Faculty of Law and Political Science

Introduction

This faculty was established in 2021 as consequence of incorporating the Separate Faculties of Political Science and Jurisprudence and Law. The mentioned faculties became separate department of the new faculty under the directorate of Mohamad Jawad Mohaddesi. The following information will state more about the departments and Faculty members. 

1) Department of Law

The Faculty of Law and Sharia Law in Kabul has 9 members of permanent academic cadre including PhD and Master professors while Faculty of Law and Sharia Law in Ghazni Branch and Jaghori Branch have their own academic team.

1. Summary of the permanent council members of the Faculty of Law and Sharia law are as bellow:

1. Seyyed Abdul Latif Sajjadi: Graduate of Sharia law and currently student of PhD degree in sharia law and judicial law

2. Abdol Bassir Nabizadeh: Master of Criminal Law and Criminology and Bachelor of Law from Al-Mustafa Al-Alamieh Society from 2008 – 2012

3. Abdolali Mohammadi: Doctor of Public Law from Shahid Beheshti University – PhD thesis title “Legal Mechanisms for the Establishment of Modern Government and Its Barriers in Afghanistan” – Master in Public Law from Imam Khomeini Institute of Education and Research

4. Abdolkarim Eskandari: PhD student at Tehran University (Campus Qom) in Criminal Law and Criminology – PhD. titled “Rehabilitation in Iran-Afghanistan Criminal Law” and Master’s Degree in Law

5. Azizullah Fassihi: Ph.D Student of Criminal Law at Tehran University since 1392, Master of Criminal Law and Criminology from Ahlul Bait University in 2010 and Bachelor of Law from Mashhad University

6. Ali Ahmad Rezaei: PhD student at Ferdowsi University in Sharia law and foundations of Islamic law and Master’s degree in Sharia law and Islamic studies

7. Ghassem Ali Sedaghat: PhD student of Public Law at Shahid Beheshti University of Tehran – thesis title “Basic Monitoring in Afghanistan and Iraq” and Master in Public Law

8. Mohammad Esa Fahimi: Master and Bachelor of Islamic Law and Islamic Studies from Al-Mustafa Al-Almia Society in 2010 and 1997

9. Seyyed Ya’qub Arefi: Master of Private Law in 2009 and Bachelor of Islamic Studies and Law in 2005 from Al-Mustafa Al-Alamieh Society

2. Academic biography of members of the academic council of the School of sharia law and law are as below:

1. Abdol Bassir Nabizadeh

Administrative position: Academic Research Officer

Academic Rank: Associate Professor and Faculty Member of the Law School

Masters of Criminal Law and Criminology and Bachelor of Law from Al-Mustafa Al-Almia Society in 2012 and 2008

Academic works:

• Freedom of expression in law and sharia law
• The status of political parties in international documents and the constitution of Afghanistan
• Political Participation in Afghanistan Challenges and Solutions
• Collateral offenses
• Study and review of hardship cases (Osr and Haraj)
• Cybercrime and legal challenges

 Abdolali Mohammadi

Academic Rank: Faculty Member of the Law School

Doctor of Public Law from Shahid Beheshti University – PhD thesis title “Legal Mechanisms for the Establishment of Modern Government and its Barriers in Afghanistan” and Master in Public Law from Imam Khomeini Institute of Education and Research

Academic works:

A. Books

• Introduction to administrative structures of Islamic state; 2006
• The basic rights of the Islamic Republic of Afghanistan; 2008
• Administrative Law of Afghanistan; Published by Erfan; 2011

B- Articles

• Requirements of the Afghan Judiciary System; 2005
• Freedom of expression in the constitution of the Islamic Republic of Afghanistan; 2006
• Election Monitoring Mechanism in Afghan Law; 2007
• Congress of the United States and the National Assembly of Afghanistan; 2007
• Theoretical Foundations of Democracy; 2009
• Mechanism Election transparent;

Activities and experiences

• General Director of Guidance and Invitation to the Ministry of Labor and Social Affairs, 1994-1993
• Professional member of the Department of Islamic Education of Radio and Television; 1995-1999
• Legal advisor to the head of the Wolesi Jirga of the National Assembly; 2007-2008
• Presidential Legal Advisor to the Islamic Republic of Afghanistan; 2014;

 3- Abdolkarim Eskandari

Academic Rank: Faculty Member of the school of Law

PhD student at the University of Tehran (Campus of Qom) in the field of Criminal Law and Criminology – PhD thesis titled “Rehabilitation in Iran-Afghanistan Criminal Law” and Master’s Degree in Law

Academic works:

A) Books

• “Legal Status of Victims of Women in Sharia Law and Law”- Imam Khomeini Institute, 2012
• Personality rights of women; education publication;
• Woman’s family rights; education publication;
• Guarantor of relatives in murder; Qom; 2008
• Ways to Protect Victims; Qom; 2009
• Analysis of the Rights of Victims; Qom; 2008

B) Articles:

• Rights of Minorities in the Islamic System; 2013
• The silence of the defendant in Afghanistan’s law and international documents; 2013
• Rights of Minorities in the Islamic System; 2013
• The role of abandoning action in realizing the material element of murder, from the perspective of Afghanistan’s criminal law and international documents; 2013
• What is apostate and what is the philosophy of punishment? 2011
• Guidelines for supporting victims of crime in Afghan law and international documents; 2010
• Impact of false customs on Afghan women’s rights and its solutions; 2009
• Jurisprudential review of the guardian’s permission to marry; 2008;

4- Azizullah Fasihi

Academic Rank: Associate professor and Faculty Member of the Law School

PhD student of sharia law at Tehran University since 2013. Master of Criminal Law and Criminology from Ahlul Bait University in 2010 and Bachelor of Law from Mashhad University.

Academic works:

 5- Ali Ahmad Rezaei

Academic Rank: Faculty Member of the school of Law

PhD student at the Ferdowsi University in Sharia law and master’s degree in Sharia law and Islamic studies

Academic works;

• Scientific authority of Ahlul-Bayt from viewpoints of Hanafi; 2011;
• Ahl al-Bayt the Islamic axis for unity; 2011
• Imam Sadiq and Religious Brotherhood; 2009
• Approximative approaches and Idea of the Imam Aazam; 2007

6- Qassim Ali Sedaghat

Academic Rank: Faculty Member of the School of Law

Ph.D. student of the Shahid Beheshti University of Tehran in Public Law – Ph.D. thesis title “Basic Monitoring in Afghanistan and Iraq” and Master degree in Public Law

Academic works:

A) Books:

• “Guidelines for guaranteeing the rights of citizens in sharia law and the laws of Afghanistan”; Al-Sumati society; 2009
• Basic Law of Afghanistan; Imam Khomeini Institute; 2012

B) Articles:

• Boundaries of constituencies in Afghanistan; 2014;
• Proactive government commitments against citizens from Imam Ali’s perspective; 2012
• Economic factors of corruption; 2010
• The National Assembly and its function for the Supervision of Power; 2009
• Review of the presidential election process; 2008
• Authorities and function of the Afghan Senate, 2008;

 7. Mohammad Esa Fahimi

Academic Rank: Associate professor and Faculty Member of the Law School

Master and Bachelor of Islamic Law and Islamic Studies from Al-Mustafa Al-Almia Society in 2010 and 1997

Academic Works:

 8- Sayyid Ya’qub Arefi

Administrative position: Head of Department of shria law

Academic Rank: Researcher and Faculty Member of the law school

Master of Private Law in 2009 and Bachelor of Islamic Studies and Law in 2005 from Al-Mustafa Al-Alamieh Society

Academic works:

A) Books

– Several books ready to publish

B) Articles:

• Compulsory Guaranty
• Lawyers in Afghanistan and Iran
• Terms of wedlock from the perspective of sharia law
• The role of reluctance in transactions from the point of view of sharia law

 Introduction of School of Law and sharia law

1. Establishment of the School of sharia law and Law

The Faculty of sharia law and Law is the first faculty of Khatam al-Nabieen University established in 2007 in order to satisfy the enthusiasts and need for sharia law and human rights knowledge and values. So far, hundreds of committed and thoughtful students have been studying sharia law and law at the undergraduate and master’s level. Indeed, the teaching of laws in the absence of jurisprudential knowledge, somewhat, baseless education, the individual can have right perceptions and valuable inferences that are aware of jurisprudential knowledge. For this reason, this faculty has incorporated jurisprudential texts and rules as much as is required in the main and optional courses of law, and has been named as the “faculty of sharia law and law”.

B. Objectives of faculty of sharia law and Law

The main goal is to produce educated individuals having commitment to religious, ethical and legal doctrines. The real motivation of Khatam-al-Nabieen University and the Faculty of sharia law and Law is provision of pure space for “spirituality and knowledge”; this university and school does not consider itself the only “academic center” but also “the religious-moral center”. Thus, knowledge and value has got similar importance and will make efforts to remain as a pure base for education and spirituality. Of course, knowledge and skills are alike two wings for flight. Therefore, this is to say:

1. Standard and specialized education

Disorganized information and even widespread awareness will not work as foundation and beam of progress and upgradation unless it is in the light of the “standardization” and “categorization”. The motivation of the faculty of sharia and law is to introduce the skills of inferences of sharia law and law so that students can emancipate of wandering in modern and complex issues using legal logic and jurisprudential perceptions. Academic and specialized education is an incentive that every scientific-religious institution should consider it as a main goal.

2. Practical Training (Skill Enhancement)

Any field of academic major is based on the three pillars of “Awareness”, “readiness” and “experience”; even if the awareness is as wide and clear but without “necessary readiness” cannot go along and cannot pass a desirable and progressive path, that is why the matter of “skill” is raised. In the field of sharia law and law, in addition to knowledge, there should be walking between law articles and legal issues to get preparedness for solving complex cases. The purpose of this faculty is not to provide only “theoretical education,” but also to provide professional training and background for the readiness of students in the field of judiciary, acting as lawyers and other legal matters. In this regard, the faculty has put in place some extra-curricular programs, such as: holding mock trials, law reading completion, visiting public courts, and setting up meetings with famous judges of the of the country.

3. Education and Commitment

There is kind of interdependent relation between specialty and commitment; one without another in the pursuit of a successful goal will be lost and helpless. Science will be enlightened in light of value and will illuminate it. Education, along with religiosity and virtue, will make a lawful community. The goal of the School of sharia law and law is to provide the basis for growth of legal expertise in the context of ethical commitment.

Fields of study and courses

Courses of sharia law and law are currently offered at undergraduate and postgraduate levels:

1. Bachelor’s degree

In the undergraduate level, the students are supposed to come through a transparent pre-university test and then they are required to pass at least 136 credits during the seven semesters (three and a half years). If required, up to ten optional courses will also be added to the credits. Finally, the student is obliged to choose a specific, needful and practical Monograph subject with the guidance and under supervision of professor and then deliver to the faculty for evaluation; if the student is unable to complete the final research in the seventh semester, the seventh semester will be dedicated to the writing of the monograph.

It should be notified that undergraduate courses at the Faculty of sharia law and Law are organized in a way that after graduation of the student can scientifically run judicial position, defense lawyer and legal counseling. This way has at least two prominences:

First, students have to pass the basic lessons of law, besides gain general awareness of disciplines so that they find wider field of work (not limited to being attorneys or lawyers and legal counseling); Secondly, the student will have more and more options to choose a courses in master’s degree.

2. Master’s degree

It is obvious that the Faculty of sharia law and law, after passing two successful graduation ceremony of the bachelor’s degree, had the legal and moral merit of conducting master’s degree in law; in the beginning of the school year 2013, with the help of Allah and permission of the Ministry of Higher Education of Afghanistan the Master Degree in law commenced. Out of hundreds of applications, about seventy people succeeded after academic assessment in three following disciplines:

– Public Law.

– Criminal Code and Criminology.

– International Law.

The duration of the master’s degree is two years, during this period, students will study 35 educational credit, among them, six units devoted to the dissertation. Now, with the experience of the Master’s Graduation Festival, we can accept only limited students through careful exams, at a rate set by the Ministry Higher education, from a large number of the interests in two major disciplines: “Criminal Law and Criminology” and “International Law”.

Studying Students and graduated Students

1. Graduates

The faculty of sharia law and law is proud of competence that successfully beheld the ceremony of two four years of study and two period of graduations. Altogether, a large number of students are happy to have received the graduation suit, and thus most of them have succeeded in finding suitable jobs, or Continued studies in master’s degree at the same University, Khatam-Al-Nnabieen (pbuh). Precisely, out of the 230 graduated students, 149 students (male: 98 females: 51), have received their graduation documents from the Ministry of Education after processing their usual paper works.

2- Scholarship

Khatam Al-Nibieen University has been able to provide a total of 70 overseas scholarships to those who had already graduated from the faculty of sharia law and law. Thirty-five of them have been studying postgraduate courses in criminal law and criminology and private law for over a year, and other scholars are also ready to be dispatched. Of course, the scholarship process abroad is a continual program of the university.

3. The studying students

In faculty of sharia law and Law, 397 (female: 81 and male: 316) students are studying.

In the first year, 80 students out many applicants, who secured the highest points based on written test and scientific interview, had been accepted.

In Second year, a group of 90 students (male: 73 females: 17) who had passed the course content of the previous year and found the merit of upgrading to the second year.

In third year, there are 158 students who have completed 80 elected credit and recognized eligible to attend higher educational courses.

In the fourth year, students are on the verge of graduation and must pass at least 136 credit so that they can participate in the graduate celebration; at the first semester of the year, 48 males and 21 females, in A total of 69 faculty students deserve graduation. Currently, many students are studying sharia and law at this faculty.

The career outlook of sharia law and law

1. Scientific activities

The graduate of the bachelor’s and master’s degree from the Faculty of sharia law and law will be able to absorb as professors, scientific or legal researchers or professional personnel in private and public sectors.

2. Judgment

The graduate of bachelor’s and master’s degree of this faculty can be hired through internship exams which is held once a year by Supreme Court

3. Lawyer

Graduates of this college can receive a defense lawyer’s license and work as a lawyer and advocate in the community.

4.Legal Consultant

The lawyer of the faculty, with full competence, can provide legal advices to public and private individuals of the community.

5. Legislation

The graduates of this faculty can act as a lawmaking researcher or writer in the public organizations such National Assembly, ministries and other institutions of the state.

6. Administrative and Law Enforcement

Graduate students of law can work in senior managerial and Administrative positions of the country because they are specialist in sharia law and law and therefore they have the ability to implement and enforce the law well.

C) empowerment programs

In order to enhance the scientific excellence and practical result of the student’s training sessions, the faculty always has the following programs:

1. Conducting simulated trials in the presence of well-expert judicial juries of the country and then the mock session is evaluated by them.
2. Conducting public law training for all students of sharia law and law for the purpose of farther advancement and expertise.
3. Conducting competitions for purpose of getting more acquaintance with the laws of the Islamic Republic of Afghanistan.
4. To get students participate in formal court hearings in order to watch the formal trial process.
5. Invitation of judges, prosecutors and legal medical experts to lecture and share their exprience to the faculty students.

This department has two separate branches: General Law and International Law & Criminal Law and Criminology.

A) Criminal Law and Criminology