Constitution of 1923, Afghanistan

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Following Are the Substantive Differences Between the Original and Amended Version of the Constitution:

ARTICLE 2 WAS AMENDED BY ADDING TO THE PROVISION THAT THE ’RELIGION OF AFGHANISTAN IS THE SACRED RELIGION OF ISLAM’ THE FOLLOWING ’AND ITS OFFICIAL RELIGIOUS RITE IS THE SUBLIME HANAFITE RITE.’ ALSO ADDED AT THE END OF THE ARTICLE IS THE PROVISION THAT ’HINDUS AND JEWS MUST PAY THE SPECIAL TAX AND WEAR DISTINCTIVE CLOTHING.’

ARTICLE 9 WAS AMENDED BY ADDING THE FOLLOWING: ’AFGHAN SUBJECTS ARE BOUND BY THE RELIGIOUS RITE AND POLITICAL INSTITUTIONS OF AFGHANISTAN.’ THE INTENT OF THE ORIGINAL VERSION WAS CLEARLY TO ELIMINATE INVIDIOUS DISCRIMINATION ON THE BASIS OF RELIGION OR OTHER SIMILAR DISTINCTIONS. THE AMENDMENT IN EFFECT PLACES A RELIGIOUS LIMIT ON THE FREEDOM OF THE CITIZEN. MOREOVER IT IS AMBIGUOUS, SINCE IT COULD BE INTERPRETED TO MEAN THAT ALL CITIZENS MUST BE MUSLIMS OF THE HANAFITE RITE. THIS APPARENTLY WAS NOT INTENDED, ONLY MEANING, JUDGING FROM SUBSEQUENT PRACTICE, BEING THAT ALL CITIZENS OF WHATEVER CREED MUST RESPECT THE FACT THAT THE STATE RELIGION WAS THE HANAFITE AND SUNNI.

ARTICLE 24 WAS AMENDED BY ADDING AS THE END OF THE ARTICLE THE FOLLOWING: ’EXCEPT THOSE PUNISHMENTS WHICH ARE IN ACCORDANCE WITH THE RULES OF THE SHARIA AND WHICH ARE IN ACCORD WITH OTHER PUBLIC LAWS WHICH ARE THEMSELVES CODIFIED ACCORDING TO THE RULES OF SHARIA.’

ARTICLE 25 WAS AMENDED BY REMOVING THE WORD ’ACTING’ BEFORE THE WORD ’CHAIRMAN’ WHEN REFERRING TO THE PRIME MINISTER IN HIS CAPACITY IN THE ABSENCE OF THE KING. THE REASON FOR THIS AMENDMENT IS OBSCURE AND SEEMS TO BE BASED ON CONSIDERATIONS OF PERSONAL RELATIONS BETWEEN THE KING AND THE PRIME MINISTER AT THE TIME.

ARTICLE 42 (B) WAS AMENDED BY ADDING THE WORD ’STATE’ BEFORE THE WORD ’TAXATION.’ ACCORDING TO SOME SOURCES, THE PURPOSE WAS TO SPARE THE CENTRAL GOVERNMENT FROM COMPLAINTS ABOUT LOCAL TAXES. ACCORDING TO OTHER SOURCES THE PURPOSE WAS TO CLARIFY THE POSITION THAT THE TAXING POWER WAS VESTED ONLY IN THE STATE AND WAS NOT TO BE USED BY LOCAL OFFICIALS OR LOCAL CHIEFS.

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Chicago: M. A. Ansari, Leon B. Poullada, and Faruq Farhang, trans., "Following Are the Substantive Differences Between the Original and Amended Version of the Constitution:," Constitution of 1923, Afghanistan in Constitution of 1923, Afghanistan Original Sources, accessed March 29, 2023, http://www.originalsources.com/Document.aspx?DocID=L8CKH5PCCGLZF6P.

MLA: . "Following Are the Substantive Differences Between the Original and Amended Version of the Constitution:." Constitution of 1923, Afghanistan, translted by M. A. Ansari, Leon B. Poullada, and Faruq Farhang, in Constitution of 1923, Afghanistan, Original Sources. 29 Mar. 2023. http://www.originalsources.com/Document.aspx?DocID=L8CKH5PCCGLZF6P.

Harvard: (trans.), 'Following Are the Substantive Differences Between the Original and Amended Version of the Constitution:' in Constitution of 1923, Afghanistan. cited in , Constitution of 1923, Afghanistan. Original Sources, retrieved 29 March 2023, from http://www.originalsources.com/Document.aspx?DocID=L8CKH5PCCGLZF6P.