Switch dataset
There appears to be no legislation in place in Afghanistan which prohibits slavery, although the 2009 Law on Elimination of Violence against Women 2009 prohibits the “selling and buying women for the purpose of or under pretext of marriage”.
There appears to be no legislation in place in Afghanistan which prohibits institutions and practices similar to slavery, although the 2009 Law on Elimination of Violence against Women 2009 prohibits the “selling and buying women for the purpose of or under pretext of marriage”.
There appears to be no legislation in place in Afghanistan which prohibits servitude.
Provisions related to forced labour are found in the 2004 Constitution which prohibits forced labour at article 49. Provisions on forced labour are also found in Articles 10 and 79 of the Labour Law of Afghanistan and the Minerals Law of 2005 and 2010 prohibit forced labour.
Provisions related to trafficking in persons are found in the 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling of Migrants which criminalises sex trafficking and labour trafficking. Provisions on sex and labour trafficking are also found in Articles 510 and 511 of the 2018 Criminal Code.
Provisions related to forced marriage in Afghanistan are found in the 1949 Law on Marriage Article, which addresses forcing widows into marriage at Article 24.
Provisions requiring consent to marriage in Afghanistan are found in the Law on Marriage Act 1971, article 24 of which states that if the bride is divorced or widowed at the time of the new marriage, notice of the Sharia divorce certificate or proof of the death of the former husband by two citizens is required, and must be registered in the marriage certificate. No one, including the relatives of the deceased husband, has the right to contract the widower to anyone without her consent, or to prevent her from (making) a Sharia contract. Provisions requiring consent to marriage are also found in Law on Marriage, Weddings, and Circumcision 1949, article 1of which states that a marriage contract shall be concluded according to the principles of the religious law and with the consent of both the man and the woman, who are being married. After the proposal and acceptance by the man and the woman, the wedding ceremony shall be performed in the presence of the priest who conducts the ceremony, the witnesses, and the relatives of both parties. Provisions requiring consent to marriage are also found in LAW ON ELIMINATION OF VIOLENCE AGAINST WOMEN 2009 , article 26 of which states that if a person gets a woman engaged or married who has reached the legal marriage age without her consent, the perpetrator shall, depending on the circumstances, be sentenced to medium-term imprisonment not less than 2 year, and the engagement and marriage is invalid, according to the provision of the law. Where marriages are conducted without the consent of one of the party, if found guilty the perpetrator shall, depending on the circumstances, be sentenced to medium-term imprisonment not less than 2 years. Provisions requiring consent to marriage are also found in Penal Code 1976 under article 517 of which states that a person who gives in marriage a widow, or a girls who is 18 years or older, contrary to her will or consent, shall be sentenced in view of the circumstances to short imprisonment. If commitment of the crime specified is for the purpose of compensation for a wrongdoing (bad dadan), the offender shall be sentenced to medium imprisonment not exceeding 2 years. A criminal claim against perpetrator of crimes listed in paragraphs 1–2 of this article may be filed only if the victim makes a complaint. Where marriages are conducted without the consent of one or both parties, the offender shall be sentenced to medium imprisonment not exceeding 2 years.
Although legislation in Afghanistan does not prohibit servile matrimonial transactions in all their forms, it does prohibit selling a bride and swapping marriage. Selling a bride is prohibited under Article 24 of the 2009 Law on Elimination of Violence against Women, with a potential penalty of long-term imprisonment non exceeding 10 years. Swapping marriage is prohibited under Article 69 of the 1977 Civil Code. Legislation in Afghanistan also prohibits giving or taking a woman for marriage in retribution for a Baad under Article 25 of the the 2009 Law on Elimination of Violence against Women, with a potential penalty of long-term imprisonment non exceeding 10 years.
There appears to be no legislation in Afghanistan that prohibits marriage trafficking.
The minimum age for marriage in Afghanistan is 16 for females and 18 for males, as set out on Article 70 of the 1977 Civil Code. Marriages conducted involving a woman who has not reached the legal marriage age are an offence under Article 28 of the 2009 Law on Elimination of Violence against Women, with a potential penalty of up two years imprisonment. However, marriages of girls below this age are permitted with consent of the father or the competent court, as set out on Article 71 of the 1977 Civil Code. Marriage of girls is allowed under exceptions as early as 15.
Asia-Pacific
Not party to a court
Mixed
Article 7
The state shall observe the United Nations Charter, interstate agreements, as well as international treaties to which Afghanistan has joined, and the Universal Declaration of Human Rights. The state shall prevent all kinds of terrorist activities, cultivation and smuggling of narcotics, and production and use of intoxicants.
Article 517
1– A person who gives in marriage a widow, or a girls who is 18 years or older, contrary to her will or consent, shall be sentenced in view of the circumstances to short imprisonment.
2– If commitment of the crime specified under the above paragraph is for the purpose of compensation for a wrongdoing (bad dadan), the offender shall be sentenced to medium imprisonment not exceeding 2 years.
3– A criminal claim against perpetrator of crimes listed in paragraphs 1–2 of this article may be filed only if the victim makes a complaint.
Article 510 of the 2018 Criminal Code criminalises sex trafficking and labour trafficking, including bacha bazi. Article 511 prescribed penalties of five to 10 years’ imprisonment for trafficking offenses involving adult male victims, and 10 to 16 years’ imprisonment if the victim was a woman or child, or exploited in bacha bazi.
Afghanistan – US Department of State Trafficking in Persons Report 2020
Article 10
Forced labor shall not be allowed. The labor shall be deemed forced when an individual is forced to work through intimidation or through other means contrary to his volition. And the labor which a person is obliged to perform legally shall not be deemed forced labor.
Article 79
Special Regulations Mineral Activities shall be conducted in accordance with applicable laws and international norms relating to labor, social protection and human rights. The use of Forced Labor or Harmful Child Labor in connection with Mineral Activities is prohibited.
The 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling of Migrants criminalized sex trafficking and labor trafficking, including bacha bazi. The law prescribed penalties between five and eight years’ imprisonment. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those for other serious crimes. Aggravating factors increased the maximum sentence to between 10 and 15 years and the imposition of the death penalty if exploitation for armed fighting resulted in the victim’s death.
Article 3 Definitions
The following terms in this Law shall have the following meanings:
…
2– Trafficking in Persons: Is transferring, transiting, employment, keeping of a person for the purpose of exploitation by taking advantage of poor economic and desperate condition of the victim through paying and receiving money, interest or using other deceiving means in order to obtain the consent of the victim or his/her guardian.
3– Exploitation: Getting advantage of the victim of crimes of abduction and trafficking in persons through employment, selling, engaging in sexual, criminal activities, provision of pictures and movies that are prejudicial to public morality (pornography), armed conflicts, forced labor or removal his/her organ or body tissues or conducting medical and health examinations and forcing him/her into other illegal activities.
…
Article 8 Human Trafficking
(1) Any person who commits human trafficking offence, in accordance with circumstances shall be sentenced to long imprisonment not more than 8 years.
(2) If the victim is a child or a female, the perpetrator shall be sentenced to long imprisonment not less than 12 years.
(3) If adultery or pederasty is taken place against victim, the perpetrator in addition to punishment prescribed for the human trafficking crime shall be also convicted to the punishment of adultery or pederasty crime.
Article 10 Punishment for Person Who Cuts and Removes Body Organs or Tissues
(1) Any person who cuts and remove organ and tissues of the body of the victim of this Law but does not cause his/her death, in accordance with circumstances he/she shall be sentenced to long imprisonment.
(2) If the action stated in paragraph (1) of this Law causes death of the victim, the perpetrator in accordance with circumstances shall sentenced to continued imprisonment or execution.
Law on the Campaign against Abduction and Human Trafficking 2008 (PDF)
Article 44
Obligations of Holders of Authorizations for Quarry Exploration (4) The Holder of an Authorization for Quarry Exploration must comply with all applicable laws and regulations regarding health, safety of labor, human rights, use of water, protection of the environment and protection of communities affected due to the Exploration work.
Article 50
Obligations of Holders of Authorizations for Quarry Exploitation 3) The Holder of an Authorization for Quarry Exploitation must comply with all applicable laws and regulations regarding health, safety of labor, human rights, use of water, protection of the environment and protection of affected communities.
Article 55
Obligations of the Holder of the Authorization for Artisanal Exploitation (1) TheHolder of an Authorization for Artisanal Exploitation must comply with all applicable laws and regulations regarding health, safety of labor, human rights, use of water, and protection of the environment and protection of affected communities.
Article 20
Child Labor or” means the employment of persons under the age of eighteen (18) years that is economically easily exploitative, interferes with, the child’s education, is harmful to the child’s health, [or] has a mal effect on the child’s physical, mental, or social development.
Article 79
Special Regulations Mineral Activities shall be conducted in accordance with applicable laws and international norms relating to labor, social protection and human rights. The use of Forced Labor or Harmful Child Labor in connection with Mineral Activities is prohibited.
The 2017 Law to Combat Crimes of Trafficking in Persons and Smuggling of Migrants criminalises sex trafficking and labor trafficking, including bacha bazi. The law prescribes penalties between five and eight years’ imprisonment. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those for other serious crimes. Aggravating factors increased the maximum sentence to between 10 and 15 years and the imposition of the death penalty if exploitation for armed fighting resulted in the victim’s death.
Afghanistan – US Department of State Trafficking in Persons Report 2020
Article 2
“fighting against customs, traditions and practices that cause violence against women contrary to the religion of Islam,” and preventing and prosecuting violence against women.
Article 5
Lists 22 acts, the commission of which constitutes violence against women: rape; forced prostitution; publicising the identity of a victim in a damaging way; forcing a woman to commit self-immolation; causing injury or disability; beating; selling and buying women for the purpose of or under pretext of marriage; baad (retribution of a woman to settle a dispute); forced marriage; prohibiting the choice of a husband; marriage before the legal age; abuse, humiliation or intimidation; harassment or persecution; forced isolation; forced drug addiction; denial of inheritance rights; denying the right to education, work and access to health services; forced labour and marrying more than one wife without observing Article 86 of the Civil Code.
Article 31
If a person forces a woman to isolation, he shall, depending on the circumstances, be convicted to short-term imprisonment of not more than three months.
Article 35
If a person prohibits a woman from the right to education, work and access to medical services or use of other rights stipulated in the law, he shall, depending on the circumstances, be convicted to short-term imprisonment not exceeding six months.
Article 425
A person who carries off a girl, who is 16 years or over, at her own will from her parents’ residence for the purpose of lawfully marrying her, shall not be deemed as having committed an act of kidnapping.
Article 517
1– A person who gives in marriage a widow, or a girl who is 18 years or older, contrary to her will or consent, shall be sentenced in view of the circumstances to short imprisonment.
2– If commitment of the crime specified under the above paragraph is for the purpose of compensation for a wrongdoing (bad dadan), the offender shall be sentenced to medium imprisonment not exceeding 2 years.
3– A criminal claim against perpetrator of crimes listed in paragraphs 1–2 of this article may be filed only if the victim makes a complaint.
Article 3 Definitions
The following terms in this Law shall have the following meanings:
2– Trafficking in Persons: Is transferring, transiting, employment, keeping of a person for the purpose of exploitation by taking advantage of poor economic and desperate condition of the victim through paying and receiving money, interest or using other deceiving means in order to obtain the consent of the victim or his/her guardian.
3– Exploitation: Getting advantage of the victim of crimes of abduction and trafficking in persons through employment, selling, engaging in sexual, criminal activities, provision of pictures and movies that are prejudicial to public morality (pornography), armed conflicts, forced labor or removal his/her organ or body tissues or conducting medical and health examinations and forcing him/her into other illegal activities.
(1) Any person who commits human trafficking offence, in accordance with circumstances shall be sentenced to long imprisonment not more than 8 years.
(2) If the victim is a child or a female, the perpetrator shall be sentenced to long imprisonment not less than 12 years.
(3) If adultery or pederasty is taken place against victim, the perpetrator in addition to punishment prescribed for the human trafficking crime shall be also convicted to the punishment of adultery or pederasty crime.
Article 2
“Fighting against customs, traditions and practices that cause violence against women contrary to the religion of Islam,” and preventing and prosecuting violence against women.
Article 3
The following terms in this law have the following meanings:
Article 5
Lists 22 acts, the commission of which constitutes violence against women: rape; forced prostitution; publicising the identity of a victim in a damaging way; forcing a woman to commit self-immolation; causing injury or disability; beating; selling and buying women for the purpose of or under pretext of marriage; baad (retribution of a woman to settle a dispute); forced marriage; prohibiting the choice of a husband; marriage before the legal age; abuse, humiliation or intimidation; harassment or persecution; forced isolation; forced drug addiction; denial of inheritance rights; denying the right to education, work and access to health services; forced labour and marrying more than one wife without observing Article 86 of the Civil Code.
Article 24
Selling and buying women for Purpose or under the pretext of marriage : A person who sells a woman for the purpose or under the pretext of marriage, or purchases a woman or act as intermediary in the process, the perpetrators shall, depending on the circumstance, be sentenced to long- term imprisonment not exceeding 10 years.
Article 25
Baad (Retribution of woman for a murder, blood money etc):
Article 26
Forced Marriage: If a person gets a woman engaged or married who has reached the legal marriage age without her consent, the perpetrator shall, depending on the circumstances, be sentenced to medium-term imprisonment not less than 2 year, and the engagement and marriage is invalid, according to the provision of the law.
Article 27 Prohibition of Marriage Right:
If a person prohibits marriage of a woman, the offender shall, depending on the circumstances, be convicted to short- term imprisonment.
Article 28
Underage Marriage: If a person marries a woman who has not reached the legal marriage age, without considering the provision of Article 71 of Civil Code, the offender shall, depending on the circumstances, be sentenced to mid- term imprisonment of not less than 2 years and the marriage contract shall be cancelled at the request of the woman.
Article 38
Denial of Relationship: A person, who denies a relationship with a woman in order to deprive her of inheritance or other legal rights, and her relationship is proven by verdict of the court, the offender shall, depending on the circumstances, be sentenced to short- term imprisonment not exceeding 6 months.
Article 39
Prosecution:
Article 40
Complicity
The abettor of a crime stipulated under this chapter, shall be punished according to the provisions of Article 39, 41 and 48 of the Penal Code.
Article 41
Compensation
Perpetrators of crimes of this law shall, beside the prescribed punishments, be sentenced to payment of compensation.
Article 19
With respect to subjective conditions of the validity of marriage, laws of the state of each spouse are applicable; and as regards conditions pertaining to the form of marriage, the law of the country shall be abided in which the marriage takes place.
Article 20
(1) With respect to effects of marriage including financial affairs, the laws of the state of which the husband is a citizen at the time of the marriage contract shall be applicable.
(2) With respect to divorce, the laws of the state of which the husband is a citizen at the time of the divorce shall be applicable.
(3) With respect to separation, the law of the state of which the husband is a citizen while filing the suit shall be applicable.
Article 21
Under circumstances defined in Articles 19 and 20 of this Act, if one of the spouses at the time of the marriage contract is an Afghan citizen, except the condition of capacity, the provisions of the law of Afghanistan shall be applicable only.
Article 60
Marriage is a contract which legalizes intercourse between man and woman with the object to establish a family, and it establishes rights and obligations for both parties.
Article 66
Marriage contract shall be concluded with explicit offer and acceptance, in a single meeting that denotes immediacy and permanency, without time limit.
Article 67
Marriage shall not be concluded if subjected to an unrealized condition or a time in future.
Article 68
If a condition is included in marriage contract that is against law and purposes of marriage, the contract shall be valid but the condition shall be void.
Article 69
In swap marriage contracts, female shall not be swapped by the another female, and a customary dowry has to be fixed for each of the females.
Article 70
Capacity to marry shall be complete when males attain 18 and females 16 years.
Article 71
(1) Where the girl does not complete the age provided under Article 70 of this law, the marriage may be concluded only through her father or the competent court.
(2) The marriage of a minor girl whose age is less then 15 shall never be permissible.
Article 77
The following conditions are essential for validity and enforceability of marriage contracts:
1 – Performance of correct offer and acceptance by the parties their guardians or their agents.
2 – Presence of two competent witnesses.
3 – Absence of permanent or temporary legal impediment between the marrying male and female.
Article 80
Marriage contract of major and discerning girl without the agreement of her guardian shall be effective and binding.
Article 82
The marriage of a person to the widow of one of his ancestor and to the widow of his descendants shall be permanently prohibited. Similarly, the marriage of a person to XXXX of his wife is absolutely forbidden and to the descendants of his wife is permanently prohibited.
Article 85
In the following cases, temporary prohibition shall arises:
1 – Marrying with two women, whom if one of them were man their marriage would be forbidden.
2 – Three time divorcee before she marries another person.
3 – Married woman or woman in her divorce period of waiting.
4 – Woman who has been accused of adultery until she denies her husband’s assertion.
5 – Woman who is not believer of one of the four books.
Article 86
Marriage with more than one woman is permissible upon realization of the following circumstances:
1 – When there is no fear of injustice among the wives.
2 – When the person has sufficient financial ability to sustain alimony of the wives, such as food, clothing, residence and appropriate medical treatment.
3 – When there is a legitimate interest, such as infertility of the first wife or her having difficultly curable illnesses.
Article 94
If after an invalid marriage, before consummation and its preparations, the couple separate, this shall not cause prohibition of marriage.
Article 95
None of the effects of a valid marriage shall apply to void marriage, even if it is consummated.
Article 96
A marriage which has taken place with offer and acceptance but some of its conditions have not been fulfilled shall be incomplete and thus shall not be subject to any rights and obligations thereof.
Article 97
An incomplete marriage prior to copulation shall be considered invalid.
(2) If copulation takes place during incomplete marriage, payment of marriage portion, proof of lineage, prohibition of marriage to immediate female in-laws, passage of divorce period by the wife and providing of maintenance XXXX the wife by the husband shall be affected.
Article 132
Rescission is breach of marriage contract due to occurrence of disruptions during conclusion of the contract or after that, in such a way that it prevents continuation of marriage.
Article 133
Cases mentioned in Article (132) of this Law that causes rescission of marriage are as follows:
1 – Disruptions at the time of conclusion of marriage contract arise from the following causes:
a – Lack of one of the validity conditions of marriage contract.
b – Option of discernment
c – Shortage of dowry compared to customary dowry.31
2 – Disruptions after conclusion of marriage contract that prevents continuity of marriage derive from the following causes:
a – Prohibition of marriage
b – Accusing wife of adultery (La’aan)
c – Refusal of wife believing in one of the four books to convert to Islam when her husband has converted to Islam.
Article 134
(1) Rescission of marriage contract in both cases mentioned in Article (133) of this Law shall happen upon final ruling by the competent court.
(2) Rescission of marriage contract on the basis of the causes mentioned in the second Item of the mentioned Article shall also be permissible upon consent of the spouses, without a court ruling.
ARTICLE 1
A marriage proposed and accepted by willing parties should be made in the presence of witnesses in accordance with the provisions of the honorable Sharia (Islamic law). The wedding ceremony is invalid if it is done according to custom and tradition prior in the marriage contract.
ARTICLE 3
The marriage of a bride and groom who have not reached the age of maturity, cannot be considered a XXXX marriage. The age of the groom is fixed by his identity card. For the age of the bride, the court will take into account the information given by the bride or her parents.
ARTICLE 19
A marriage contract for a minor, in the absence of the permission of a Sharia wali (custodian) or a legal marriage certificate, is not valid.
ARTICLE 20
Whenever the wali of the bride or bridegroom has a bad moral reputation and the marriage is not of foreseeable benefit to the minor boy or girl, the marriage is not to be held. If the marriage of the minor boy or girl is for the material use of the wali, the marriage contract is invalid.
ARTICLE 21
A marriage contract cannot be taken in lieu of debt or bud (blood money).
ARTICLE 22
An Afghan mussulman woman may not marry other than a mussulman.
ARTICLE 24
If the bride is divorced or widowed at the time of the new marriage, notice of the Sharia divorce certificate or proof of the death of the former husband by two citizens is required, and must be registered in the marriage certificate.
No one, including the relatives of the deceased husband, has the right to contract the widower to anyone without her consent, or to prevent her from (making) a Sharia contract.
ARTICLE 32
To give a Sharia divorce is the right of a husband. The husband may surrender the power of divorce to his wife by a Sharia document.
ARTICLE 1
A marriage contract shall be concluded according to the principles of the religious law and with the consent of both the man and the woman, who are being married. After the proposal and acceptance by the man and the woman, the wedding ceremony shall be performed in the presence of the priest who conducts the ceremony, the witnesses, and the relatives of both parties.