them. This increase will be to the extent to overcome their financial problems and, at the same time, to bar the escape of brains and talents from the country.
       
    11. The government will be bound to pay a fair salary to military personnel and recruit only those persons to military services who would, voluntarily, prefer the sacred Islamic Jehad to other services. Regarding the training of other military personnel, however, necessary plans will be drawn out.
       
    12. The military forces will be developed and expanded which would constitute a reliable power for the defence of the country. We will endeavour with all our power to make sure that the military force will, by no means, fall prey to the influence of imperialistic forces
       

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