Family
Hanafi fiqh applied directly, with severe restrictions on women
The 1977 Civil Code chapters on marriage and divorce remain nominally in force but are applied through Hanafi jurisprudence. The 2009 Elimination of Violence Against Women law is no longer enforced and its dedicated courts were closed.
Governing law
- Civil Code of Afghanistan (1977) (arts. 60-256)
- Elimination of Violence Against Women Law (2009) — NOT enforced
In practice
Marriage requires the bride's guardian in practice regardless of the Civil Code's minimum-age provisions, and the specialised prosecution units for violence against women were dissolved. Divorce is far easier for a husband (talaq) than for a wife, who must show statutory grounds before a judge. Women's access to court without a male representative is heavily restricted.