The Legal Conditioning of the Religious State in the International System - Afghanistan as a Model

Al-Hayali, Ahmed Faris Idris

doi:10.63677/jqlap.2025.166353.1472

The Legal Conditioning of the Religious State in the International System - Afghanistan as a Model

https://doi.org/10.63677/jqlap.2025.166353.1472

Volume 17, Issue: 1 part 2
Spring 2026

Pages 163-188

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Ahmed Faris Idris Al-Hayali

University of Mosul - College of Law

Abstract

A theocracy is a form of government in which the clergy hold supreme authority in managing the affairs of the state, including the enactment and enforcement of laws, whereby the will of the religious leader prevails over that of the people. Such a system raises concerns within the international community regarding its recognition as a state and its admission as a member of the international society, in addition to the religious, racial, and national problems it may generate both internally and externally. Nevertheless, a theocracy does not lack the three constituent elements of statehood—territory, population, and governing authority—and it enjoys international legal personality together with the rights and obligations arising therefrom. This gives rise to the central question of determining the status of a theocracy under international law: does it acquire statehood merely by fulfilling these elements, or only upon receiving recognition? Some scholars argue that, in the absence of recognition, statehood cannot be deemed complete, and consequently such an entity would lack a defined status under international law due to its inability to engage in political relations.