Civil Laws at Afghanistan
Civil laws in Afghanistan have undergone significant changes over the past few decades due to political instability, regime changes, and evolving legal systems. Here's an overview of the civil law system in Afghanistan, focusing on key aspects as of the most recent stable legal framework:
⚖️ Overview of Civil Law in Afghanistan
Afghanistan follows a mixed legal system that includes:
Islamic law (Sharia) – particularly Hanafi jurisprudence.
Statutory law – civil codes passed by legislative authorities.
Customary practices – especially in rural areas.
Under the Islamic Republic of Afghanistan (2004–2021), civil law was based on the 2004 Constitution and the Afghan Civil Code (1977), which was influenced by Egyptian and French civil law systems.
📚 Main Civil Laws and Areas Covered
Civil Code (Qanun-e-Madani) – 1977
Marriage, divorce, inheritance
Contracts and obligations
Property ownership and transfer
Personal status law (based largely on Islamic jurisprudence)
Family Law
Governed by Sharia and Civil Code
Marriageable age: 16 for girls, 18 for boys (though not strictly enforced)
Polygamy allowed under certain conditions
Women have rights to dowry (mahr), but legal protection has been inconsistent
Contract Law
Contracts must follow Islamic principles
Enforcement through civil courts was available under previous governments
Property Law
Ownership protected by law
Land disputes are common; resolution can be through courts or traditional councils (jirgas)
Tort and Liability Law
Civil liability for damages (personal, property)
Compensation determined under both civil and Islamic principles
🏛️ Courts and Civil Justice
Primary Courts: First instance for civil cases
Appeals Courts: Handle appeals from lower courts
Supreme Court: Final appellate authority; interprets law in line with Sharia
Traditional Dispute Resolution: Many people still rely on tribal elders or local jirgas
🚨 Post-2021 Situation (Taliban Rule)
After the Taliban took control in August 2021:
Formal civil law has been weakened or altered.
Sharia law is now the dominant legal framework, often implemented without formal codification.
Many civil rights, particularly for women, have been rolled back.
The Constitution of 2004 is no longer in use, and the legal system is now based more heavily on the Taliban's interpretation of Islamic law.
⚠️ Key Concerns
Lack of legal certainty under the Taliban regime
Women's rights have been severely restricted
Access to justice is often limited, especially for minorities and women
Civil courts have been replaced or weakened by religious courts
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