Business law in Afghanistan

Legal Framework

Independence of Justice

Article 116 of the Constitution of Islamic Republic of Afghanistan guarantees independence of justice. However, the judicial system is still recovering from the civil war and the Taliban rule.

Equal Treatment of Nationals and Foreigners

Kidnappings, hostage takings and suicide bombings can target foreigners and the judicial system has not recovered enough to provide full protection or impartial treatment.

The Language of Justice

Pashto and Dari are the official languages of the state and the legal system. In areas where the majority of the people speak in any one of Uzbeki, Turkmani, Pachaie, Nuristani, Baluchi or Pamiri languages, any of the aforementioned language, in addition to Pashto and Dari, is also considered an official language.

Recourse to an Interpreter

It is possible and recommended to have an interpreter in Afghanistan.

Sources of the Law and Legal Similarities

Afghan law is a combination of Islamic law (sharia), state legislation and local customary law. The Constitution entered into force in 2004 in the aftermath of Taliban rule. According to this Constitution, Afghanistan is an independent, unitary, and indivisible Islamic republican state and no law may be repugnant to the beliefs and ordinances of Islam. The Civil Code is a codification of the Hanafi school of law, with inclusion of some provisions of the Maliki school of law. The Interim Criminal Procedure Code was prepared by the Italian Justice Project Office. The Commercial Code is based on the Turkish Commercial Code. Afghanistan has also ratified many international agreements, including CEDAW, CAT, CRC, CERD, CESCR and the ICCPR.

Checking National Laws Online

Supreme Court of Afghanistan