Under Afghan law, civil and religious marriage ceremonies may be performed for some foreigners. Afghans who are dual nationals are treated solely as Afghan under the law. It is not possible for a non-Muslim man to marry a Muslim woman in Afghanistan, but it is possible for a Muslim man to marry a non-Muslim, foreign, woman. Additionally, the court will not register marriages involving Afghans who claim not to be Muslim, unless the couple consents to a Muslim religious ceremony. Afghan law considers all Afghans Muslim by default. In the provinces, outside of Kabul, marriages can be registered at the civil courts. The couple must appear at the Family Court in Kabul with two witnesses and photo identification preferably their passports. Witnesses should also have photo identification. If one of the individuals who wish to marry is Muslim, a religious Muslim ceremony will be performed at the time of registration.
Afghanistan: Repeal Amnesty Law
The current U.S. Department of State Travel Advisory at the date of Islam provides the foundation for Afghan customs, laws, and practices.
KABUL — Mohammad Wali was just 12 years old when his widowed mother began arranging his marriage to a year-old woman from their village in Ghazni Province. I want to go to school. But his mother insisted on the marriage to ensure that she and Wali’s two teenage sisters would not become street beggars — a possibility she feared because of local inheritance customs for widows who don’t have a male heir. Your sisters will get nothing.
Reluctantly, after his mother also promised he could marry a second wife of his own choosing when he was older, Mohammad agreed to the wedding — consent required from him for the marriage to be valid under Islamic law. The impoverished family scrimped and saved to gather the double dowry the bride’s father demanded to marry off his daughter to a boy who was too young to support his own family. Mohammad Wali was married on December 8, , at the age of Within a year, the couple’s first child was born — but to the disappointment of Wali’s mother, it was a baby girl.
Now, shortly after turning 15 and finishing his 10th-grade exams, Wali is expecting his year-old wife to give birth to their first son in October.
LGBT rights in Afghanistan
The law governing family relations for Afghanistan’s Shia minority triggered protests and widespread indignation when it was passed in March. Articles in the original version required a wife to submit to her husband’s advances every four days and stated that she could not leave the house without his permission. Barack Obama called the clauses “abhorrent” and President Hamid Karzai promised to reform the law in the face of intense international pressure. The amended Shia personal status law was passed by the Afghan cabinet in secrecy earlier this month.
But despite some contentious clauses being removed, it still states that a man need not support his wife financially unless he has “access to her”.
1. Islamic Republic of Afghanistan. Ministry of Justice. OFFICIAL GAZETTE. Extraordinary Issue. Law on Protection of Child Rights. Date: 11th.
Go back to country map. Despite recent efforts to bolster protections, Afghan women and girls continue to suffer widespread discrimination, domestic violence, forced marriage, trafficking, and other forms of violence. For further information and guidance for individuals from the U. Girls and women in Afghanistan have severely limited rights when entering into or attempting to dissolve a marriage.
Although statutory law sets out a minimum age for marriage of 18 for males, 16 for females, and 15 with guardian consent, and recent legal reforms, including the National Action Plan for the Women of Afghanistan, included provisions criminalizing forced and underage marriage, these laws are not regularly observed or enforced.
Instead, tradition and customary laws tend to frame marriage-related practices, often allowing for marriages without the consent of both parties. It is unlikely that current Afghan laws and judicial remedies could adequately protect a girl or woman who faces a forced marriage. There are few state courts in country, many of which apply traditional or customary law over statutory law, and other cases are referred to tribal tribunals which apply their own rules and customs, leaving many women and girls without recourse in the state legal system.
Compared to men, women have very limited options for pursuing dissolution of a marriage, 5 and it is very difficult to obtain a divorce or annulment without consent of the spouse and family. Police and other law enforcement bodies in Afghanistan generally do not provide reliable protection for women and girls fleeing forced marriage situations, and victims reaching out for help may be treated as offenders.
Afghanistan: Reject stoning, flogging, amputation and other Taliban-era punishments
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PART FOUR: The Customary Laws of the Northern Region of Afghanistan.. INTRODUCTION. I. The Trial or Jirga. Jirgas date back hundreds of centuries.
Under the terms of the Law on the Protection of Historical and Cultural Properties and the previous Code for the Protection of Antiquities in Afghanistan , all antiquities All exportation of antiquities, including temporary exportation, is forbidden without a permit. Only privately-owned, registered antiquities may be sold or exported. Traffic in unregistered antiquities is forbidden. Sale of immoveable antiquities may take place only under auspices of the State.
The State maintains the right to expropriate any antiquity for the purposes of care or collection, and retains all rights to replication, photographing and publication of any antiquity. Penalties for infractions of the law include fine, imprisonment, and confiscation of all objects involved as outlined in Chapter 8. Disclaimer: The information on this page and associated pages in this training resource is for informational purposes only and should not be construed as legal advice.
This information is not intended to create, and receipt of it does not constitute, a lawyer-client, advocate-client or any other professional relationship.
Like all other parts of public life, the administration of justice and access to legal remedies and dispute resolution have been severely disrupted by the COVID pandemic. In addition, high rates of communicable diseases such as tuberculosis make the Afghan population particularly vulnerable to the effects of the pandemic. These concerns raise the possibility of significant social and economic disruption in the coming months if they are not addressed through concerted national and international action.
The Government of Afghanistan is actively implementing strategies to mitigate the spread of COVID, protect public health and guarantee human rights and maintain the rule of law by, among other things, maintaining access to vital public services including the justice system. Public health measures have been reinforced as COVID has spread more widely, including screening at ports of entry, quarantine for infected people, and closure of public places for gathering.
(New York) – The Afghan government should urgently act to repeal a law It is not clear when this happened, as the date on the gazetted law is.
Department of State. This is an annual report produced in conjunction with the Regional Security Office at the U. Embassy in Kabul, Afghanistan. OSAC encourages travelers to use this report to gain baseline knowledge of security conditions in Afghanistan. Travel Advisory. The current U.
Afghanistan revises marriage law but women still required to submit to sexual intercourse
Afghanistan has no legal age of consent, because marriage is legally required before sexual intercourse is allowed. If there is no age limit to marriage, there is effectively no age of consent between married individuals. There is no age of consent in Afghanistan, as all sexual activity outside of marriage is illegal. The minimum age of marriage for men is 18, and is 16 for women. Afghanistan does not have a close-in-age exemption. Close in age exemptions, commonly known as “Romeo and Juliet laws” in the United States , are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Article of Afghanistan’s Shia Personal Status Law of provides that In , the UN General Assembly set as the target date to meet this pledge.
Contract Law in Afghanistan
Section criminalises same-sex intimacy between women with imprisonment for up to one year. Section criminalises sodomy, punishable with imprisonment for up to two years. Section criminalises Tafkhiz — same-sex intimacy between men absent penetration — punishable with imprisonment of between three months and one year.
Section criminalises inciting two or more people to commit sodomy by introducing them to each other and finding them a place to do so. Article of the Constitution allows for the implementation of Sharia Law which prohibits same-sex sexual activity in general.
Date: 20, 07, Article1: Based on provision of article 79 of the Afghan Constitution, I hereby, endorse the Law on Elimination of Violence against Women.
Visit our new interactive Atlas! The lowest median age at first marriage is in Nimroz. Child marriage is driven by gender inequality and the belief that girls are somehow inferior to boys. In Afghanistan, child marriage is also driven by:. Afghanistan has committed to eliminate child, early and forced marriage by in line with target 5. Afghanistan co-sponsored the and UN General Assembly resolutions on child, early and forced marriage.
Afghanistan ratified the Convention on the Rights of the Child in , which sets a minimum age of marriage of 18, and the Convention on the Elimination of All Forms of Discrimination Against Women in , which obligates states to ensure free and full consent to marriage. As part of its commitment, Afghanistan will ensure access to legal remedies for child brides and establish a uniform minimum legal age of marriage of
Public stoning to death, amputation of limbs and flogging are among the brutal punishments being put forward as draft amendments to the Afghan Penal Code. International law prohibits all forms of cruel, inhuman, degrading and torturous punishments. Amnesty International also opposes the death penalty — the ultimate cruel, inhuman and degrading punishment — under any circumstances and regardless of the method of execution.
Head of State of the Republic of Afghanistan, and has been registered under No. Article 3 [Punishment Under Law Enforced Before Commission of Act] enforcement expires on a certain date, the expiration of the enforcement of the.
The Penal Code of was reinstated after the U. This could happen in lieu of, or in addition to charges being brought under the penal code. Shariah law based punishment is more likely to occur in isolated, rural communities where private citizens and vigilant groups seek to punish anyone who does not follow strict Islamic morals. In the cities, persons convicted of homosexuality are generally sentenced to prison. In , an American advisor to the Afghanistan government was arrested and sentenced to a prison sentence for homosexual activities with an Afghan man.
Other news reports have also noted that other men have been imprisoned for such engaging in same-sex sexual behavior. Territory controlled by Al-Qaeda is ruled by a strict interpretation of Islamic or Sharia law. All sexual behavior outside of a lawful Islamic marriage is illegal, with the maximum punishment being death. When the Taliban gained control of the country in the s they criminalized all sexual relationships outside of the heterosexual marriage, [ citation needed ] and would often publicly execute men and women for committing fornication and adultery and for engaging in sodomy.
In , the Taliban supreme leader, Mullah Omar , saved a boy from being sodomized by two feuding generals in Kandahar and when he was subsequently given control of the city he decreed that both violent and mutually consensual sodomy would be capital crimes. The Afghanistan Law of Marriages stipulates that a legal marriage must be between two Muslim adults of the opposite sex, and that it must meet the rules of Islamic law.
Hence, Afghanistan family law does not recognize same-sex marriages, civil unions or domestic partnerships. Likewise, the Afghanistan Law on Marriages, Weddings and Circumcision speaks of marriage as something between a Muslim man and woman and states that marriages must follow Islamic law. Article states that it shall be treated as “Instigation of Delinquency” if an adult promotes or assists in the act of minors under 18 being involved in the act of adultery, homosexuality or prostitution.
Forced Marriage Overseas: Afghanistan
The Government of Afghanistan is currently reviewing a bill that would reform and modernize the country’s contract law. Afghanistan is a civil code jurisdiction and, currently, contracts are governed by sections of the country’s Civil Code dating from and Commercial Code dating from Both the Civil Code and the Commercial Code are based on the laws of Egypt, which in turn are based on French civil law. During the period following the Soviet invasion, and the subsequent civil war in Afghanistan, little attention was paid to updating or modernizing these Afghanistan statutes.
Joint venture between the Government of Afghanistan and the private sector, Short-term: Tax waivers shall be granted for four years from the date of licensing.
Afghanistan has a poor, agrarian economy with a small manufacturing base, few value-added industries, and a partially dollarized economy. More than 55 percent of the population lives below the poverty line. International financial and security support has been instrumental in growing the Afghan economy from a USD 2. In addition, various estimates place the value of the informal economy to be about USD 4.
Government expenses will continue to far exceed revenues, resulting in continued dependency on international donors for the foreseeable future, although the Government of National Unity GNU has been able to increase tax revenue by implementing reforms and improved tax collection procedures. The drawdown of international forces from significantly slowed economic growth as demand for transport, construction, telecommunications and other services fell.
Economic growth averaged only 2. Much higher growth rates are required to support a three percent annual population growth and roughly , new entrants into the labor market each year. The IMF notes that a return to growth is conditioned on improvements in the security sector, strong reform, and investments in key economic sectors, such as mining and agriculture. Most Afghan farmers are primarily subsistence farmers. The government has undertaken several important reforms to attract Afghan private-sector and foreign investment, including promotion of public-private partnerships and streamlining the business license registration process.
The ACBR extended the validity of business licenses for three years and reduced the licensing fee. Afghanistan continues to have a small formal financial services sector and domestic credit remains tight. The existence of three overlapping legal systems — Sharia Islamic Law , Shura traditional law and practice , and the formal system under the Constitution — can be confusing to investors and legal professionals.