The Draft Constitution of the Taliban of 1998

Introduction and Translation

Abstract

This article provides a short introduction to the Taliban’s 1998 Draft Constitution, which aimed to establish a legal and governance framework for their Islamic Emirate of Afghanistan. Developed amid internal debates, the constitution was designed to consolidate power under the Commander of the Faithful (Amīr al-Muʾminīn) and institutionalise a strict interpretation of Sunni Ḥanafī Islamic law. Its provisions centralise authority, eliminate political opposition, and severely limit civil liberties, particularly concerning women and religious minorities. Despite its not being enacted, the constitution has influenced the Taliban’s shadow governance during the post-2001 insurgency, marking a continued commitment to centralised, theocratic, authoritarian rule. The article includes a scientific translation of the document, which has not been available online in English language previously.^[1]

[1] A different translation is printed in: Alex Strick van Linschoten & Felix Kuehn (eds.), The Taliban Reader. War, Islam and Politics. Hurst & Company (London), 2018, p. 270-290.