[Home] [Databases] [WorldLII] [Search] [Feedback] Afghan Laws

You are here:  AsianLII >> Databases >> Afghan Laws >> Law on Marriage, Weddings, and Circumcision - 1949

[Database Search] [Name Search] [Noteup] [Download] [Help]

Law on Marriage, Weddings, and Circumcision - 1949

LAW OF MARRIAGE, WEDDINGS,

AND CIRCUMCISION

8 Hamal 1328

Introduction

In order to put a stop to the unlawful ceremonies, competition, hypocrisy and useless expenses in marriage, wedding and circumcision celebrations, and in order to carry out the provisions of these regulations, after having explained them to the people, the governors, alakadars, mayors, and heads of villages are responsible and charged with arranging meetings of religious scholars and dignitaries from time to time in which they shall personally participate and explain to the people the great damage caused by these ceremonies and the great expenses which are contrary to law and to the economic interests and the morals of the people. The scholars and dignitaries in turn shall try to give the necessary information to the people in every locality, namely, that the harmful ceremonies should be dropped and that the people should avoid XXXX. Thus, the governors, alakadars, heads of villages, mayors of cities, and officials of small districts shall distribute copies of these regulations to the local populations. The latter shall receive the written information and know their legal responsibility and moral obligation and shall not set contrary to it. The high authorities and competent officials shall from time to time investigate, so that persons who act contrary to the provisions of these regulations are turned over to a Sharia court for punishment.

ARTICLE 1: A marriage contract shall be concluded according to the principles of the religious law and with the consent of both the man and the woman, who are being married. After the proposal and acceptance by the man and the woman, the wedding ceremony shall be performed in the presence of the priest who conducts the ceremony, the witnesses, and the relatives of both parties.

ARTICLE 2: It shall be forbidden to arrange a party before the marriage; any gathering must be in accordance with the aforementioned details of a wedding ceremony.

ARTICLE 3: The bride’s clothing shall be supplied by the bridegroom. He shall buy as much as necessary, but he cannot be required to give beyond his means.

ARTICLE 4: At the wedding ceremony, which is to be performed in accordance with Article 1, it shall be forbidden to serve too many sweets, to give handkerchiefs, and to serve sugar in the month of Ramazan. Moreover, at the party after the wedding ceremony, it is forbidden to serve more sweets than necessary. If the man wishes to arrange some kind of party on the eve of the Henna ceremony, there is no objection. He must, however, avoid extravagant expenses in consideration of social property.

ARTICLE 5: It is forbidden (for the bride) to receive money as a gift in addition to the legal marriage portion.

ARTICLE 6: If it has been established that the proposal and acceptance took place between the bridegroom and the bride in accordance with the Sharia, but the bride’s father or other wali (guardian) refuses to give her to the bridegroom because the latter has not given any gifts, the bridegroom, in order to secure his rights, shall turn to the Government for assistance, and the competent officials shall advice the father or other guardian of the bride that he must fulfill the XXXX agreement. If the father or the guardian does not listen, the Government has the authority to give the bride to the bridegroom.

ARTICLE 7: It is forbidden to present XXXX gifts and money at the wedding ceremony. If the father or the relatives of the bride wish to give the bride gifts, such as jewelry or other ornaments after the end of the wedding feast, they are permitted to do so.

ARTICLE 8: Other customs, such as giving feast money, garments, or other things, are forbidden.

ARTICLE 9: Very expensive circumcision ceremonies are forbidden.

ARTICLE 10: In order to carry out the provisions of these regulations, the mayors of the cities, the governors the XXXX, the heads of villages, the officials of sub-districts, and the XXXX of every village and city shall investigate persons who act contrary to the regulations and have them punished by judges in courts of the first instance.

ARTICLE 11: If the officials mentioned in the proceeding article as responsible for the enforcement of the provisions of these regulations have neglected their duties and the provisions of these regulations by not establishing the absolute guilt of the persons, or if they have interpreted the rules for their own interest and consequently XXXX public displeasure, they shall be tried by competent high officials according to the disciplinary regulations of courts for public officials and punished in accordance with the degree of the offense.

ARTICLE 12: The Ministries of interior and Justice and the mayors of the cities are charged with the prosecution and supervision of the enforcement of the provisions of these regulations.

After publication of these regulations the provisions of the Marriage Regulations dated XXXX Saur 1313 are abrogated.