Abstract
There are several important elements to be considered in examining the Afgan law and society. We must note that Afganistan is a dry land, that Islam is the state religion which most people of that country believe in, and that because of its strategic location several races have invaded it from both East and West over a long period of time. Its history is thus characterized as one of victory and defeat (rise and fall), with the result that its racial composition is complex.
Since Afganistan is a dry land, irrigation is indispensable, and the so-called irrigation process known as "Kalez irrigation" is the distinctive feature of dry land. Kalez can be described as an underground waterway. It requires proper techniques, labour and costs to construct the Kalez. Since the constructor rules the water, land possession is influenced by him, too. All these are influencing the social structure of the country.
Islam concepts permeate the entire structure of the country, thereby restricting law and society. The constitution and acts passed by the country are established in the name of Allah, and the customary law concerning irrigation is said to be in accord with the dogma of Islam.
Racial composition is complex, with each race having its own society. It would be inaccurate to state that national law in general prevails in Afganistan. an indication that "Zaisanku" is not the legal property of that town but the property of a new autonomous body of inhabitants, including commoners who have a right of common.
