Sharia and Legal Research General Directorate
Sharia and Legal Research General Directorate of Da Afghanistan Bank was established as General Counsel office in 2004 within the structure of Da Afghanistan Bank.
This department is responsible for drafting legislative documents of Da Afghanistan Bank and provides necessary consultations and guidance. Additionally, it leading and manages legal cases related to the interests of Da Afghanistan Bank.
In addition, the directorate is also responsible for amending and aligning the legislative documents of Da Afghanistan Bank with Sharia rules and other applicable laws of the country. It is also responds to the Sharia, legal and legislative needs of Da Afghanistan Bank and participates in joint meeting with other government agencies and international organizations (provided that such meetings address the Sharia and legal matter within the Bank’s scope of responsibilities).
Structure
Sharia and Legal Research General Directorate has a General Director and two (Sharia Research Deputy Director and Legal Research Deputy Director) each of them leads and manages the following departments according to the organizational structure.
- Sharia Research Section
The Sharia Research Section is responsible for the following duties and responsibilities:
1. Carrying out matters related to jurisprudential derivation (Takhrij al-Fiqhi), Sharia research, Sharia review, and issuing Sharia-based fatwas concerning banking laws and other relevant legislative documents, to ensure the compliance of the laws and legislative documents of Da Afghanistan Bank with the provisions of Sharia Law.
2. Conducting Sharia-bases research, reviewing financial and banking matters from a Sharia perspective, and preparing Sharia opinions on referred issues are among the core responsibilities of the Directorate.
3. Additionally, as deemed necessary participating in meetings with relevant departments within and outside Da Afghanistan Bank, to provide explanations and clarifications regarding jurisprudential derivation (Takhrij al- Fiqhi), Sharia-based research and issued Sharia opinions, also falls within the scope of its duties.
B. Laws and Regulations Drafting Section
The tasks and responsibility of the Laws and Regulation Drafting Section include the following:
1. Drafting and amending Da Afghanistan Bank's legislative documents under international standards, the requirements of the World Bank, and other national and international organizations, taking into account the time and circumstances.
2. Collecting the opinions and inputs of the Central Bank Directorates, relevant government institutions, private sector entities and international organizations regarding proposed amendment, modifications and additions to the laws and other legislative documents of Da Afghanistan Bank.
3. Coordinating between Da Afghanistan Bank and the Ministry of justice concerning laws related to the banking system laws and other legislative documents.
C. Legislative and Administrative Documents Consultation Section
The following tasks fall under the mandate of the Legislative and Administrative Documents Consultation Section:
- Providing legal advice and opinions on legal issues per the laws and other legislative documents of Da Afghanistan Bank upon request of the Supreme Council, the Executive Board, and relevant Directorates of Da Afghanistan Bank, as well as Commercial Banks, Money Service Providers and Money Exchangers.
- Leading and pursuing legal cases in which the interests of Da Afghanistan Bank are involved is among the responsibilities the duties of this section.
D. Contracts and Individual Issues Consultation Section
The contracts and Individual Issues Consultation Section is required to perform the following duties:
1. Reviewing, revising and providing legal opinions on contracts, agreements, and memorandums of understanding under relevant legislative provisions.
2. Drafting and preparing memorandums of understanding and agreements as directed by the senior authority or upon request from various Directorate of Da Afghanistan Bank.
E. Coordination of the Supreme Council Meetings
The Supreme Council Meeting Coordination Section is charged with carrying out the following duties:
1. Scheduling meeting dates as instructed by the esteemed authority, notifying Supreme Council members of the meeting dates, and issuing circulars to Da Afghanistan Bank Directorate to request agenda topics upon approval by the authority, the section prepares the meeting agenda and shares it with Council members.
2. Obtaining member signatures on the Council’s resolutions, distributing the approved resolutions to relevant Directorate within of Da Afghanistan Bank, and performing other related responsibilities as assigned.
F. Executive Section
The Executive Section’s mandate covers the following responsibilities:
1. Recording all documents sent by relevant Directorate of Da Afghanistan Bank or external organizations to the Sharia and Legal Research General Directorate in the Incoming Correspondence Registration book, scanning all incoming documents and upon the instruction of the Director General, sending them via the official email address to the relevant section.
2. Recording all documents issued by the Sharia and Legal Research General Directorate to other relevant departments in the outgoing correspondence register book, sending all outgoing correspondence via the official email address to the related section.
3. Registering all incoming and outgoing documents in the Electronic Archive System to ensure proper preservation and accessibility of records.