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• Acknowledgement
• Preface Introduction Broader theoretical landscape and the case of Afghanistan Overview of the book's organization and summary of its argument Methodology and Definitions Grounded Theory Sampling and Data Collection Definitions 1. Background on the Economy and the Problems of Credit Transacting in Afghanistan A General Picture of Afghanistan's Economy under the Islamic Republic Main Types of Actors in Afghanistan's Credit Economy An Analysis of Businesses in Afghanistan Business Registry Data on Business Registry and Initial Capital Investment in Five Major Provinces The Business Survey Data on Business Establishments in Afghanistan An Overview of the Social Context of Afghanistan's Economy A Brief Overview of Institutional Context of Afghanistan's Economy Fundamental Problems of Credit Transactions in Afghanistan Afghanistan Has a Volatile Business Climate Formal Property Rights in Afghanistan Formal Commercial Dispute Resolution in Afghanistan 2. Informal Financial and Dispute Resolution Institutions in Afghanistan Supply Chains and Trade Credit Market Competition and Provision of Trade Credit Weekly Payment System (Ugraee) How Businesses Come to Trust Credit Sales in Afghanistan Trade Credit versus Bank Loans Sources of Initial Capital to Start a Business Prevailing Institutions in Afghanistan Disincentivize Destructive Innovation and Creative Destruction Agency Costs Limit Business Expansion Family Businesses in Afghanistan Trade Credit from Suppliers Located Outside Afghanistan Is the Solution Curbing Credit Sales? Sarrafs and Sarrafi Markets Deposit-keeping Domestic Money Transfer (Hawala) International Money Transfer (Hawala) Currency Exchange Speculative Trade in Currencies (Sita) and Public Auctions (Booli) Sarraf's Checks Short-Term Working Capital Loans Medium and Long-Term Sarrafi Loans Equity Financing The Case of Balkh's Sarrafi Market Religious Prohibition of Interest and Access to Finance Regional Variations within Sarrafi Markets Gerawee Size of Gerawee Market Gerawee and its variations Important Characteristics of the Gerawee Market Bay' al-Wafa: Sale with a Right of Repurchase Gerawee in Fatwas issued by the Afghan Muftis Status of Gerawee under Afghan Civil Code of 1977 Gerawee cases before Afghan Courts Sar qufli What is Sar qufli? Recognition of Sar qufli by Commercial Courts The Contrast between Judicial Treatment of Sar qufli and Gerawee Informal Dispute Resolution Institutions in Afghanistan: Who Uses Them and Why? Afghan Merchants Prefer Informal Dispute Resolution Institutions Who Uses Formal and Informal Dispute Resolution Institutions in Afghanistan Why Merchants Use Informal Dispute Resolution Variation in the Effectiveness of Informal Dispute Resolution Institutions Informal Dispute Resolution and Pashtun Culture The Use of Force to Resolve a Commercial Dispute 3. Afghanistan's Formal Financial Institutions Formal Financial Intermediaries in Afghanistan: Are Sarrafs Included? Formal Regulations of Sarrafs What Is Wrong with the Sarrafi Regulation? Banks in Afghanistan Trust in Banks Banks' Total Assets Banks' Total Deposits Banks' Loans Government Strategic Policies Aimed to Improve Access to Credit during the Islamic Republic Afghanistan National Peace and Development Framework (2017-2021) Ministry of Economics' Afghan Government Economic Plan (National Economic Plan) (2013) Ministry of Commerce and Industries Strategic Plan (Commerce Strategy) (2016-2020) Afghanistan Central Bank Strategic Plan (Banking Strategy) (2017-2021) Ministry of Justice Strategic Plan (Justice Strategic Plan) (2014-2018) Analysis of Afghan Government Strategic Policies 4. A Critique of the Approach to Institutional Reform in Afghanistan, and a Proposal for a New Approach: Grounded Institutional Reform Grounded Institutional Reform: A Revised Approach for the Countries with Poor Infrastructure, Limited Market Expansion Opportunities, and a Willing Government Rationales for Anti-Informal Institutions Positions: The Problems of Formalizing Informal Institutions in Afghanistan Theoretical Underpinning of Anti-Informal Institutions in Afghanistan Practical Problems of Absorbing Informal Institutions in Afghanistan What Would Reforms Based on Grounded Institutional Reform Look Like in Afghanistan? Conclusions and Recommendations Bibliography Appendix I Appendix II.
• (source: Nielsen Book Data)

Taliban's return to power in August of 2021 caused everyone to ask why the two decades of institution building in Afghanistan failed. This book investigates the root causes of failed reforms in an important area of reform: trade and credit institutions. It explains why the efforts to reform and regulate the economic institutions in Afghanistan failed and what we can learn from their failure. It draws on more than eighty interviews with Afghan merchants, business leaders, money dealers, and government officials in five major provinces of Afghanistan to identify the barriers to access to credit and to understand the performance of formal institutions (banks) and their informal counterparts. This book finds that Afghan merchants were often unable to benefit from the offerings of formal institutions for three reasons: a highly volatile business climate, uncertain contract enforcement, and an unsupportive property rights system. Several informal institutions have emerged that alleviate some of the credit constraints on Afghan merchants. These informal institutions include risk-sharing trade credit operations, money dealers' short-term working capital loans, Gerawee, and Sar qufli. Although these informal institutions have helped Afghan merchants survive, they are unable to support economic growth. This book argues that countries like Afghanistan should solve their institutional dilemma by adopting an approach which the author calls "Grounded Institutional Reform." Using this approach, a country would formalize existing informal institutions, a development that would vastly increase their effectiveness. While this book focuses on credit and trade in Afghanistan, the analysis of "formalizing the informal" can easily be extended to solve other types of economic problems in similarly situated countries. This book should be of great interest to scholars, policymakers, and development workers in the field of law, finance, and development.
(source: Nielsen Book Data)

• The Legal Framework.- Legal Pluralism in Afghanistan.-Analysis of Article 130 of the Afghan Constitution.- Implementing Article 130 in Practice: Norms and Standards.- Case Study.- Dog Meat Case.- Donkey Skin Cases.- Summary and Overview, Findings, Recommendations, Conclusions.
• (source: Nielsen Book Data)

For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.
(source: Nielsen Book Data)

• Introducion: Une approche sociologique du droit en guerre civile
• Incarner l'État Genèse des Taliban et rapport au droit
• Les transformations des structures sociales dans la guerre
• Le système judiciaire du régime, une chambre d'enregistrement des rapports de force
• Réinvention du la tribu et contournement du système judiciaire
• Un système bureaucratique
• La double appartenance des juges
• Les jugements
• Les juges, un instrument de centralisation
• La légitimation par le droit
• Le projet de société
• Conclusion: L'internationalisation du droit en guerre civile

"Et si les Taliban, aux capacités militaires et technologiques bien inférieures à celles des armées occidentales, avaient gagné la guerre par le droit ? Tandis que ta coalition internationale a mis sur pied un système juridique inadapté et miné par la corruption, les Taliban ont installé des centaines de tribunaux dans les campagnes : en insistant sur le respect des procédures, l'impartialité des juges et l'application des verdicts, ce système de justice s'est imposé comme une des rares sources de prévisibilité dans le quotidien des Afghans. "Le tribunal des Taliban est pour tous, mais le tribunal du gouvernement est seulement pour les gens riches", confie un habitant de la province du Wardak. De quelles manières les Taliban ont-ils gagné la confiance de la population? Comment sont-ils parvenus à se mettre en position de réguler les rapports sociaux? Et avec quelles conséquences pour la société afghane ?00Nourrie par un travail de terrain au long cours dans différentes provinces en Afghanistan, cette enquête offre de nouvelles perspectives sur un pays en guerre depuis quatre décennies et propose une réflexion novatrice sur la place du droit dans les guerres civiles"-- Back cover

• Introduction
• Historical background of administrative law in the Afghan legal system
• The concepts of judicial control of public administration and the legal culture of Afghanistan
• The current system of control of public administration in Afghanistan
• Conditions for an effective judicial control in Afghanistan

• Introduction
• Judicial independence under international standards, Islamic principles and the Afghan legal tradition
• Institutional independence
• Individual independence
• Concluding remarks

• 1. Introduction
• 2. A theory of property rights
• 3. Property rights and state building
• 4. Property rights and war
• 5. Self-governance of property rights
• 6. Self-governance, war, and the commons
• 7. Self-governance, legal titling, and the state
• 8. Are property rights a cause or consequence of political order?
• References.
• (source: Nielsen Book Data)

Although today's richest countries tend to have long histories of secure private property rights, legal-titling projects do little to improve the economic and political well-being of those in the developing world. This book employs a historical narrative based on secondary literature, fieldwork across thirty villages, and a nationally representative survey to explore how private property institutions develop, how they are maintained, and their relationship to the state and state-building within the context of Afghanistan. In this predominantly rural society, citizens cannot rely on the state to enforce their claims to ownership. Instead, they rely on community-based land registration, which has a long and stable history and is often more effective at protecting private property rights than state registration. In addition to contributing significantly to the literature on Afghanistan, this book makes a valuable contribution to the literature on property rights and state governance from the new institutional economics perspective.
(source: Nielsen Book Data)

• 1. Introduction
• 2. A theory of property rights
• 3. Property rights and state building
• 4. Property rights and war
• 5. Self-governance of property rights
• 6. Self-governance, war, and the commons
• 7. Self-governance, legal titling, and the state
• 8. Are property rights a cause or consequence of political order?
• References.
• (source: Nielsen Book Data)

Although today's richest countries tend to have long histories of secure private property rights, legal-titling projects do little to improve the economic and political well-being of those in the developing world. This book employs a historical narrative based on secondary literature, fieldwork across thirty villages, and a nationally representative survey to explore how private property institutions develop, how they are maintained, and their relationship to the state and state-building within the context of Afghanistan. In this predominantly rural society, citizens cannot rely on the state to enforce their claims to ownership. Instead, they rely on community-based land registration, which has a long and stable history and is often more effective at protecting private property rights than state registration. In addition to contributing significantly to the literature on Afghanistan, this book makes a valuable contribution to the literature on property rights and state governance from the new institutional economics perspective.
(source: Nielsen Book Data)

Tourism laws in Afghanistan

Legal articles on Afghan criminal law; Islamic criminal laws; and criminal laws in Iran

Introduction of Afghanistan's Judiciary

Criminal law for bribery, embezzlement and other corruption offenses in Afghanistan