Afghanistan
Religious (Islamic) law is a leading source
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Afghanistan's legal order has changed greatly since 2021. The Constitution of 2004 is no longer applied by the authorities who control the country, who say they follow their own interpretation of Islamic law. This profile gives the historical structure and does not describe how courts work today.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- Before 2021: the Constitution of 2004, with Islamic law (Hanafi school) and statutes, such as the Civil Code of 1977
- Customary law, especially in rural areas
- Since 2021: decrees and rulings of the de facto authorities, based on their reading of Islamic law
The main courts
- Before 2021: a Supreme Court, appeal courts and primary courts
- Today, the formal structure is set by the de facto authorities
- Local councils (jirgas and shuras) have long settled many disputes
Becoming a lawyer
Before 2021, a law or Sharia degree and a licence from the Ministry of Justice, with a defenders' association. The profession has been greatly changed since.
What may surprise you
- Traditional councils, called jirgas, have settled most disputes for centuries.
- Most states do not recognise the present authorities as the legitimate government.
- Its old Civil Code (1977) drew on Egyptian and other Arab models as well as Islamic law.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists Afghanistan as: Muslim. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
- JuriGlobe: world legal systems (University of Ottawa)
- Constitute Project: constitution of Afghanistan
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Afghanistan, consult a lawyer qualified there. Report a mistake.
