Inheritance & wills in Afghanistan

The Civil Code of Afghanistan 1977 (still in force in substance) codifies classical Sunni Hanafi faraid for the Sunni majority; Shia (mostly Hazara) follow Jaʿari faraid under the Shia Personal Status Law 2009. Tribal jirga adjudication remains common in rural areas.

Written wasiyyah valid up to one-third of the estate, signed and witnessed by 2 trustworthy adult Muslim males (Civil Code Arts. 1992 ff.). Oral wasiyyah is recognised but harder to prove.

Optional registration at the Notary Public (Mahkama-i ʿAdli) or at the local Primary Court (Mahkama-i Ibtidai'i). Mosque-level imams often serve as informal custodians of family wills.

2 adult Muslim male witnesses, or 1 male + 2 female. Beneficiary witnesses void their own portion.

Collecting authority

Ministry of Hajj & Religious Affairs · Local mosque ʿulama councils

Tax relief

No formal income-tax deduction; voluntary individual giving distributed through mosques.

Maximum relief

N/A (no formal tax framework currently in force)

Notes

Zakat collection has historically been informal and mosque-led. The Ministry of Hajj publishes annual Nisab guidance in AFN. Significant remittance inflows from the diaspora are typically routed via the Da Afghanistan Bank or hawala networks.

Classical Sunni Hanafi faraid (or Jaʿari for Shia) — no civil-code override.

Heirs apply to the Primary Court for a Certificate of Heirship (Wathiqa-i Hasr-i Wirathat). The court issues distribution orders to banks, registry offices and land courts.

The Council of Ulama (Shora-i ʿUlama) issues binding fatwas on disputed cases. Hanafi muftis at Dar al-Ifta Kabul regularly publish answers on inheritance questions for the general public.

• Rural jirga rulings may exclude women in contravention of the Civil Code — Quranic shares (daughter, wife, mother) must be specifically asserted.
• Land title disputes after 1979 are common — verify any inherited land claim against the modern Land Authority (ARAZI) records.
• Cross-border refugees: register a will in your country of residence in addition to any Afghan-side document.

• Supreme Court of Afghanistan
• Ministry of Hajj & Religious Affairs

• Is Islamic inheritance (faraid) legally recognised in Afghanistan?

  The Civil Code of Afghanistan 1977 (still in force in substance) codifies classical Sunni Hanafi faraid for the Sunni majority; Shia (mostly Hazara) follow Jaʿari faraid under the Shia Personal Status Law 2009. Tribal jirga adjudication remains common in rural areas.

• What makes an Islamic will (Wasiyyah) legally valid in Afghanistan?

  Written wasiyyah valid up to one-third of the estate, signed and witnessed by 2 trustworthy adult Muslim males (Civil Code Arts. 1992 ff.). Oral wasiyyah is recognised but harder to prove.

• Where do I register my will in Afghanistan?

  Optional registration at the Notary Public (Mahkama-i ʿAdli) or at the local Primary Court (Mahkama-i Ibtidai'i). Mosque-level imams often serve as informal custodians of family wills.

• Does Afghanistan have forced-heirship rules that override an Islamic will?

  Classical Sunni Hanafi faraid (or Jaʿari for Shia) — no civil-code override.

• How does probate work in Afghanistan?

  Heirs apply to the Primary Court for a Certificate of Heirship (Wathiqa-i Hasr-i Wirathat). The court issues distribution orders to banks, registry offices and land courts.

• How many witnesses do I need for a will in Afghanistan?

  2 adult Muslim male witnesses, or 1 male + 2 female. Beneficiary witnesses void their own portion.

• What are the most common Islamic-will pitfalls in Afghanistan?

  Rural jirga rulings may exclude women in contravention of the Civil Code — Quranic shares (daughter, wife, mother) must be specifically asserted. Land title disputes after 1979 are common — verify any inherited land claim against the modern Land Authority (ARAZI) records. Cross-border refugees: register a will in your country of residence in addition to any Afghan-side document.