Biography of the Supreme Court Current Members


 

Biography of Dr. Abdul Malik Kamawi

Member of the Supreme Court

And public security chief of Supreme Court .

 

Dr. Abdul Malik Kamawi s/o Maulawi Abdul Ali Kamawi s/o the renowned scholar Maulawi Ghulam Nabi Kamawy was born in 1968 in Kama district of Nangarhar province in an academic and religious family. 

Mr. Kamawy completed his higher education in Law and Jurisprudence in Sharia faculty of Dawat-o-Jihad University in Pakistan. After that, he went to Al Azhar University and got his Masters and PhD in Law and Jurisprudence from the Sharia faculty of Al Azhar University in Cairo, Egypt. Upon the establishment of the interim government based on the request of the Ministry of Justice he was appointed as the adviser for the Minister of Justice and has worked as the deputy secretary of the constitution commission and legal adviser for the chairman of the constitution Loya Jirga (grand council).

He was appointed as a legal adviser for the Joint Election Commission and in charge of the office for the candidates of the presidential election. In 2004, he was appointed as the General Administration Director of the Judiciary. He is a member of high council of the Supreme Court and holds judicial cadre grade of “Qazawatpoh”.

In the year of (1391) (2012) the president office proposed as a member of high council Then he received vote of confidence from the parliament and appointed as a chief of public security department of Supreme Court .

Dr. Kamawi is author of more than 15 academic works in different legal and jurisprudence fields, which are as follow:  

  1. Rejection and its effects in transactions.  
  2. Responsibility resulting from a contract in civil cases.  
  3. Mozarebat (Business in Islamic context) and its implementation in Islamic Banking.  
  4. Contemporary applications of Aqad-e-Salam
  5. Islamic principles of Baye Taqseet (payments in installments).  
  6. Ijtihad from the Islamic point of view.
  7. Mortgage contract.
  8. Afghanistan Private International Law. 

Furthermore, he has compiled many more legal and academic articles most of which have been published in journals inside and outside the country.

Dr. Kamawi has also taken part in writing of books under the topic of “Activities and Achievements of the Judiciary during the Five Years”, “Administrative Reforms and Anti Corruption in the Judiciary” and “A Look at the Judicial Cooperation between Egypt and Afghanistan”. Dr. Kamawy has participated in more than ten international conferences in Germany, Holland, Turkmenistan, France, Spain, Italy, Ireland and Egypt and he can write and speak Dari, Pashto, Arabic and English.  


Qazawatwal Barat Ali “Mateen”

Member of Supreme Court High Council

Islamic Republic of Afghanistan

 

Qazawatwal Barat Ali “Mateen” son of Jan Ali grandson of Ali Ahmad, born in Srkh Deh of Kakrak of Jaghtawi District of Ghazni Province in a farmer family in 1959. His native language is Dari. He can speak Pashto and Arabic and he has a good knowledge of English. He doesn’t have membership of any party or politic organization.

He studied primary school in Kakrak Primary School, secondary and high school in Rohul Madaris “Rohani Islamic Studies School” in Gardiz of Paktia Province. Secondary and high school that began from 5th grade include modern and sharia studies subjects such as science, sociologies, languages, Feqh (Islamic jurisdiction) and principles of Feqh, Hadith and principle of Hadith, Holy Quran interpretation and principle of interpretation, theology and logics. He held the first position in secondary and high school and graduated as top scorer of the school.

He attended Sharia Faculty of Kabul University after passing the university entrance test in 1980 and graduated with top score from Sharia Faculty in 1984 and assigned in secretariat of Supreme Court as employee officially.

He always attended actively in academic and research conferences in high school and later in university and received appreciation letters from the conferences. He likes to read books and have academic discussions. He knows heritage law.

After completion of military service, and graduating from judicial stage with top grade and becoming judicial specialized (Munsalik), he worked in different primary and appellate courts in penal, civil, public rights and personal affairs.

In many stage periods, he has been serving as instructor of penal code in judicial education center of Supreme Court. He had been a judicial advisor for civil cases and public rights in Supreme Court since 2006. He attended a one-year law and judicial course in international development law organization (IDLO) and received a certificate during his official duty. He actively participated as one of the authors in drafting and compiling the cycle of 3-volume book on law of obligations that was authorized by judicial high committee of Supreme Court with a group of lawyers of the country which was required to be published for the directorate of judicial education. He had an active role in many legal-judicial seminars of Supreme Court, in simplification process of judicial procedures and in academic-legal conferences.

His participation and attendance in academic-research affairs during official duty are as follow:

  • Member of simplification of judicial procedures
  • Member of national board for defending the rights and intellectual properties.
  • Member of drafting and compiling of 3-volume cycle of law of obligation
  • Member of drafting new plans for principles of civil law procedures
  • Member of courts’ bulletin at supreme court
  • Member of the appraisal and promotions of the judicial cadre
  • Member and Secretary of Committee of Civil High Seminars of Courts’ Heads in 2007.
  • Member and secretary of national judicial conference of civil and law commission in 2011.
  • Civil Law Instructor at Judicial Education Center of Supreme Court.

Qazawatwal Mateen recently got 154 votes based on confirmation of parliament and degree no. (76) Dated October 3, 2013 of president of Islamic republic of Afghanistan assigned as member of high council of the Supreme Court.


 

Pohandowy Abdulqader Adalatkhwah

Member of Supreme Court High Council

 

Pohandowy 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, PohandoyAdalatkhah 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, PohandoyAdalatkhah 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 Pohandoy Abdulqader “Adalatkhah” 

 

  1. Study of women role in the family and society, Kabul University Scientific  Magazine, 3rdedition, 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, 1stedition 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 37theditions, 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), 1stpart, 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

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


 

Short Biography of Qazawatmal Abdul <Haseeb Ahadi>

Member of Supreme Court High Council

Qazawatmal Abdul Haseeb <Ahadi> son of Abdul Ahad, born on 1348 in Kabul and graduated from Emam Abo-Hanifa High Madrasa (PBUH). He holds a bachelor degree from Law and Jurisprudence Department of Sharia faculty of Kabul University and is a graduate of Judicial Setaj, IDLO Judicial Course and CEDAW Judicial Course.

 

Work Experience:

  1. From 1393 until now, Head of SC High Council Secretariat
  2. From 1391 until 1393, Head of Wardak Appelate Court, Judicial member of Kabul Bank Appellate Court, Professor of Suits of Proof in civil and penal code claims in Judicial SetageCourse and trainer of Evidence of Proof subject in penal cases in Judges Capacity Building Workshop.
  3. In 1390, acting Director in Public Security Divan of Kabul Appellate Court.
  4. From 1388 to 1390, counselor in Public Security Divan of Supreme Court.
  5. In 1387, Director of Primary Court of Paghman district of Kabul.
  6. In 1386, member of civil divan of third area Primary Court of Kabul.
  7. In 1385, Head of 6th area’s court of Kabul.
  8. From 1379 until 1384, as judicial member in Wardak, 4th area, 8th area, 10th area and 3rdarea primary courts as well as judicial member in Public Security Divan of Kabul Appellate Court.
  9. In 1387, Registration Officer of documents and trademarks in Samangan Appellate Court.
  10. In 1377, judicial member of civil and public rights divan of Samangan Appellate Court.
  11. In 1376, judicial statistics professional member of Supreme Court’s Refine and Studies Department.
  12. From 1374 until 1375, Setager of 19th round of Setage course, and Scrivener and Shakardara Court of Kabul.
  13. From 1369 until 1373 Scrivener at 1st area court and Scrivener of Shakardara Court of Kbul.
  14. Official trips to foreign countries:
  15. Participated in Counter-terrorism workshop in Utrish and Romania, participated in judicial capacity building workshop in Egypt, visited South Korean courts and exchanged experiences about Afghanistan and South Korea judicial systems.

Awards:

Received second rank certificate for three times, received third rank certificate once along with a letter of appreciation from Supreme Court of Islamic Republic of Afghanistan.


 

Esteemed Qazawatpal Mohammad Zaman Sangari

Member of High Council of Supreme Court

 

Esteemed Qazawatpal Mohammad Zaman Sangari who gained membership of High Council of Supreme Court following presidential decree no. 52 dated June 28, 2016 and receiving vote of confedence of the Lower House (Wolesi Jirga), introduced to his office by Qanoonpoh Sayed Yousuf Halim head and member of the Supreme Court High Council.

 

In the event arranged on this occasion on July 3, 2016 in the building of Supreme Court, first some verses of Holy Quran were recited, then the presidential decree was read and later Qanoonpoh Sayed Yousuf Halim head of Supreme Court talked about the bright work background  of of Mr. Sangari, adding that the Supreme Court given the new cadre policy in appointing judiciary cadres taking all the necessary conditions in mind such as experience, specialty, commitment, loyalty and accountability. With respect to all the existing criterias, we have recognized Mr. Sangari suitable as member of High Council of Supreme Court and fortunately the selection was welcomed by the President, Executive Office, as well as Lower House and the National Assembly and I thank the credence of the mentioned authorities and wish Mr. Sangari success on his duties.

 

Later, Qazawatpal Mohammad Zaman Sangari member of High Concil of Supreme Court had a brief speech, saying: “I realize the pressure of judiciary duty and the responisbility of the position as member of High Council of Supreme Court and also thank the confidence of President’s Office, Executive Office, Supreme Court and Lower House of National Assembly. As I mentioned during the adjuration ceremony in presence of Mr. President, once again I repeat that I will perform my duties towards the rule of law and securing judicial justice in coordination with Supreme Court’s High Council and will do my best to defend the rights of my people.”

 

At the end, his Excellency Head of Supreme Court along with other members of High Council, Directors of Central Administrations and Judiciary Counselors accompanied esteemed Qazawatpal Mohammad Zaman Sangari to his office and wished him success.

 

Biography of Mr. Sangari:

Esteemed Mohammad Zaman Sangari s/o Sangar Khan was born in 1954 in Sarkani district of Kunar province. He completed his higher education in Juresprodence and Law field in 1979 from Sharia Department of Kabul University and then started his justice career after completing Judiciary Stage Course in 1983.

 

Esteemed Sangari has been working as a Judge of Kabul Regional Courts, Criminal Division Head and Deputy of Kabul province Head of Courts, Counselor of Civil Division and Public Rights and Counselor of General Criminal Division of Supreme Court and recently as Head of Counter-Narcotics Primary Court and now as the member of High Council of Supreme Court.

 

Mr. Sangari has had several trips to USA, England, Egypt, India and Turkey to participate in Judicial Conferences and Seminars. He can speak Dari, Pashto and is familiar with Arabic and English languages as well.