Divorce proceedings bring out the worst in people. When Abdul Rahman tried to get custody of his daughters in Kabul, Afghanistan, his wife's family told the court that he was unfit to care for his children because he had converted from Islam to Christianity some 16 years ago. A zealous prosecutor, hearing of the case, charged Mr. Rahman with apostasy, a crime punishable by death under some interpretations of Islamic law. If Mr. Rahman does not repudiate Christianity, the judge in the case has said, he will get the death penalty.

Mr. Rahman's case is a discouraging illustration of the uneasy balance between the democratic norms Afghanistan's Constitution enshrines and the conservative Islamic values its judiciary upholds. On the one hand, the Afghan Constitution states that "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law," and it requires the state to adhere to the Universal Declaration of Human Rights, which clearly protects freedom of conscience and the right to change one's religion.

On the other hand, the Constitution also says that no law can be "contrary to the beliefs and provisions of Islam," and it gives judges broad power to interpret and apply Islamic law. Several schools of Islam do indeed prescribe the ultimate punishment for those who abandon the faith. And so Mr. Rahman's case may well come down to the interpretive leanings of the court.

Moderate Islamic jurists in some countries have attempted to balance or reconcile these often-conflicting interests. In Egypt, for instance, the Islamic Research Center decreed that although apostasy may be a crime, the time period for redemption is limitless - in other words, it is up to the individual, not the state, to adhere to divine will. The former chief justice of Pakistan, which has explicit anti-blasphemy laws, has written that the death penalty for apostasy is not required by the Koran and conflicts with other Islamic values.

Afghanistan's post-Taliban judiciary, however, has shown a propensity to use Islam as a political weapon. The country's chief justice, Fazil Hadi Shinwari, is a hard-line conservative associated with the Islamist parties of Abdul Rasul Sayyaf and Burhanuddin Rabbani. He has used the court as a bully-pulpit, issuing fatwas on a variety of issues outside his jurisdiction.

For instance, under Justice Shinwari's leadership the Supreme Court has variously attempted to ban co-education; tried to eliminate a rival to President Hamid Karzai from the 2004 elections; and jailed newspaper editors, all in the name of Islam.

In other words, the court has overstepped its bounds and contributed to the radicalization of Afghan politics in the process. To further his aims, Justice Shinwari has packed the lower courts with judges who have Islamic educations but no foundation in Afghan law or experience in the judiciary.

President Karzai has a unique opportunity to change this. Under the Constitution, Mr. Karzai must appoint a new Supreme Court this month, and he sent his slate of nine justices to Parliament for approval last week. Although the current chief justice has retained his position, there are some very promising choices among the eight other justices. They include known moderates, like the former chairman of the Judicial Reform Commission, Bahauddin Baha, and the deputy minister of justice, Qasim Hashimzai, who led a major corruption investigation involving members of President Karzai's cabinet.

These appointments mark President Karzai's first opportunity to compose Afghanistan's Supreme Court under a fully constitutional government. They are of momentous importance to the country's stabilization and the consolidation of its nascent democracy.

By creating a competent, professional and moderate judiciary, President Karzai will help to establish the rule of law. If, however, the court remains in the thrall of ideology and factionalism, Afghanistan's experiment in democracy will be compromised.

But the new judges will be powerless to reform the system unless they are given the political support and resources to do so. International involvement in Afghanistan's justice sector since 2001 has been inadequate. Both the Afghan government and its donors need a strategic vision for the judiciary's future and the political focus to make it a reality.

The new judiciary will need support to review the qualifications of the lower court judges, facilities to train new judges and functioning courthouses in the provinces. It will need to be able to share information, laws and legal decisions among officials throughout the country and to pay judges a living wage.

We must do more than simply react loudly to the most extreme cases, like that of Mr. Rahman. Instead, we must partner with the Afghans and other democratic governments in the Islamic world as they struggle to promote modernity and the rule of law. This means working with judicial systems on less controversial, bread-and-butter issues like criminal law and property disputes.

We have seen throughout the world, and in our own history, that competent and independent judges will stand up for the rule of law even when their decisions indict the powerful and defend the unpopular. Mr. Rahman's case should remind us of how important it is to help Afghanistan develop such judges if we want its democracy to succeed.

It remains painfully true, more than three years after Sept. 11, that even highly educated Americans know little about the Arab Middle East. And it is embarrassing how little our universities have changed to educate our nation and train experts on the wider Middle East.

For believers in a good liberal arts education, it has long been a source of consternation that faculties in political science, history, economics and sociology lack scholars who know Arabic or Persian and understand Islam. Since Sept. 11 it has become clear that this abdication of responsibility is more than an educational problem: It also poses a threat to our national security.

The case for bolstering faculty and curriculum resources devoted to the Muslim Middle East is, of course, obvious from an educational perspective. The region is vast. Islam represents one of the world's great religions and provides not only an intellectual feast for comparative study in the social sciences and humanities but also an indispensable comparison and contrast for more familiar religions and ways of life. Particularly in the era of globalization and the information revolution, there is little excuse for universities' continuing to betray the liberal ideal of educating students in the ways of all people.

Our national security interest in this area should also be obvious. As in the Cold War, the war against Islamic extremism will not be won in months or years but in decades. And as in the Cold War, the non-military components of the war will play a crucial role.

President Bush describes Afghanistan, the first front on the war on terrorism, as a success. In comparison to Iraq, perhaps it is. But if you look at Afghanistan on its own merits, the lack of progress is disheartening. In 2002, President Bush promised a "Marshall Plan" for the country, with the goal of turning Afghanistan into a stable, democratic state. On Tuesday, before the United Nations General Assembly, the president said that "the Afghan people are on the path to democracy and freedom." Yet in nearly three years we have failed to create security, stability, prosperity or the rule of law in Afghanistan.

These failings are not just a reflection of the great difficulties of nation-building in places like Afghanistan, they are also the direct result of the Bush administration's policy decisions. Our efforts in Afghanistan are underfinanced and undermanned, and our attention is waning.

The root of the problem is that we invaded Afghanistan to destroy something - the Taliban and Al Qaeda - but we didn't think much about what would grow in its place. While we focused on fighting the terrorists (and even there our effectiveness has been questionable), Afghanistan has become a collection of warlord-run fiefs fueled by a multibillion-dollar opium economy. We armed and financed warlord armies with records of drug-running and human rights abuses stretching back two decades. Then we blocked the expansion of an international security force meant to rein in the militias. These decisions were made for short-term battlefield gain - with disregard for the long-term implications for the mission there.

Our Army continues to hunt insurgents in the mountains, but we have refused to take the steps necessary to secure the rest of the country, and it shows. More coalition and Afghan government soldiers and aid workers have died this year than in each of the previous two. This summer, Doctors Without Borders, which has worked in the most desperate and dangerous conditions around the world, pulled out of Afghanistan after 24 years. In other words, the group felt safer in Afghanistan during the Soviet occupation and the civil war that followed than it did three years after the United States-led coalition toppled the Taliban.

Last month, after a United Nations-backed voter registration office was bombed, the vice president of the United Nations Staff Union urged Secretary General Kofi Annan to pull employees out of Afghanistan. The opium trade is also out of control, fueling lawlessness and financing terrorists. Last year, the trade brought in $2.3 billion; this year, opium production is expected to increase 50 to 100 percent.

Amid terrorist attacks and fighting among regional warlords, the country is preparing for presidential elections on Oct. 9. A recent United Nations report warned that warlords were intimidating voters and candidates. This month, the Organization for Security and Cooperation in Europe, which has monitored post-conflict elections in trouble spots like Bosnia and Kosovo, declared that Afghanistan was too dangerous for its election monitors (it is sending a small "election support team'' instead). President Hamid Karzai narrowly escaped assassination last week on his first campaign trip outside Kabul, and eight other presidential candidates have called for elections to be delayed, saying it's been too dangerous for them to campaign.

Many of these problems flow from early mistakes. Rather than moving quickly to establish security and then gradually turning over control to a legitimate domestic authority, we have done the opposite. As fighting among warlord militias in the countryside intensifies, we are slowly expanding our presence and being dragged into conflicts. The American "advisers" in Afghan Army units, the ubiquitous heavily armed "private" security forces and the fortress-like American Embassy are garnering comparisons to the day of the Soviets.

In Kabul, the effort to build a stable, capable government has also lagged dangerously. President Karzai has begun to show great fortitude in challenging warlords. But his factious cabinet, born of political compromise, has collapsed under the pressure of the country's hurried presidential elections. Outside Kabul, his control remains tenuous in some places, nonexistent in others. Kabul's Supreme Court, the only other branch of government, is controlled by Islamic fundamentalists unconcerned with the dictates of Afghanistan's new Constitution. On Sept. 1, without any case before the court, the chief justice ordered that Latif Pedram, a presidential candidate, be barred from the elections and investigated for blasphemy. His crime? Mr. Pedram had suggested that polygamy was unfair to women. These clerics are trying to establish a system like that in Iran, using Islam as a bludgeon against democracy.

It's true that there have been several important accomplishments in these three years: the Taliban and Al Qaeda no longer sit in Kabul's Presidential Palace; girls are back in school in many parts of the country; some roads and buildings have been rebuilt; and more than 10 million Afghans have registered to vote for the presidential elections. Thousands of international aid workers have been working with the Afghans, often at great risk, to make things better. Despite the slow progress, most Afghans are more hopeful about their future than they have been in years.

But many people working there are left with the nagging feeling that much more could have been done both to help Afghanistan and fight terrorism over the last three years. Our experience demonstrates that you can't fight wars, or do nation-building, on the cheap. Afghanistan should be a critical election issue this year, but Iraq looms much larger in the public mind. Unless the next administration steps up to the plate, it may well be an issue in four years, when we start asking, "Who lost Afghanistan?"

J Alexander Thier, a fellow at the Hoover Institution and the Center on Democracy, Development and the Rule of Law at Stanford University, was a legal adviser to Afghanistan's constitutional and judicial reform commissions.