Judicial deputy of the Supreme Court Visits Takhar, Samangan, Faryab and Sar-e-Pul Provinces to Review and Improve Court Affairs

H.E. Sheikh Mohammad Qasim (Rasekh), Deputy Chief Justice of the Supreme Court, accompanied by H.E. Hafiz Mawlawi Abdul Wali (Mahmood), Deputy Director of the General Directorate of Judicial Inspection, and their accompanying delegation, visited the provinces of Takhar, Samangan, Faryab and Sar-e-Pul from 21 to 28 Dhul-Hijjah 1447 AH to review and evaluate the performance of the courts.
During the visit, the high-level delegation of the Supreme Court assessed the performance, attendance, and professional conduct of court personnel. The delegation also held separate meetings with the heads of the appellate courts, the Head of the Military Court, Heads of Appellate and Urban Primary Court Divisions, Heads of District Primary Courts, officials of Documents and Huqooq Departments, and all judicial members of the provincial and district courts.
H.E. Sheikh Mohammad Qasim (Rasekh) stated that the Islamic system is a great and valuable blessing, and that all of us must remain grateful to Allah Almighty for granting and establishing this system in our country. He emphasized that no excuse, obstacle, or justification should prevent the implementation of Islamic Sharia within an Islamic system.
The Deputy Chief Justice further stated that every position, whether large or small, is fundamentally a responsibility and a trust. Therefore, every official is obliged to pay serious attention to his duties and responsibilities and to carry out assigned tasks with precision, accountability, and dedication.
He added that the progress and success of any system depend upon coordination, unity, and piety. He therefore urged court officials and judicial members to maintain effective consultation and cooperation among themselves, obey lawful and legitimate instructions of their superiors, exercise greater care in issuing judicial decisions, and conduct comprehensive and accurate investigations to ensure the proper implementation of Islamic justice and prevent any form of undue influence or favoritism.
The Deputy Chief Justice further emphasized that, in order to prevent delays in case processing, court Muftis and judges should cooperate with judicial clerks in drafting decisions. He instructed judicial personnel to exercise particular care when dealing with confessions, ensuring that confessions are explicit, free from ambiguity, and legally sufficient to establish a ruling. Likewise, he stressed the importance of careful examination of testimony and oaths.
H.E. Sheikh Mohammad Qasim (Rasekh) added that one of the major causes of delays in judicial proceedings is the reversal of decisions issued by lower courts in higher courts. Therefore, judges should issue rulings only after thorough consideration, investigation, and careful review so that their decisions may be upheld by higher courts and unnecessary delays may be avoided. He also advised higher courts to review lower court decisions with a presumption toward affirmation whenever legally justified and, where reversal is necessary, to clearly state the legal grounds and reasoning for such decisions.
The Deputy Chief Justice also delivered the following guidance and recommendations to court officials and personnel:
1.    The rights of the public are entrusted to the courts, and the attention of both ordinary citizens and prominent members of society is directed toward them. If we fulfill our responsibilities properly, Allah Almighty will grant us honor; however, negligence and carelessness in carrying out our duties will render us accountable before Allah Almighty. We must appreciate this responsibility and remain grateful for the blessing of the Islamic system.
2.    Coordination, consultation, unity, and cooperation among officials and personnel are essential for the proper functioning of the judicial system and serve as a positive example of the Islamic system.
3.    Even a minor mistake in judicial proceedings can lead to serious consequences. Court officials must treat litigants properly, explain judicial responsibilities to them, and ensure that injustice does not occur.
4.    Judicial members must carefully study petitions, claims, responses to claims, and all related documents. Judges, Muftis, and judicial clerks should each fulfill their respective responsibilities diligently to ensure that no unjust judgment is issued and that no individual is punished without lawful grounds.
5.    The judiciary is one of the most important pillars of the Islamic system.
6.    There are no internal or external obstacles to the implementation of Islamic law.
7.    The courts are the primary institutions responsible for the application of Islamic legal principles.
8.    Responsibility is not a privilege but a trust. Positions of authority are obligations rather than entitlements, and duties must be performed sincerely and conscientiously.
9.    Judicial officials are among the most prominent members of society. People bring their disputes and concerns to the courts; therefore, officials must maintain exemplary conduct to preserve the reputation of the Islamic system.
10.    A judge should conduct himself in a manner that does not cause the oppressed to lose hope or encourage the oppressor. Claims and statements of litigants must be heard and examined carefully.
11.    Judges should not be overly concerned with material matters, as the salary provided by the Islamic Emirate is intended to meet their legitimate needs.
12.    Judicial officials should avoid accepting gifts and invitations from the public, as refraining from such matters is part of their professional responsibility.
13.    Courts should first determine whether a matter falls within their jurisdiction before proceeding. Where jurisdiction exists, thorough investigation should be conducted. Court Muftis should not rely solely on general legal principles but should carefully assess whether a confession, testimony, or oath is sufficient to establish a legal ruling and identify the relevant detailed jurisprudential basis.
14.    Strong coordination among judicial members is essential. Judicial matters should be discussed through consultation, without imposing opinions on others. Decisions should be issued in a manner that minimizes the likelihood of reversal by higher courts.
15.    Courts of appellate should review cases and judgments with a view toward affirmation whenever appropriate rather than focusing on reversal. If a judgment is reversed, the reasons for reversal should be clearly explained so that lower courts may benefit from the guidance provided.
16.    Courts must exercise great care when determining punishments, ensuring that penalties and discretionary punishments are proportionate to the offense committed. Excessive or inappropriate punishments are likely to be overturned by higher courts.
It is worth mentioning that the delegation also met with provincial governors and other Emirate officials in the aforementioned provinces, during which various issues were discussed and views were exchanged.