Government of the Islamic Emirate of Afghanistan

Officially known as the leader of the Islamic Emirate of Afghanistan, the position is the de facto head of state and supreme leader of Afghanistan. Currently, the Leadership Council appoints a new leader upon the death, or resignation of the former leader.[9] Historically, the first deputy leader of the Islamic Emirate of Afghanistan has always chosen as successor. There is no fixed term limit for the position, with the incumbent always holding office for life.[9]

In the current political setup the Leader exercises final approval on major appointments and decisions made by the Islamic Emirate. The Leader makes all senior legislative, executive, judicial, provincial and municipal appointments and/or dismissals for the Islamic Emirate.[5] These institutions include the members and commission heads of the Leadership Council, Cabinet, Supreme Court, and Islamic Emirate Army, provinces, and municipalities.[10][11][12] The Leader also directly appoints the Minister of Defence, Minister of Interior Affairs, and Minister of Foreign Affairs. Outside of appointments, and in conjunction with the Leadership Council, the Leader officially exercises oversight of the work of the Prime Minister and Cabinet.[5] The Leader may also issue decrees and/or special instructions through the Leadership Office directing the work of the judiciary, cabinet, and provincial governors.[13][8]

Officially called the Leadership Council of the Islamic Emirate of Afghanistan and also known by its Pashto name Rahbari Shura,[14] the Leadership Council is a consultative body to the Leader and deliberative body of the Islamic Emirate. In reality it functions as the de facto executive branch of the Islamic Emirate. Its members are appointed by the Leader who in turn choose their successor.

The Leadership Council is made up of 30 members, 18 of them being heads of the various commissions and departments making up the council.[15] In reality, the Leadership Council exercises de facto political power over Afghanistan instead of the Cabinet as 30 of the 33 members make up the Cabinet.[16] Because of this, most decisions made by the cabinet are really made in direct consultation and approval with the Leader and Leadership Council.

The following bodies make up the Leadership Council:

• Border Commission
• Commission for Agriculture, Livestock, Ushr and Zakat
• Commission for Cultural Affairs
• Commission for Financial Affairs
• Commission for Preaching and Guidance, Recruitment and Propagation of Virtue and the Prevention of Vice
• Commission for Prevention of Civilian Casualties and Complaints
• Commission for Prisoners’ Affairs
• Commission for Training, Learning and Higher Education
• Commission of Military Affairs
• Department for the Affairs of Needy, Orphans and Disabled
• Department of Power Distribution
• Economic Commission
• Guidance and Invitation Commission
• Health Commission
• Institutional Commission
• Intelligence Commission
• Leadership Office
• Mining Commission
• Political Office (formerly Commission for Political Affairs)

The position is officially known as the Prime Minister of the Islamic Emirate of Afghanistan,[19] which presides over the Cabinet and is supposed to act as the head of government. Currently the Leader formally appoints and/or dismisses the prime minister and cabinet on independently or on recommendation from the Leadership Council.[20]

In reality the Prime Minister mainly presides over meetings of the Cabinet and oversees the functioning of the civil service.[21]

The Council of Ministers of the Islamic Emirate of Afghanistan is the de jure executive body of the Islamic Emirate of Afghanistan. In practice the ministries under the cabinet carry out the decisions of a respective commission or department within the Leadership Council.[22][23] The minister in charge in most cases is also the head of that commission. Independent decisions made by the Prime Minister and cabinet pertain primarily to the operation of the civil service.[21]

The Supreme Court of the Islamic Emirate,[25] or Supreme Court of Afghanistan, is the final court of appeal in Afghanistan. Abdul Hakim Ishaqzai, who is Minister of Justice, currently presides over the court as Chief Justice. Beneath him are two deputy justices; Mohammad Qasim Rasikh and Sheikh Abdul Malik.[28]

The Court of Appeals are the court of second instance at the provincial level. Each court is currently presided over by a chief Justice appointed by the Supreme Court.[25]

Civil Courts operate at the provincial level in seven provinces of Afghanistan as a civil court of first instance, operating on the same level of the provincial Court of Appeals. As its name implies civil cases currently are handled at this level in their respective province. Each civil court is currently presided over by a chief justice appointed by the Supreme Court.

Provinces that currently have civil courts as of 2021 are Baghlan, Samangan, Faryab, Sar-I-Pul, Kunar, Maidan Wardak, and Nuristan.[25]

City Courts function as the court of first instance at the municipal level across Afghanistan. Each court is currently presided over by a chief justice appointed by the Supreme Court.[25]

The provinces are headed by governors who are appointed by the Leader in consultation with the Leadership Council. The Governor in turn oversees the governing of the province through various departments to handle different aspects of governance, which are parallel to the ministries that make up the Cabinet on the national level.[29][30][31] The provincial governor presided over several district governors who were also appointed by the Leadership of the Islamic Emirate.[32]

As with the Islamic Republic of Afghanistan, provinces are composed of several districts presided over by a governor. As with the provincial governor, the district's governor oversees their area's respective civil service.[32]