ENGLISH TRANSLATION SHIITE PERSONAL STATUS LAW APRIL 2009 This publication was produced for the United States Agency for International Development (USAID) by the staff of USAID’s Afghanistan Rule of Law Project (ARoLP). This is an unofficial translation and does not imply validity of the law or any provision thereof. No representation as to the accuracy of this translation is made by the United States government, including USAID or ARoLP. The official authoritative text of the law of Afghanistan can only be found in the original and official printed publications of the Government of the Islamic Republic of Afghanistan (GIRoA) in their respective Dari and Pashto versions. The validity, enforceability or legal effect of the law is solely determined by the GIRoA through its ministries, agencies and courts. 1 General Administrative Affairs Department Department of Parliamentary Affairs and Taqneen Annex 265 Number: 51141828 Date: 11/23/1387 To: Esteemed Department of the House of the Elders! The House of Representatives during its general session dated 11/19/1387 approved the personal status law of the Shiite sect of Islam as following: “The Supreme Court of Afghanistan based on article one hundred thirty one of the Constitution shall provide the opportunity for the implementation of the Shiite personal status law, after consensus by the Shiite and Sunni scholars with omission of some of the article, includes 249 articles. “This order does not require a separate court or separate judges.” Regards, Mohammad Younis Qanuni Speaker of the Lower House 2 ule of n R L a aw st i P n a r o h j e g c f t A This publication was produced for the United States Agency for International Development (USAID) by the staff of USAID’s Afghanistan Rule of Law Project (ARoLP). This is an unofficial translation and does not imply validity of the law or any provision thereof. No representation as to the accuracy of this translation is made by the United States government, including USAID or ARoLP. The official authoritative text of the law of Afghanistan can only be found in the original and official printed publications of the Government of the Islamic Republic of Afghanistan (GIRoA) in their respective Dari and Pashto versions. The validity, enforceability or legal effect of the law is solely determined by the GIRoA through its ministries, agencies and courts. Original text Amendments Chapter 6 Chapter 6 is omitted completely Temporary Marriage Paragraph 7, article 71 (7) A divorced wife who has not had sexual (7) a divorced childless wife who has not had intercourse does not have edat [the waiting period]. sexual intercourse or is a minor [child] does not have (edat) [the waiting period] Paragraph 3, article 194: Paragraph 3, article 194: A mother gets preference over the father to have A mother gets preference over the father to have custody of her daughter until age 7 and that of her custody of her daughter until age 9 and that of her son’s until age 2. After that the child’s custody son’s until age 7. After that the child’s custody belongs to the father. belongs to the father. Paragraph 9, article 224: Article 224: (9) If the inheritor of a deceased person is a From article 9 the following words shall be omitted. paternal step sister or a maternal step sister, she - Or one maternal sister or several maternal will inherit ½ and if several paternal and maternal sisters. sisters are the inheritors 2/3 will be inherited. Additions: … Paragraph 10 of this article shall be changed to paragraph 11. (10) If an heir of a deceased person is a maternal sister she will inherits 1/6 and if there is no other heirs, she is entitled the remainder. And if the heirs are two or several maternal sisters, 1/3 is inherited as Farz or fixed share and if there is no other heirs they can inherit the remainder by relations. Paragraph 2, article 90: Omitted Chapter 4 (1) The legal marriage age for a female is 16 and for a Condition for the legality of marriage contract male is 18 (based on the solar calendar). Legality of incapacitated persons (2) Approval of adolescence and legal capacity, for Article 99 (1): marriage prior to the mentioned ages, by guardian (1) The marriage contract of a minor male and a before the court is possible [valid]. minor female and insane male and insane (3) The marriage contract of minor male and minor female by compulsory guardian (who has best female and insane male and insane female, interest of the ward), or authorized custodian or without necessity and if not in the best interest of [marriage] by court in the absence of a the ward contracted by the guardian in a court, is compulsory guardian and authorized custodian prohibited. while considering the interest of the ward is (4) Minor male and female after legal adolescence legal. and insane male and female after cure can revoke (2) Minor male and female after legal adolescence the marriage contract which was contracted by and insane male and female after persons mentioned in paragraph one of this article gaining/regaining sanity can revoke the marriage contract which was contracted by persons mentioned in paragraph one of this article. Article 133: addition………. Paragraph 5 is changed to paragraph 6 of this 3 ule of n R L a aw st i P n a r o h j e g c f t A This publication was produced for the United States Agency for International Development (USAID) by the staff of USAID’s Afghanistan Rule of Law Project (ARoLP). This is an unofficial translation and does not imply validity of the law or any provision thereof. No representation as to the accuracy of this translation is made by the United States government, including USAID or ARoLP. The official authoritative text of the law of Afghanistan can only be found in the original and official printed publications of the Government of the Islamic Republic of Afghanistan (GIRoA) in their respective Dari and Pashto versions. The validity, enforceability or legal effect of the law is solely determined by the GIRoA through its ministries, agencies and courts. article. (5) A wife can leave the house for legal purposes to the extent that local custom allows. Husband and wife can prevent each other from any action that is deemed against the Sharia and the law. Table of Contents Part I: Competence and Personality Chapter one: General provisions.................................................................................. 5 Chapter two: Competency............................................................................................ 5 Chapter three: Absent (missing) persons ....................................................................... 7 Chapter four: Legal Incompetence................................................................................ 11 Chapter five: Guardianship........................................................................................... 16 Part II: Family Chapter one: Relationship............................................................................................ 21 Chapter two: Marriage proposal & engagement .......................................................... 22 Chapter three: Obstacles to Nekah ................................................................................. 24 Chapter four: Conditions for validity of marriage contract .......................................... 27 Chapter five: Effects of marriage contract ................................................................... 30 Chapter six: Temporary Marriage............................................................................... 38 Chapter seven: Dissolution of marriage contract ............................................................ 40 Chapter eight: Maintenance ........................................................................................... 51 Chapter nine: Children .................................................................................................. 55 Part III: Provisions of Will, Inheritance, Devotion & Gift Chapter one: Will ......................................................................................................... 60 Chapter two: Inheritance ............................................................................................. 65 Chapter three: Endowment and management of benefits............................................... 78 Chapter four: Gift.......................................................................................................... 82 4 ule of n R L a aw st i P n a r o h j e g c f t A This publication was produced for the United States Agency for International Development (USAID) by the staff of USAID’s Afghanistan Rule of Law Project (ARoLP). This is an unofficial translation and does not imply validity of the law or any provision thereof. No representation as to the accuracy of this translation is made by the United States government, including USAID or ARoLP. The official authoritative text of the law of Afghanistan can only be found in the original and official printed publications of the Government of the Islamic Republic of Afghanistan (GIRoA) in their respective Dari and Pashto versions. The validity, enforceability or legal effect of the law is solely determined by the GIRoA through its ministries, agencies and courts. In the name of Allah, the Beneficent, the Merciful Shiite Personal Status Law Competence and Personality PART I: COMPETENCE AND PERSONALITY CHAPTER ONE: GENERAL PROVISIONS The Basis Article 1: This law has been enacted in accordance with article 131 of the Constitution of Afghanistan for regulating the Shiite Personal