On Monday, April 19, 2021, the Afghan Institute for Strategic Studies (AISS), launched its recent research paper titled “A Constitutional Reckoning with the Taliban’s Brand of Islamist Politics: The Hard Path Ahead”. The launching ceremony was accompanied by an online discussion with Dr. Haroun Rahimi, author of the research and assistant professor at the American University of Afghanistan; Dr. Clark Lombardi, professor of law at the University of Washington; Mohammad Isaqzadeh, Ph.D. candidate in the department of Politics at Princeton University; and Dr. Lutf-ur-Rehman Saeed, head of the Foundation for Constitutional Studies. The panel was moderated by Victoria C Fontan, vice president of academic affairs at the American University of Afghanistan.
According to Dr. Rahimi the paper asks what are the Taliban's views on State? What are the limits of violence the State can use? He believes that the Taliban are traditionalist because they have adapted the most traditional understanding of Islam, but modern in a sense that they want to implement their views on society using modern methods; that is what makes them unique and dangerous. Rahimi added that the Taliban do not care for the classical Hanafi fiqh of non-violence. They will coerce their views as State policies in a document that does not have any base itself.
Dr. Saeed said, during Taliban regime, they referred everything to Sharia, but never defined what exactly is Sharia. Moreover, when Taliban refer to Sharia, they mean Hanafi jurisprudence. But even within the Hanafi jurisprudence there are contradictions on what should be the final and exact interpretation of Sharia.
Mohammad Isaqzadeh said, Islamist militant groups are mostly influenced by Salafism, rather than Hanafism. I am in doubt that Taliban are strong believers and followers of Hanafism; because Hanafis do not believe or practice ex communication or violence as Taliban use coercion. I am not optimistic about the Taliban accepting or allowing any other interpretations of Islam other than their own; they haven't shown any flexibility.
Dr. Clark Lombardi believes Taliban's profession is fighting, they don't have time for discussion. Will the Taliban change the Hanafism Fiqh, or will they give up their stand and embrace a multi-vocal definition of Hanafism, he asks. He added that we do not know what exactly the Taliban want, but we do know what they don't want. They do not want an inclusive society.
You can find the full research paper below:
https://aiss.af/assets/aiss_publication/Reckoning_with_Islamist_Politics.pdf