Afghanistan

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.

Afghanistan Penal Code (English) PDF. 

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.  

Afghanistan Trafficking Law (English) PDF. 

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: 

1. Woman: An adult or underage female.
2. Violence: committing those acts mentioned in Article 5 of this law that causes damage to the personality, body, property or soul of woman.
3. Rape: Perpetrating adultery and pederasty with an adult or under age woman under duress or attack to the chastity and honor of a woman.
4. Baad: Marrying a woman to someone as blood price or to achieve peace linked to murder, sexual violence or other circumstances to observe indecent customs and traditions.
5. Contempt: Committing acts, gestures or using words that result in degrading the personality of woman.
6. Intimidation: performance of acts or gestures or using words that result in fear and intimidation of woman.
7. Annoyance: use of words or committing acts by any means or manner that cause damage to the personality, body and soul of woman.
8. Forced isolation: Deterring a woman from visiting her close relatives (legal mahrams).
9. Preventive measures: Practical measures that are put in place to eliminate the causes of violence and prevent them from happening.
10. Supportive measures: Practical measures that are put in place to protect the victim of violence.

 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): 

1. If a person gives or takes a woman for marriage in retribution for a Baad, the perpetrator shall, depending on the circumstances, be sentenced to long- term imprisonment not exceeding 10 years.
2. In such case under paragraph (1) of this Article, the involved persons (witnesses, counsel, mediator and solemnizer of marriage) shall, depending on the circumstance, be sentenced to a medium-term imprisonment, and the marriage contract shall be considered invalid at the request of the woman, according to the provisions of law.

 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: 

1. Adjudication of law suits and prosecution of perpetrators of crimes stipulated in Articles 22 – 39 of this law shall be done based on the complaint filed by the victim or her attorney. 

2. The victim may withdraw her case at any stage of judicial proceedings (detection, investigation, trial or conviction) in circumstances mentioned in paragraph 1 of this Article. In this case, the adjudication process and punishment shall be stopped. 

 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.