LGBT Rights in Afghanistan - Family Law

Family Law

The Afghanistan Law of Marriages (1971) stipulates that a legal marriage must be two Muslim adults of the opposite sex, and that it must meet the rules of Islamic law. While the law does not explicitly address the issue of same-sex couples, Article 41 of the Marriage Law stipulates that where the law is silent on a particular issue, it shall be decided based on the principles of Islamic law. Hence, Afghanistan family law does not recognize same-sex marriages, civil unions or domestic partnerships. Likewise The Afghanistan Law on Marriages Weddings and Circumcision (1949) speaks of marriage as something between a Muslim man and woman and states that marriages must follow Islamic law.

Article 430 states that it shall be treated as "Instigation of Delinquency" if an adult promotes or assists in the act of minors (under 18) being involved in the act of adultery, homosexuality or prostitution.

In 2007, the Sydney Morning Herald reported that a Pashtun tribesman fell in love with and 'married' a 16 year old boy – both of whom subsequently faced summary execution in Pakistan after his "unholy union" provoked outrage among Islamic leaders. Local reports said the boy's family, who are extremely poor, agreed to the union after Liaquat, an Afghan refugee, paid a dowry of 40,000 Pakistani rupees ($885) – a huge sum. However, as news of the scandal leaked out, Afridi tribal elders convened an emergency jirga (tribal council) on Wednesday to decide how to respond to the "immoral and shameful act".