General Practice Law at Afghanistan
As of April 2025, Afghanistan's legal system operates under the exclusive authority of the Taliban's Islamic Emirate, which has instituted a strict interpretation of Hanafi Sharia law across all aspects of governance and civil life.
⚖️ Legal Framework and Civil Law
Sharia as the Sole Legal Source: The Taliban have dismantled the previous codified legal system, replacing it with an uncodified framework based solely on Hanafi jurisprudence. Judges are instructed to consult the Mecelle, a 19th-century Ottoman codification of Hanafi civil law, for guidance in civil matters.
Abolition of Prior Legal Institutions: Key legal bodies from the former Islamic Republic, including the Afghanistan Independent Bar Association and the Attorney General’s Office, have been dissolved. The Taliban have dismissed all previously appointed prosecutors and judges, effectively eradicating the formal legal profession.
🏛️ Judicial Structure
Court System: The Taliban have established a three-tiered court system
District Courts: Handle local disputes and minor cases
Provincial Courts Address appeals and more complex cases
Supreme Court: Serves as the highest appellate body
Judicial Appointments: Judges are appointed directly by the Taliban's Supreme Leader, emphasizing religious credentials over formal legal training
👩⚖️ Gender Discrimination and Human Rights Concerns
Exclusion of Women Women have been systematically excluded from the legal profession. Judicial bodies do not accept petitions from women or allow them to appear in court unaccompanie
International Legal Action Countries including Canada, Australia, Germany, and the Netherlands have initiated proceedings against the Taliban at the International Court of Justice, alleging violations of the Convention on the Elimination of All Forms of Discrimination Against Wome.
📜 Customary Law and Tribal Practice
In rural areas, traditional tribal customs continue to influence dispute resolution, often intersecting with the Taliban's interpretation of Sharia law. This fusion can result in practices that diverge from both international legal standards and formal Islamic jurisprudene.
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