Pohanwal Abdulqader Adalatkhwah Member of Supreme Court

Pohanwal Abdulqader Adalatkhwah

Member of Supreme Court High Council

 

Pohanwal Abdulqader Adalatkhwah son of Khosh Mohammad was born in 1333 in Delshad Village, Hazrat-e-Emam Saheb District of Kunduz Province. He completed his primary education at Gheraw Primary School. In 1356 he graduated with high grade from Takharistan Religious School (Madrasa) of Kunduz province. Once passed the university entrance exam, he started his higher education at Sharia Faculty of Kabul University. After that he got his master’s degree in judicial and prosecution affairs from faculty of law, Kabul University.  With due consideration to all academic standards, he got scientific cadre membership of private rights department, law faculty of Kabul University in 1362. For the past 30 years he has been teaching various law subjects such as; obligatory rights, family rights, objective rights, modern mass legal systems, heritage rights, fundamentals of Islamic law (Sharia Law), fundamentals of law, criminal law and some other subjects. In addition, he has taught the civil rights subject at Sharia School and fundamentals of law at journalism school of the Kabul University and has taught subjects such as; the human rights and the law on how to acquire rights as part of capacity building courses for the ministry of justice staff. Moreover, he has been responsible to the law on how to acquire rights at the Supreme Court stage courses and has been the trainer of the seminar on “the constitution and the Loya Girgas” and the trainer of civil rights subject conducted for the defense attorneys by the Association of the Afghan women lawyers. In addition to teaching positions, Pohanwal Adalatkhah has served at the Kabul University as the general manager of the general sub-directorate of the faculty in 1368 (grade 3) and general manager of the students’ general sub-directorate in 1373. During 1371 to 1375 he has remained head of the private rights department of law school of the Kabul University. And during 1377 to 1380 he used to work as an advocate.

The mentioned represented Kunduz residents at the emergency and ratification of the constitution Loya Jergas and was elected secretary of the 1st committee at ratification of the constitution Loya Jerga. During transitional government from late 1380 to late Asad 1381, he was head of Kunduz Huquq department (grade2) and later on he became head of Kabul Huquq department yet preserving all his scientfic  rights and privileges. And in earlier 1384, he was assigned as General Director of the Huquq department of the Justice Ministry.    

Based on 1917 presidential decree of the Islamic Republic of Afghanistan on 26 June 2007, Pohanwal Adalatkhah was assigned as Administrative Deputy of Justice Ministry (high rank position), and was working in this position till 9 June 2010. Later on, he was introduced to lower house of the parliament by the president as a member of The Independent Commission for Overseeing the Implementation of Constitution, and after receiving approval of the lower house, on 9 June 2010 he got membership of the commission and was officially assigned to this high ranked post through presidential decree number 52 on July 26, 2010. Later, based on direct and secret votes he was unanimously assigned as Deputy of the commission. Finally, he was introduced as a member of the Supreme Court to the parliament and once received the confirmation, was officially assigned as a member of the Supreme Court through presidential decree number 108 on 1 January 2014.   

Pohandowy Adalatkhwa was the founder and first editor in chief of the legal publication of justice ministry. Meanwhile, he is editor in chief of the constitution magazine and writing board member of Adalat Magazine issued by the ministry of justice. He has excellent language skills in Dari, Pashto, Uzbeki and is good with Arabic. He is also familiar with Russian and English languages. 

He has written the family rights text book and has written more than 45 scientfic  and research articles for credible domestic magazines including Kabul University Social Sciences Magazine, Kabul University Scientfic  Magazine, the Justice Magazine, Legal Awareness Publication, Tebyan, Aryana, Sharia Magazine, Magazine of Rights, the Judicial Magazine, Rights and the Society Magazine, The brother ethnic group magazine and likewise. Following are the list of his publications and articles:

Published Articles and Publications of Pohanwal Abdulqader “Adalatkhah” 

  1. Study of women role in the family and society, Kabul University Scientific  Magazine, 3rd edition, 1391 (14 Pages)
  2. Law Interpretation References, the Constitution Magazine, professional scientific  and research publication of the Independent Commission for Overseeing the Implementation of Constitution, 1st year, 1st edition, 1391 (14 Pages)
  3. Observing Oath in Case of Polygamy, 1st Part, Tebyan – the scientific  and research magazine of the Academy of Sciences of Afghanistan, 33rd edition, 1391(14 pages)
  4. Observing Oath in Case of Polygamy, 2nd Part, Tebyan – the scientific  and research magazine of the Academy of Sciences of Afghanistan, 34th edition, 1391(11 pages)
  5. Law Interpretation References, Aryana – the  Scientific and Research Magazine of the Academy of Sciences of Afghanistan, 2nd edition, 1390 (20 pages)
  6. The Logic of Legality of Alimony for Wife and the Reasons behind Its Incumbency, Scientific-Research Magazine of Law Faculty, 4th, 5th, and 6th editions, 2nd round, Jadi to Hoot 1390 (solar calendar), (10 pages)
  7. Observing Oath in Case of Polygamy, Mujal-e-Huqooq (Law Magazine), Scientific-Research Publication of Faculty of Law and Political Sciences, 4th edition, 2nd round, 1st edition published in 1390 (13 pages)
  8. Observing Oath in Case of Polygamy, Adalat Magazine – Professional Legal and Cultural Publication Organ of the Justice Ministry, 96th edition, 12th year, Dalw 1389 (solar calendar), (14 Pages)
  9. Women’s Role in the Family and Society, Adalat Magazine, 86th edition, Hamal 1389 (solar calendar), (10 pages)
  10. Cancelation of Engagement and Its Legal Effects, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387
  11. Women’s Right of Mahr (Dowry), Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387
  12. Financial rights of wife, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387
  13. The Process of Law Enforcement, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387
  14. How Laws Are Revoked?, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387   
  15. Non-Reversion of law to its precedent, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387
  16. The Principle of Non-Reversion of laws to their precedents, Legal Awareness Monthly Magazine, Total Number of Articles, 1387
  17. Maharem (Blood Relatives) from Sharia and the enforced laws of the Country Point of View, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1387
  18. Woman’s Right of Alimony on Her Husband, Legal Awareness Monthly Magazine, Total Number of Articles Published, 1386
  19. Well Behavior of Husband with His Wife, Legal Awareness Monthly Magazine, Total number of articles published, 1386
  20. Legal Terminologies, Legal Awareness Monthly  Magazine, Total number of articles published, 1387
  21. The Importance of Peace from Islamic Point of View, Legal Awareness Monthly Magazine, Total number of articles published, 1387
  22. Revision of the law on how to attain rights, barriers and solutions, Legal Awareness Monthly Magazine, Total number of articles published, 1386
  23. Assessment of Prisoners and Detainees’ Problems, Adalat Magazine -  Professional Legal and Cultural Publication of the Ministry of Information and Culture, 56th edition, 9th year, Mizan 1386 (solar calendar), (5 pages)
  24. Human Right and its observance in Afghanistan, Adalat Magazine, Professional-Legal and Cultural Publication of the Justice Ministry, 8th year, 47th edition, Jadi 1385 (solar calendar), (19 pages)
  25. The principle of non-reversion of law to its precedent(civil laws), Adalat Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 8th year, 44th edition, Mizan 1385 (solar calendar), (13 pages)
  26. Disagreement of Wife and Husband over Mahr (Dowry) and the Solutions, Adalat Magazine, 41st edition, 1385, (... Pages)
  27. Polygamy, Mujal-e-Huqooq (Law Magazine), Publication of Faculty of Law and Political Sciences, Kabul University, 1st edition, 1384, (11 pages)
  28. Husband’s Obligations towards Paying His Wife’s Mahr (Dowry) (1), Adalat Magazine -  Professional Legal and Cultural Publication Organ of the Justice Ministry, 36th and 37th editions, 1384, (… pages)
  29. Polygamy-Opponents and Believers Opinions, Adalat Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 7th year, 31st edition, Sunbula 1384 (solar calendar), (16 pages)
  30. How to resolve conflicts among people?, Adalat Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 7thyear, 28th edition, Jawza 1384, (10 pages)
  31. Intellectual and Quoted Reasons favoring legality of Mahr (Dowry), Adalat Magazine -  Professional Legal and Cultural Publication of the Justice Ministry, 7th year, 26th edition, Hamal 1384, (6 pages)
  32. Restoring Independence of the Country, Adalat Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 2nd year, 3rd edition, Jawza 1382, (7 pages)
  33. Legislative phases (drafting phases, approval, ratification, publication and completion of the post publication specific time), Adalat Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 2nd year, 2nd edition, Sawr 1382 (solar calendar), (7 pages)
  34. Authorized Organs for Interpreting the Laws (legal interpretation, Judicial interpretation and Personal Interpretation) Adalat Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 1st edition, 2nd year, Hamal 1382 (solar calendar), (7 pages)
  35.  The Amount of Mahr (Dowry) according to Sharia law, Qaza Magazine –the Supreme Court Publication, editions (1-2), 1381, (5 pages)
  36. Methods of Interpreting Provisions of the Penal Codes (Restricted Interpretation, Judicial Interpretation, Personal Interpretation), Adalate Magazine – Professional Legal and Cultural Publication of the Justice Ministry, 1st edition, Jadi, Dalw and Hoot of 1381 (solar calendar), (11 pages)
  37. Permanent Prohibitions for Getting Marriage, Kabul University Social Sciences Magazine, 1st edition, 1374, (36 pages)
  38.  Wife’s rights over her Husband, a publication for promotion to Pohandowy rank, Kabul University, 1374, (… Pages)
  39. Relative and Causative Prohibitions, the Supreme Court Publication Organ, editions (1-2), 1374, (34 pages)
  40. Foster Prohibitions, Muajal-e-Qaza (Judicial Magazine), the Supreme Court Publication Organ, editions (3-4), 1374, (19 pages)
  41. Methods for Interpreting Civil Laws (Literary and Logical Interpretation of Civil Laws), 1st part, Law and Society Magazine, 2nd edition, 1373, (6 pages)
  42. Methods of Interpretation of Civil Laws (Historic and Broad Interpretation of Civil Laws), 2nd Part, Law and Society Magazine, edition (3-4), 1373, (9 pages)
  43. Time based implementation of law, a publication for promotion to Pohanmal rank, 1369, (150 pages)
  44.  Ali Sher Nawaee Social-Political Magazine, brother ethnic groups magazine, 1364, (in Uzbek language)
  45.  Master’s Thesis, A System and Basic Principles of Civil Law of DRA, 1983 (1362)    

Tours and Participations in Seminars

  • Participation in the workshop on drafting anti-terrorism funding law, held in Vienna, Austria
  • Participation as member of high ranked government delegations to Brussel, Belgium
  • Member of the 11 Scientific Cadres of Faculty of Law and Political Sciences to visit 11th   Southern Paris University, France, 2006
  • Participation seminar on Senior Leadership held in Berlin, Germany in late 2006
  • Participation in the seminar on combating violence against women held in Manila, Philippines, in 2007
  • Participation as a member of high ranked government delegations in Room Conference, Italy
  • Participation in the workshop on “combating kidnapping and human trafficking”, held in Bali, Indonesia
  • Participation in the workshop on “Informal Justice and Legal Pluralism” held in Washington DC, United States of America
  • Study Tour to Islamic Republic of Egypt
  • Participation in Bali Process held in Perth, Australia
  • Capacity Building Seminar held for MoJ staff at Intercontinental Hotel
  • Peace and Human Rights Workshops held in Kabul Sayed Jamal Uddin University Hall
  • Visited Indonesia Constitution Court on February 22-28, 2012
  • Attended in an International Conference held on the occasion of 20th anniversary of the ratification of the Constitution of Turkmenistan and historical experience of stable government held in Ashgabat on May 18 - 19 2012
  • Visited Turkey Republic Constitution Court on May  20-27, 2012
  • Attended in an International Conference on the 18th  anniversary of the constitution ratification of Kazakhstan held in Astana capital of Kazakhstan on August 28- September  2, 2013

 

Pohanwal Adalat Khawah is married and has three sons and two daughters.