Formation of Afghan Law: to the Question of Its Periodization

The development of the Afghan law is reviewed, and the concept of its periodisation is proposed. The attention is paid to the fact that the study of history, culture and Afghan traditions in different periods engaged Afghan and foreign scholars of Oriental studies, but as for the study of the formation and development of the Afghan law, it is necessary to point out its insufficient development compared with the problems of the historical, economical and political development of Afghanistan. This contributes to the most objective understanding of the diversity of legal cultures, legal mentalities and legal values, as a result recognizes the diversity of ways of social and political development. The main stages of it are: historical, Ancient (pre-Muslim) period of the development of the Afghan law dates back to the emergence of «Zarathustra» to the introduction and spread in the territory of modern Afghanistan Islam in VII, and Muslim period during the development of the Afghan law (from the VII century, when the territory of modern Afghanistan penetrated and spread Islam – to the present) (at the macro level). The Muslim period is divided into the stage of the distribution of classical Muslim, stage of the formation of national legal system. This is the stage of development of the Afghan law associated with the penetration in VII century on the territory of modern Afghanistan Islam – to creation in 1747 the first independent Afghan state. Stage of development of Afghan law, associated with the creation in 1747 of the first independent Afghan state – Durrani state – to the proclamation in 1919 of full political independence of Afghanistan. The modern stage is connected with a transformation of legal system after the gaining of national independence
of Afghanistan (at the micro level).The last stage is considered through the prism of the constitutional development of the Afghan state (the Constitutions of 1923, 1931, 1964, 1976, 1980, 1987, 2004).