Faisal Ahmad Shinwari

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Faisal Ahmad Shinwari was the Chief Justice of the Supreme Court of Afghanistan from 2001 until 2006. He was appointed to the post by Afghan President Hamid Karzai in accordance with the Afghan Constitution approved after the 2001 overthrow of the Taliban government.

In 2006, President Karzai renominated Shinwari to the position of Chief Justice, despite constitutional concerns regarding his degree in Islamic law. However, the parliament rejected the nomination. Shinwari served as Chief Justice until a new candidate, Abdul Salam Azimi, was approved by parliament.

By Western standards, he was widely considered to be a very conservative Islamist, and in his short term as chief justice some of the court's rulings included:

  • the court, during the 2004 presidential election campaign, sought to ban a candidate who questioned whether polygamy was in keeping with the spirit of Islam;
  • they have called for an end to cable television service in the country, at least pending government regulation, due in part to the apparent influence of films from Bollywood, which were allegedly prurient [1];
  • the court upheld the death penalty for two journalists convicted of blasphemy for saying the Islam being practised in the country was reactionary [2];
  • they banned women from singing on television [3]; and
  • they ruled that a girl, given as a bride when 9 years old and now 13, could not get a divorce from her abusive husband, notwithstanding a law that makes it illegal for girls under 16 to marry [4].