'Abd al-Rahman Khan, Amir of Afghanistan, -1901; Afghanistan -- History; Kabul (Afghanistan)
The Law Courts of the country, if they can be called so, are divided into
two sorts. Offences against or cases pertaining to their religion are
first tried in the court of the Khan-i-Moullah (chief moullah), and if
beyond his powers, are referred to the chief Sirdar, and afterwards to
the Amir. Offences against the law are tried in the court of the Kotwal
(city magistrate), and those cases beyond his powers are also referred to
the chief Sirdar, and again by him, if beyond his jurisdiction, to the
Amir. For social offences persons are tried by their peers; the commoner
by commoners, and the khan (chief) by khans. To the above courts the
present Amir has added a special jury to try those cases which would
otherwise be referred to him, and this jury, although given special
powers to act, must send their findings to the Amir for confirmation.
The present Amir has also formed a parliament consisting of about thirty
heads of departments, who discuss the laws requiring reform, and when,
after the discussion, a majority is in favour of any alteration, the
proposed new law is written down for the sanction of the Amir, who
afterwards confirms it or otherwise, but mostly otherwise in those cases
I heard of. To the parliament is also delegated the trial of those cases
which involve the sifting of much evidence, and take time, the finding of
the parliament, as in other cases, having to be confirmed by the Amir.
Another jury has also been appointed to try those cases of prisoners who
have been imprisoned without trial, of which there are many in Kabul,
where prisoners of all sorts generally average between twenty and thirty
thousand, with orders to report fully to the Amir on each case.
Public-domain text, read in full here on John Shaqi.
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