The Chief Justice of Afghanistan is the head of the Supreme Court of Afghanistan and the highest-ranking judicial official in the country. The chief justice presides over the Supreme Court, chairs its High Council, and is responsible for the administration of the entire Afghan judiciary, comprising the Supreme Court, thirty-four provincial courts of Appeal, and Primary Courts as well as ensuring uniform application of the law and representing the judicial branch before the other organs of the state. The current chief justice is Abdul Hakim Haqqani, a founding member of the Taliban, who assumed office on 15 August 2021. Previously the headed the judiciary of the Taliban's shadow government-in-exile (2016–2021).
Although the Afghan judiciary traces its origins to earlier state and constitutional reforms, a formally codified and constitutionally independent judicial system emerged under the 1964 constitution established during the reign of King Mohammed Zahir Shah. The constitution established the Supreme Court as the highest judicial authority of the state and formally recognized the judiciary as a separate branch of government. The office subsequently passed through the republican government of Mohammad Daoud Khan, the Soviet-backed state, the Mujahideen period, the first Taliban emirate, and two decades of the internationally recognised Islamic Republic, with the independence and scope of the position contracting or expanding according to each successive political order.
Origin and title
The office of chief justice of Afghanistan developed alongside the modern Afghan judiciary during the twentieth century, particularly following the establishment of centralized state judicial institutions under successive Afghan constitutions. Under the 2004 constitution, the chief justice served as the head of the Supreme Court, the highest judicial organ of the state.
The title suggests both civil and Islamic judicial traditions that have historically influenced the Afghan legal system. The office of chief justice combined administrative authority over the courts with religious and constitutional functions rooted in both state law and sharia.
Post-2021 developments
In August 2021, the Islamic Republic of Afghanistan collapsed following the withdrawal of foreign military forces and the subsequent Taliban takeover, which subsequently re-established the Islamic Emirate of Afghanistan. After returning to power, the Taliban abolished the constitution and legislation of the former republic while retaining and restructuring parts of the existing judicial system. and not hold membership in any political party during their tenure.
Tenure and removal
Under the Article 127 of the 2004 constitution, members of the Supreme Court, including the chief justice, serves a single non-renewable term of ten years. Article 127 provides that a member of the Supreme Court is removed only following trial and conviction for crimes related to official duties or serious offenses.
The provision is invoked in practice during a 2011 constitutional dispute, when the Wolesi Jirga voted to impeach six of the nine Supreme Court justices following the court's involvement in a special elections tribunal. While a two-thirds majority needed to vote in favour, the parliament was not articulated a recognised crime related to official duties as required by Article 127, rendering the attempt constitutionally questionable.
Emoluments
Under Article 126 of the 2004 constitution, members of the Supreme Court, including the chief justice, are entitled to a salary and associated benefits during their term of service, regulated by law and drawn from the judiciary's budget. The article further provides that a justice who had completed a full term is entitled to a lifetime pension, subject to the condition that the former officeholder did not subsequently accept state employment or hold political office; acceptance of either forfeited the pension entitlement. No equivalent provision applied to justices who resigned or were removed under Article 127 before completing their term.
Article 121 of the constitution empowered the Supreme Court to review the conformity of laws, legislative decrees, international treaties, and international conventions with the constitution and to interpret legal provisions in accordance with the law. the chief justice represents the judicial authority and directs the judicial and administrative activities of the Supreme Court. The officeholder presides over Supreme Court meetings, supervising court inspections, monitoring implementation of judicial decisions, overseeing expenditure of the judiciary's budget, and reports on judicial affairs to the president.
During the presidency of Hamid Karzai, the Supreme Court judges drew criticism for decisions widely perceived as favoring the executive branch, including the extension of presidential authority beyond constitutional limits and intervention in disputes involving parliament. Karzai arguably weakened judicial autonomy by appointing acting judicial officials outside ordinary constitutional procedures and by seeking influence over institutions responsible for constitutional oversight.
The Supreme Court, in particular chief justice, has also been a subject of scrutiny during the presidency of Ashraf Ghani. According to a 2019 report by The Diplomat, Ghani was accused of undermining judicial independence through politically motivated appointments, executive pressure on the courts, and the use of judicial institutions to reinforce presidential authority during constitutional and electoral disputes. The report also argues that the Supreme Court increasingly aligned itself with the executive branch in politically sensitive cases, contributing to declining public confidence in the neutrality of the judiciary.
Following the return of the Taliban in 2021, the judiciary established under the Islamic Emirate of Afghanistan has been criticized for its lack of judicial independence and the close affiliation of judges with the Taliban. According to reports published by the Federal Judicial Center on the post-2021 judicial system, several judges appointed under the new administration are either Taliban members or closely associated with the movement. Reports also suggest that judges serving under the new system are predominantly muftis, Islamic legal scholars authorized to issue fatwas on questions of Islamic law.
List of chief justices
<!-- Historical records for earlier periods of the Kingdom of Afghanistan prior to 1973 is not widely documented due to decades of conflict or limited archival preservation. -->
{| class="wikitable" style="text-align:center; width:100%;"
|-
! colspan="2" | Key
|-
| † || Died in office
|-
| ‡ || Resigned
|-
| || Approximate date
|}
{| class="wikitable sortable" style="width:100%; text-align:center; font-size:90%;"
|+ Chief justices of Afghanistan
|-
! scope="col" style="width:4%;" | No.
! scope="col" style="width:20%;" | Name
! scope="col" style="width:13%;" | Pashto / Dari
! scope="col" style="width:11%;" | Took office
! scope="col" style="width:11%;" | Left office
! scope="col" style="width:11%;" | Time in office
! scope="col" style="width:20%;" | Appointed by
! scope="col" style="width:10%;" | Notes
|-
! colspan="8" style="background:#FFCCCC; text-align:left;" | Democratic Republic of Afghanistan (1978–1992)
|-
| style="background:#FFCCCC;" | 1
| style="background:#FFCCCC; text-align:left;" | Nizamuddin Tahzib<br /><small>(1933/34 – 2016)</small>
| style="background:#FFCCCC;" | نظامالدین تهذیب
| style="background:#FFCCCC;" | 1979
| style="background:#FFCCCC;" | 1990
| style="background:#FFCCCC;" | 11 years
| style="background:#FFCCCC;" | Revolutionary Council
| style="background:#FFCCCC; text-align:left;" | Judiciary separated from the Ministry of Justice in 1358 SH (1979–80); Tahzib became head of the re-established Supreme Court.
|-
| style="background:#FFCCCC;" | 2
| style="background:#FFCCCC; text-align:left;" | Abdul Karim Shadan<br /><small>(died 1992)</small>
| style="background:#FFCCCC;" | عبدالکریم شادان
| style="background:#FFCCCC;" | 1986
| style="background:#FFCCCC;" | 1992
| style="background:#FFCCCC;" | 6 years
| style="background:#FFCCCC;" | Revolutionary Council / Mohammad Najibullah
| style="background:#FFCCCC; text-align:left;" | Succession from Tahzib; exact transition date uncertain.
|-
! colspan="8" style="background:#FFEBCD; text-align:left;" | Islamic State of Afghanistan (1992–1996)
|-
| style="background:#FFEBCD;" | 1
| style="background:#FFEBCD; text-align:left;" | Alhaj Abdul Satar Sanaie<br /><small></small>
| style="background:#FFEBCD;" | عبدالستار صنعتي
| style="background:#FFEBCD;" | 1992
| style="background:#FFEBCD;" | 1997
| style="background:#FFEBCD;" | 5 years
| style="background:#FFEBCD;" | President Burhanuddin Rabbani
| style="background:#FFEBCD; text-align:left;" | Succeeded by Noor Mohammad Saqib.
|-
! colspan="8" style="background:#D2B48C; text-align:left;" | First Islamic Emirate of Afghanistan (1996–2001)
|-
| style="background:#D2B48C;" | 1
| style="background:#D2B48C; text-align:left;" | Noor Mohammad Saqib<br /><small>(born )</small>
| style="background:#D2B48C;" | نور محمد ثاقب
| style="background:#D2B48C;" | 1996–1998
| style="background:#D2B48C;" | 2001
| style="background:#D2B48C;" | 3–5 years
| style="background:#D2B48C;" | Supreme Leader Mullah Omar
| style="background:#D2B48C; text-align:left;" | Former deputy chief justice who later headed the Taliban Supreme Court.
|-
! colspan="8" style="background:#C2D6A0; text-align:left;" | Taliban judiciary in exile (2001–2021)
|-
| style="background:#C2D6A0;" | —
| style="background:#C2D6A0; text-align:left;" | Hibatullah Akhundzada<br /><small>(born 1967)</small>
| style="background:#C2D6A0;" | هبتالله اخوندزاده
| style="background:#C2D6A0;" | 2001
| style="background:#C2D6A0;" | 25 May 2016
| style="background:#C2D6A0;" | 15 years
| style="background:#C2D6A0;" | Mullah Omar;<br />Akhtar Mansour
| style="background:#C2D6A0; text-align:left;" | Oversaw the Taliban's shadow judicial system before becoming supreme leader in 2016.
|-
| style="background:#C2D6A0;" | —
| style="background:#C2D6A0; text-align:left;" | Abdul Hakim Haqqani<br /><small>(born 1967)</small>
| style="background:#C2D6A0;" | عبدالحکیم حقاني
| style="background:#C2D6A0;" | 25 May 2016
| style="background:#C2D6A0;" | 15 August 2021
| style="background:#C2D6A0;" | 5 years, 83 days
| style="background:#C2D6A0;" | Supreme Leader Hibatullah Akhundzada
| style="background:#C2D6A0; text-align:left;" | Succeeded Akhundzada as head of the Taliban judiciary during the insurgency period.
|-
! colspan="8" style="background:#DDEEFF; text-align:left;" | Islamic Republic of Afghanistan (2002–2021)
|-
| style="background:#DDEEFF;" | 1
| style="background:#DDEEFF; text-align:left;" | Fazal Hadi Shinwari †<br /><small>(1927 – 2011)</small>
| style="background:#DDEEFF;" | فضل هادي شينواري
| style="background:#DDEEFF;" | 8 January 2002
| style="background:#DDEEFF;" | 5 August 2006
| style="background:#DDEEFF;" | 4 years, 210 days
| style="background:#DDEEFF;" | President Hamid Karzai
| style="background:#DDEEFF; text-align:left;" | Initially appointed during the Afghan Interim Administration and later reconfirmed by Karzai.
|-
| style="background:#DDEEFF;" | 2
| style="background:#DDEEFF; text-align:left;" | Abdul Salam Azimi ‡<br /><small>(1936 – 2026)</small>
| style="background:#DDEEFF;" | عبدالسلام عظیمي
| style="background:#DDEEFF;" | 5 August 2006
| style="background:#DDEEFF;" | 23 October 2014
| style="background:#DDEEFF;" | 8 years, 79 days
| style="background:#DDEEFF;" | President Hamid Karzai
| style="background:#DDEEFF; text-align:left;" | Served beyond his original constitutional term after extension by presidential decree.
|-
| style="background:#E8E8E8;" | —
| style="background:#E8E8E8; text-align:left;" | Abdul Rashid Rashid<br /><small>(born 1944)</small>
| style="background:#E8E8E8;" | عبدالرشید راشد
| style="background:#E8E8E8;" | 23 October 2014
| style="background:#E8E8E8;" | 27 July 2015
| style="background:#E8E8E8;" | 277 days
| style="background:#E8E8E8;" | President Ashraf Ghani
| style="background:#E8E8E8; text-align:left;" | Served in an acting capacity pending parliamentary confirmation of a permanent successor.
|-
| style="background:#DDEEFF;" | 3
| style="background:#DDEEFF; text-align:left;" | Sayed Yousuf Halim †<br /><small>(1959 – 2022)</small>
| style="background:#DDEEFF;" | سید یوسف حلیم
| style="background:#DDEEFF;" | 27 July 2015
| style="background:#DDEEFF;" | 15 August 2021
| style="background:#DDEEFF;" | 6 years, 19 days
| style="background:#DDEEFF;" | President Ashraf Ghani
| style="background:#DDEEFF; text-align:left;" | Last chief justice of the Islamic Republic before the Taliban takeover of Kabul.
|-
! colspan="8" style="background:#C49A6C; text-align:left;" | Second Islamic Emirate of Afghanistan (2021–present)
|-
| style="background:#C49A6C;" | 1
| style="background:#C49A6C; text-align:left;" | Abdul Hakim Haqqani<br /><small>(born 1967)</small>
| style="background:#C49A6C;" | شیخ عبدالحکیم حقاني
| style="background:#C49A6C;" | 15 August 2021
| style="background:#C49A6C;" | Incumbent
| style="background:#C49A6C;" | 4 years, 285 days
| style="background:#C49A6C;" | Supreme Leader Hibatullah Akhundzada
| style="background:#C49A6C; text-align:left;" | Formally confirmed as chief justice in October 2021 following approval by the Rehbari Shura (Leadership Council).