Afghanistan: Ruling by Decree

Within Taliban governance, the absence of a constitution or legal structure leaves Emir's decrees as the principal guiding force. However, these decrees often linger in the realm of aspiration, lacking the concrete mechanisms necessary for effective implementation. This policy brief looks at Taliban governance and the challenges posed by the reliance on moral guidance in navigating administrative and policy realms.

In the absence of a constitution or any other legal framework, the Taliban has mostly been
relying on the Emir’s decrees to guide administrative, policy, and other state issues. However,
even the Emir’s decrees have often been primarily aspirational and only contained implied orders;
this is due to the fact that they have often consisted of messaging akin to moral and behavioral
guidance. Moreover, the current Taliban regime, as it is operating, lacks a functional mechanism
to effectively translate the Emir’s decrees into institutional guidance, which would allow
for the implementation and enforcement of the decrees.