Tort law at Afghanistan
Tort law in Afghanistan is influenced by a blend of statutory civil law, Islamic (Sharia) law, and customary practices, each playing a significant role in the legal landscape.
📘 Statutory Civil Law
Afghanistan's Civil Code, established in 1977, outlines various civil obligations and liabilities. While it doesn't explicitly use the term "tort," it addresses civil wrongs and liabilities under sections dealing with obligations and contracts. For instance, provisions related to product liability (Articles 1071–1107) and animal-related damages (Articles 793–795) establish frameworks for compensating harm caused by others' actions .
🕌 Islamic (Sharia) Law
Sharia law, particularly the Hanafi school of jurisprudence, is central to Afghanistan's legal system. Under Sharia, civil wrongs are addressed through concepts like qisas (retaliation) and diya (blood money or compensation). For example, in cases of personal injury, compensation is often determined based on the severity of the harm, such as eye injuries being valued at 15,000 Afghanis . However, the application of Sharia law can vary, with some interpretations emphasizing strict retributive justice .
🏛️ Customary Law
Customary law, rooted in tribal traditions and practices, is widely practiced, especially in rural areas. Institutions like jirgas (tribal councils) and shuras (community assemblies) resolve disputes based on community customs. While these practices aim for reconciliation and restorative justice, they sometimes conflict with statutory and Islamic laws. Notably, practices such as baad—where a girl is given as compensation for a crime—are illegal under Afghan law but persist in certain communities .
⚖️ Legal System Under the Taliban
Since the Taliban's return to power in August 2021, Afghanistan's legal system has been predominantly based on a strict interpretation of Sharia law. This shift has led to the dissolution of previous legal institutions and the re-establishment of Sharia courts. In these courts, judges apply interpretations of Sharia to resolve civil disputes, including those related to torts, often focusing on retributive justice principles .
🧭 Summary
Afghanistan's approach to tort law is multifaceted, incorporating statutory civil codes, Islamic legal principles, and customary practices. The current legal environment, particularly under Taliban rule, emphasizes Sharia-based adjudication, which may differ from international norms regarding civil wrongs and compensation. This complex interplay of legal traditions requires careful navigation to understand the full scope of tortious liability in Afghanistan.
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