From No Good Men Among the Living: America, the Taliban, and the War through Afghan Eyes, by Anand Gopal (Henry Holt, 2014), Kindle pp. 79-80:
Most writing on the Taliban assumes that they originated in extremist Pakistani madrassas in the 1980s. In fact, the group’s origins lie much deeper in the Afghan past. Visiting Paktika in 2010, I came upon a small hilltop village where locals had gathered around a silent, downcast man. Nearby, a young herder paced back and forth, watching him intently, and, off to a side, tribal graybeards stood conferring. One of them approached, pushing his way through the scrum, and announced a verdict: for killing Rahim Gul’s cow, Moheb Jan was to pay him two sheep and twenty days’ worth of labor. Afterward, I sat down with the elder, who explained that each transgression in his community carried a fixed fine. Break someone’s nose in a fight, and you gave him a chicken. Break a bone, and you surrendered a sheep or goat. Murder, depending on the circumstances, could cost you a piece of land, your house, or even one of your women, who would go to the victim’s family in marriage.
This was how the hillspeople had learned to live with each other in a world without a state or police or judicial system. Each tribe had its own set of intricate rules, decided by elders elected by the clan’s entire male population. The elders derived their status from experience and the respect traditionally accorded to the aged. No man, however, outranked another in rights, and it was rare for one family to possess significantly more than any other. For men, at least, a deep egalitarian ethos ran through the tribal system.
For a long time, most of the Pashtun belt had functioned this way. Eventually, however, when some tribes moved down from the mountains into agricultural settlements, certain enterprising individuals developed ties with distant state authorities, and soon hierarchies sprang up. In eighteenth-century Kandahar, for example, the Safavid Empire of Persia had established suzerainty, incorporating tribal figures of their liking into their military or using them as intermediaries in dealing with the native population. The egalitarian system of the mountains slowly gave way to one dominated by tribal strongmen, and decisions were increasingly made not through traditional tribal law but on the whims and biases of a small clique of notables. It was not long before Kandahari tribes were the most thoroughly hierarchical in the country.
As a consequence, a different form of justice grew in popularity as an alternative to the tribal system: religious law, or sharia. Like tribal law, religious law expressed itself in a detailed set of punishments and restitutions for particular crimes. Its main practitioners were mullahs, who led Friday sermons and could adjudicate disputes. To become a mullah, you studied for up to twelve years in a madrassa, where you learned the intricacies of Islamic law, along with history, philosophy, and logic. In Pashto, such students were called taliban. Because a mullah was guaranteed employment for life, this was a course of study particularly well suited to those from the humblest backgrounds. It was in greater Kandahar, where tribal structures were the weakest, that the taliban were most fully integrated into social life.