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.

Before attacking Iraq in March 2003, the United States told the world that Saddam Hussein had reconstituted his nuclear weapons program in defiance of the United Nations. That claim, used to justify the war, was based on assessments provided by the United States intelligence community. But as everyone now knows, those assessments were wrong. So Jeffrey T. Richelson's history of American nuclear intelligence, including our attempts to learn about Iraq's nuclear program, could hardly be more timely.

In "Spying on the Bomb," Richelson, the author of several books on American intelligence, has brought together a huge amount of information about Washington's efforts to track the nuclear weapons projects of other countries. He examines the nuclear projects of Nazi Germany, the Soviet Union, China, France, Israel, India, South Africa, Taiwan, Libya, Pakistan, Iran and North Korea, as well as Iraq. Through interviews and declassified documents as well as secondary works, he sets out briefly what we currently know about those projects and compares that with assessments of the time.

This may sound like heavy going, but Richelson writes with admirable clarity. And along the way he has fascinating stories to tell: about plans to assassinate the German physicist Werner Heisenberg during World War II; about discussions in the Kennedy and Johnson administrations on the possibility of attacking Chinese nuclear installations; about Indian measures to evade the gaze of American reconnaissance satellites; and about the bureaucratic infighting over the estimates on Iraq.

The United States has put an enormous effort into gathering information about the nuclear projects of other countries. After World War II it equipped aircraft with special filters to pick up radioactive debris from nuclear tests for isotopic analysis. It created a network of stations around the world to register the seismic effects of nuclear explosions. Most important, in 1960 it began to launch reconnaissance satellites that could take detailed photographs of nuclear sites in the Soviet Union and China. Richelson occasionally speculates about the role of communications intercepts and of spies, but these appear from his account to have been much less important than the other methods of collecting information.

Through these means the United States has gathered a vast quantity of data, sometimes to surprising effect. Intelligence played a crucial role in the cold war, for instance, by reducing uncertainty about Soviet nuclear forces. Alongside such successes, however, there have been failures. One notable example concerned the first Soviet test, which took place in August 1949, much sooner than the C.I.A. had predicted. Another was the failure to detect Indian preparations for tests in May 1998, even though at an earlier time the United States, with the help of satellite intelligence, had managed to learn about preparations the Indians were making and to head off their tests.

But the most serious failure of all was in Iraq in 2003, because in no other case did the intelligence assessments serve as justification for the use of military force. The information needed for avoiding political surprise is one thing. That needed for preventive war is quite another, if only because of the consequences of making a mistake.

Beyond making the uncontroversial recommendation that "aggressive and inventive intelligence collection and analysis" should continue, Richelson draws no general conclusions. That is a pity, because his rich material points to issues that cry out for further analysis. He suggests in one or two cases that failures sprang from the mind-set of the intelligence community, but he does not elaborate on this point. He has little to say about relations between policy makers and the intelligence community, even though the quality of intelligence and the use made of it depend heavily on that relationship.

His focus is no less narrow in his discussion of foreign nuclear projects. He concentrates on the programs themselves, paying very little attention to their political context. Does that reflect a technological bias in nuclear intelligence? Would, for example, the prewar assessment of Iraqi nuclear capabilities have been more accurate if it had paid more attention to the broader political and economic circumstances of Hussein's regime?

The task of intelligence has become more complex than it was during the cold war. A single dominant nuclear opponent has now been replaced by a number of nuclear states, along with states and stateless terrorists that are aiming to get their hands on nuclear weapons. Meanwhile, the technology needed for producing nuclear weapons has become easier to acquire.

Many critics believe the recent performance of the intelligence community shows it has not responded adequately to this new situation. Richelson does not have much to say on this question; nor does he discuss the likely impact of the current reforms, initiated in response to the Iraq war, on the quality of intelligence. His reticence may imply that he does not think reform is necessary. Still, it is disappointing that he does not draw on his historical survey to discuss whether new approaches are needed for dealing with nuclear threats, and, if so, what those new approaches might be.