This article is composed of three main sections. It begins with a short description of the meaning of shariah and fiqh in the context of Afghanistan, and a review of the historical path of shariah since the arrival of Islam until the era of constitutionalism in Afghanistan. The second section then focuses on the role of shariah in the judiciary after the first constitution was adopted in 1923 until the current constitution. This section reviews the role of shariah within a centralised judiciary and codified law system. The third and final section proceeds to explain the position of shariah in the current judicial system since the 2004 Constitution. It describes how the 2004 Constitution opened a space for the implementation of shariah. It also sheds light on the qualification and appointment of judges before providing a conclusion and policy recommendations.