A Comparative Study of the Role of the Judiciary in the Islamic Countries of Afghanistan, Egypt, Pakistan and Iran

Based on the theory of the separation of powers, the judiciary is considered a part of government’s three main sections with certain functions, but in some Islamic countries, more duties have been assigned to this power. The comparative study of this power in the Islamic countries of Iran, Afghanistan, Pakistan and Egypt can show its strengths and weaknesses and, therefore, propose an effective judicial power. The shortcomings in the Afghan judiciary power include the lack of some organizations such as the Administrative Violations Court and the National Inspectorate aa well as the absence of a supervisory organization in the judicial power. On the other hand, the task of interpreting the constitution and adjusting the laws with it is beyond the competence of this power. The Egyptian judiciary power has a systematic structure, and there are many institutions to oversee the judiciary power in this country, but its main challenge concerns its presidential affiliation. The main challenge for the Pakistani judiciary is the lack of independence; the president of the judiciary and the judges are all appointed by the president. The judiciary power in Iran has a systematic organization. It is independent, and one of its strengths is that it is supervised by a just and mujtahid jurisprudent.