The 2004 Constitution is suspended. Earlier laws have not formally been repealed in full, but their practical validity and interpretation remain unclear. The de facto Ministry of Justice stated in April 2026 that it had published a total of 175 legislative documents since 2021, including 17 laws, 72 decrees, 61 orders, 11 guidelines, 6 procedures and 2 policy documents. For contracts, debts, loans, rent, property and family matters, affected persons may submit written applications to a legal claims office (Huquq) or a justice directorate. Huquq first attempts to reach a settlement, collects documents and refers unresolved cases to a competent court. The formal court structure consists of courts of first instance, appellate courts and the Supreme Court; judges are advised by religious legal scholars (Muftis). Proceedings, assessment of evidence, appeals and enforcement are inconsistent, however, and delays are common. For land, court deeds, tax and cadastral records as well as Arazi land archives (Arazi) count as formal evidence; customary deeds, local knowledge and religious or community confirmations are also used. A currently reliable nationwide land registration system or unified cadastre has not been documented, which is why property disputes frequently arise. Former family courts were incorporated into the civil courts. A 2021 decree recognizes, among other things, women's consent to marriage and their inheritance rights, but implementation remains highly uneven regionally; Decree No. 18, published on 14 May 2026, regulates judicial separation of spouses in 31 articles. Men may still divorce unilaterally, while women must use a more restricted route for judicial separation. Significant practical access problems have been documented in inheritance matters and in registering property in women's names; UNAMA recorded a total of 2,602 matters related to Mahr bridal dower (Mahr) between April and June 2025. Tribal or community councils (Jirga), consultative councils (Shura), elders' councils, religious scholars (Ulema) and family mediation often resolve disputes more quickly and cheaply, but they do not provide uniform neutrality, documentation, appeals or formal enforcement. Legal advice via 188 is free; state legal aid is also intended to be free after an application and means assessment. Women may be particularly disadvantaged because of restrictions on freedom of movement, requirements for male accompaniment and limited access to representation or the taking of evidence; female judges and lawyers are excluded from the formal system. Uniform court fees and reliable procedural deadlines have not been documented. The Ministry of Justice states that enforcement of final civil, commercial and family-law decisions takes 20 days, but because of practical differences this statement is not a reliable guarantee in every case.
Civil law in Afghanistan
Civil law in Afghanistan governs private legal relationships between people and organizations. It covers persons, contracts, property, family, inheritance, liability, court proceedings and enforcement. The system is fragmented: the 1977 Civil Code and the former Civil Procedure Code continue to serve as references, but according to UN reports they are de facto not applied reliably nationwide; Sharia-based rules, decrees and partly unpublished or oral directives shape practice.
VivAVia can make mistakes. Check important information.