Afghanistan (Islamic Emirate of Afghanistan / د افغانستان اسلامي امارت)¶

Jurisdiction code: AF · Legal system: religious-law
Language(s): ps, fa

Afghanistan is a South/Central Asian religious-law state operating under a Hanafi-Sunni Sharia framework. Following the August 2021 Taliban takeover, the prior 2004 Constitution and Civil Code 1977 framework were effectively suspended; the Islamic Emirate of Afghanistan governs by Hanafi Sharia interpretation under Taliban-issued decrees. The 1977 Civil Code (Qanun-e Madani) drawing on Hanafi jurisprudence with Egyptian civil-code influence formally governs civil matters where not displaced by Taliban decrees. Custody (hadana) and guardianship (wilaya) are governed by Civil Code arts. 234-256 within the residual framework. The Supreme Court framework was restructured post-2021; the Supreme Court of the Islamic Emirate operates under Hanafi Sharia. Family-law matters are heard at first instance in Primary Courts. Psychology profession regulation is uncertain post-2021. Afghanistan is silent on 'parental alienation' as a statutory label; courts operate substantively under Hanafi Sharia welfare-of-the-child framework. Afghanistan is non-Hague Convention.

PA recognition status¶

Statutory: silent
Apex court position: no-apex-position
Professional regulator position: silent

Statutory framework¶

Civil Code 1977 (Qanun-e Madani) arts. 234-256 — Civil Code — Custody and guardianship (1977)
Federal Civil Code drawing on Hanafi jurisprudence with Egyptian civil-code influence. Arts. 234-256 govern hadana (custody) and wilaya (guardianship) within residual framework where not displaced by post-2021 Taliban decrees.
Taliban decrees post-2021 — Taliban decrees on women, family, marriage (2021)
Series of decrees by the Islamic Emirate governing women's rights, family-law, marriage, divorce, and child custody under strict Hanafi Sharia interpretation.

Apex courts¶

Supreme Court of the Islamic Emirate of Afghanistan¶

Professional regulators¶

Ministry of Public Health, Islamic Emirate of Afghanistan

Anonymisation convention¶

Afghan family-court decisions are anonymised per court practice using initials where published.

Key developments¶

1977 — Federal Civil Code enacted drawing on Hanafi jurisprudence with Egyptian civil-code influence.
2004 — Constitution of the Islamic Republic of Afghanistan adopted establishing Hanafi Sharia as primary source of law alongside Civil Code framework.
2009 — Federal law on elimination of violence against women enacted under Karzai government — subsequently suspended post-2021.
2021 — Islamic Emirate established; 2004 Constitution and Elimination of Violence Against Women Law effectively suspended; governance by Taliban decrees under Hanafi Sharia interpretation.

Structural findings¶

Afghanistan operates a Hanafi-Sunni Sharia religious-law framework — structurally distinctive within the corpus as a state under unilateral religious-law governance post-2021 with prior constitutional framework suspended.
Post-2021 governance by decree under Hanafi Sharia interpretation is structurally distinctive within the corpus.
Civil Code 1977 + Egyptian civil-code-influence pattern places Afghanistan in the Egyptian-civil-code-transplant cluster alongside Syria, Iraq, Jordan, Libya within the residual framework.
Non-Hague Convention status places Afghanistan in the non-Hague Central Asian cluster.

Sources¶

Refworld (UNHCR) — Afghanistan legal documents — https://www.refworld.org/ (UNHCR) [en]

Editorial notes¶

Afghanistan jurisdiction sidecar — Hanafi-Sunni religious-law (Civil Code 1977 residual + Taliban decrees post-2021 + non-Hague). Structurally distinctive post-2021 governance.
PA-recognition: silent statutory + no-apex-position + silent regulator.
Joins South/Central Asian + Hanafi-Sunni religious-law + post-constitutional-suspension distinctive + non-Hague Convention clusters within the corpus.

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