Encyclopedia of Women & Islamic Cultures

Get access

Law: Modern Family Law, 1800–Present: Afghanistan
(1,123 words)

As a Muslim nation, Afghans consider the Sharīʿa, and specifically Ḥanafī fiqh , as the basis of their laws. However, as a tribal society, they have held onto pre-Islamic codes and local customary practices. The line between the two has gradually blurred.

Family law in Afghanistan has developed parallel to the development of the state and political changes. From the inception of the modern Afghan state in 1747, matters pertaining to family law were settled on an ad hoc basis, either in Sharīʿa courts or in tribal assemblies. It was Amīr…

Cite this page
Malikyar, Helena, “Law: Modern Family Law, 1800–Present: Afghanistan”, in: Encyclopedia of Women & Islamic Cultures, General Editor Suad Joseph. Consulted online on 29 January 2023 <http://dx.doi.org/10.1163/1872-5309_ewic_EWICCOM_0114a>
First published online: 2009

▲   Back to top   ▲