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.

There was no Orange-style revolution in Belarus following the 19 March presidential elections. But there may have been the beginning of a revolution of the spirit that will bring the last tyranny in Europe to an end. Observers should not lament the "failure" of revolution but should hail the beginning of a genuine democratic movement, which is stronger today than it was just a few years ago.

From the beginning of this campaign, there was little sign of a real contest. Lukashenka could have won a free and fair election: Strong economic growth and social stability might have guaranteed him half of the vote or so, had the vote actually been counted. But a free and fair vote carried the risk of defeat, however remote, and the ghost of the Orange Revolution in Ukraine in 2004 fueled hysteria within the regime. Consequently, just before the vote, the government criminalized opposition-related activity and began to arrest election monitors and activists from nongovernmental organizations on charges of terrorism.

Yet Lukashenka wanted some legitimacy for his reelection and therefore allowed opposition candidates to participate. Surprisingly, two challengers, the leader of the united opposition, Alyaksandr Milinkevich, and the former rector of the Belarusian State University, Alyaksandr Kazulin, refused to bow to the dictator and decided to play by their own rules. Their 30-minute campaign speeches on state TV (that is how much exposure to alternative opinions an ordinary TV viewer in Belarus has had in five years) were devoted not much to the issues but to attacking Lukashenka's character - an act previously unthinkable in a country where one official once declared Lukashenka to be "a bit higher than God." Both candidates emphasized freedom and democracy rather that day-to-day issues in their messages and found much sympathy, to the surprise of observers. Thousands turned out on the streets to hear speeches from opposition candidates, numbers that were unthinkable even in Minsk just a year ago.

Lukashenka saw the crowds as well and got nervous. Kazulin, whose particularly scathing attacks made him an instant celebrity, was beaten up by riot police. Dozens of observers and reporters were denied visas, expelled, or even arrested and charged with helping to plot a coup. State TV propped up its propaganda, and the KGB began to discover one plot after another every several days. In the last revelation, the head of the KGB claimed that the opposition would poison the tap water in Minsk using decomposing rats. And dozens of opposition activists with experience in street protests were rounded up in the run-up to the vote. Yet even in the face of these repressive tactics, Lukashenka's autocratic regime failed to deter people from mobilizing on the streets after the vote to denounce the fraudulent results.

On 19 March, at least 20,000 people took to the streets to protest the announcement of a "smashing" victory for Lukashenka, who was declared winner with 83 percent of the vote cast. And the protesters did not stop there, organizing an around-the-clock vigil on the central square of Minsk to demand annulment of the vote and new elections.

To be sure, the size of the protests was nowhere near the crowds that turned out in the streets in Kyiv a year and half ago. Yet thousands of Belarusians braved not only the blizzard but explicit threats of jail and even the death penalty made by the KGB on the eve of elections. Most of them faced immediate dismissal from state jobs or university if found in the crowd or even caught checking an opposition website. And they barely had means to communicate with each other due to suspension of most of the opposition press and an almost total blockade of the Internet and mobile communications. Could one have expected a protest of more than just a handful of dissidents in these, almost Soviet-style conditions?

SMALL VICTORIES

In retrospect, one has to admit that the protest was doomed. The opposition knew it did not win the elections and hence did not attempt to stage a revolution as such: that is, to attempt to snatch power from Lukashenka by force. Instead, the protest turned into a show of defiance, an attempt to get the sympathy and attention of fellow countrymen. Day after day, the numbers dwindled, not least because each new day brought the protesters closer to an imminent show of force by the government. It came on the morning of 23 March, when people on the square were surrounded and thrown into police trucks, then taken to jails and sentenced to various prison terms.

The dramatic end of the protest also highlighted an unpleasant fact for the Belarusian opposition: A combination of fear imposed by the government on one part society, and acceptance of the regime by another part, still limits its appeal and following. The streets of Minsk these days were full of pictures of solidarity and defiance, but also of indifference from passers-by and loathing for the protesters from the regime's supporters.

Lukashenka's opponents still have a long way to go to communicate their message to the entire society - and will have to do so in an even more repressive political climate than they have endured so far. But failures and disappointments shall not distract attraction from the opposition's successes in this campaign and afterward. It achieved unity and presented society with a leader whom many accepted as a credible alternative to Lukashenka. It invigorated the network of democratic activists, who braved certain repression and imprisonment. It spurred public debate, and the quest for free information was boosted even when the regime knocked out independent newspapers by the dozens. And it proved to the society and the entire world that support for democratic change in Belarus is not limited to just a handful of fanatics.

The March events may be the beginning of a newly invigorated fight for democracy in Belarus as much as it can trigger a new, more severe round of oppression from the regime. The West cannot stop paying attention. Those struggling for democracy, especially those already in jail, deserve our solidarity; families of political prisoners need support; and recently expanded democratic assistance programs, especially efforts to expand access to independent media within Belarus, must be sustained, not cut, now that the election is over.

Democrats in Belarus defied expectations and demonstrated that they exist, they have some popular support, and they are willing to take risks in their fight for freedom. Now, more than ever, supporters of freedom in the West need to stand with them.