Afghanistan Legal Stage Entrance Exam cheat sheet

The Constitution of Afghanistan (2004) comprises 162 articles across 12 chapters; Article 6 obliges the state to observe the UN Charter and human rights instruments.

Article 2 declares Islam the sacred religion; Article 3 states no law may contravene the sacred religion of Islam and its provisions.

Article 5 recognizes the Nation as the source of sovereignty, exercised directly or through elected representatives.

Article 22 prohibits discrimination and grants equal rights and duties before the law to all citizens.

Article 149 bars amendment of the fundamental tenets of Islam or the republican/Islamic character of the state.

The President is elected by majority of valid votes; if no candidate wins a majority, a second round is held between the top two (Article 61).

The Wolesi Jirga (lower house, 249 members) may summon ministers and pass no-confidence votes; the Meshrano Jirga (upper house) reviews legislation.

The Supreme Court has authority to review laws against the Constitution; ordinary courts apply statutes but may refer constitutional conflicts upward.

The Civil Code (1977) governs obligations: a contract requires offer, acceptance, and lawful object; consent must be free from duress, fraud, and mistake.

Article 1 of the Civil Code directs courts to apply statutory provisions; where silent, they apply Islamic jurisprudence (Hanafi) as a supplementary source.

A civil claim is time-barred after 15 years unless a shorter special period applies; prescription is interrupted by acknowledgement or suit.

Jurisdiction: the defendant's domicile is the general forum; contract claims may be filed where performance is due or the contract was made.

The plaintiff bears the burden of proving the elements of the claim; the defendant bears the burden of affirmative defenses.

Default judgment (judgment in absentia) is available where a duly summoned defendant fails to appear, but is subject to objection within the statutory period.

Judgments become enforceable after becoming final (res judicata) or upon provisional enforcement order; appeals suspend execution unless otherwise ordered.

Pleadings must state facts, legal grounds, and the relief sought; the court may order amendment of defective pleadings rather than dismiss.

The Penal Code (2017) codifies the legality principle: no punishment without a prior legal provision (nullum crimen sine lege).

Crimes are classified as hudud, qisas, diyat, and ta'zir; ta'zir punishments are discretionary and set by statute.

Criminal liability requires actus reus (unlawful act) plus mens rea (intent or negligence as specified by the offense).

Attempt is punishable where the statutory elements of attempt are met and the offense carries a penalty above a defined threshold.

The Criminal Procedure Code (2014) grants the accused the right to counsel, to remain silent, and to be informed of charges.

Pre-trial detention is subject to statutory maximums and judicial review; detention beyond limits is unlawful.

The prosecution bears the burden of proof; doubt is resolved in favor of the accused.

Appeals must be lodged within statutory deadlines (typically 20 days for ordinary judgments); cassation review lies with the Supreme Court.

The Commercial Code (1955) governs traders, commercial acts, and commercial obligations; a trader is a person habitually engaging in commercial acts.

Commercial registration with the central registry is a condition for the legal personality of companies and for certain trader rights.

Company forms include the joint stock company (sherkat-e sahmi), limited liability company, partnership, and limited partnership.

A joint stock company requires a board of directors and a general assembly; the general assembly approves annual accounts and dividends.

Commercial paper (bills of exchange, promissory notes, checks) is governed by the Commercial Code; endorsement transfers rights by delivery plus endorsement.

Bankruptcy (iflas) proceedings are opened by court order where a trader ceases payment; a trustee administers the estate.

The Commercial Code recognizes agency, brokerage, and commission contracts; agency authority is limited by the terms of the mandate.

Marriage requires offer, acceptance, and the presence of witnesses; registration with the civil registry is required for legal effect.

The minimum marriage age is 16 for girls and 18 for boys, subject to judicial authorization for younger parties in defined circumstances.

Marriage requires the consent of both parties; the bride's consent must be freely given (Article 66 of the Civil Code family provisions).

Mahr (dowry) is a mandatory effect of marriage; the wife has an exclusive right to it.

The husband bears maintenance (nafaqa) obligations; the wife may seek judicial divorce (tafrik) on statutory grounds such as harm, absence, or non-maintenance.

Custody (hadana) prioritizes the mother for young children, subject to the best interests of the child; guardianship (wilaya) rests with the father.

Inheritance shares are set by the Civil Code in accordance with Hanafi rules; a will (wasiyat) may dispose of up to one-third of the estate.

The Civil Code recognizes ownership (mulk), usufruct (intifa), use (sukna), and servitude (irtifaq) as real rights.

Ownership is the right to use, enjoy, and dispose of property absolutely, subject to legal restrictions and the rights of others.

Land registration (qabala/registry) evidences title; unregistered land is governed by customary and statutory rules of possession.

The Land Management Law (2017) regulates state land, private land, and land distribution; state land cannot be acquired by prescription.

Prescription (acquisitive) requires possession in good faith, continuous, and public for the statutory period; it cannot run against state property.

Co-ownership (musha) is presumed equal unless evidence shows otherwise; partition may be demanded by any co-owner.

Lease (ijara) transfers use, not ownership; the lessee must pay rent and return the property at the end of the term.

Mortgage (rahn) is a security right over immovable property; the creditor may enforce by sale after default and judicial process.

Administrative acts are valid where issued by a competent authority, for a lawful purpose, following prescribed procedure, and with a lawful object.

Grounds for annulment include lack of competence, procedural defect, error of law, and abuse of discretion.

Administrative decisions affecting rights must state reasons and be notified; failure to notify affects enforceability.

The Administrative Review Board (and administrative courts) hear complaints against administrative acts; complainants must first exhaust internal remedies where required.

Public officials are liable for unlawful acts; the state may be liable for harm caused by its agents in the exercise of public functions.

Government procurement is governed by the Procurement Law; tenders must follow competitive, transparent procedures.

Access to information and the right to a reasoned decision are procedural protections against arbitrary administration.

The Labor Law (2007) applies to employees in private and mixed sectors; it sets minimum working age at 18 for hazardous work and 15 for light work with limits.

Standard working time is 40 hours per week; overtime is compensated at a premium rate (typically 1.25x or as prescribed).

An employment contract may be fixed-term or indefinite; termination requires statutory grounds and notice or pay in lieu.

Employees are entitled to annual leave (typically 20 days), sick leave, and maternity leave under the Labor Law.

Wages must be paid at least monthly and meet the statutory minimum wage set by the government.

The Labor Disputes Board and courts resolve disputes; conciliation is a prerequisite in defined cases.

Social security covers pensions, disability, and work injury under the Social Security Law; employers must register employees and contribute.

Burden of proof rests on the party asserting a fact; the standard in civil cases is preponderance, in criminal cases proof beyond reasonable doubt.

Admissible evidence includes documents, testimony, expert opinion, inspection, and confession; evidence obtained by coercion is inadmissible.

Documentary evidence prevails over oral testimony where the document is authentic and directly contradicts the oral claim.

Witness testimony requires competence (age, mental capacity) and credibility; the number of witnesses is set by the applicable rule.

An advocate must maintain confidentiality, avoid conflicts of interest, and not represent both sides of a dispute.

Advocates must not mislead the court, fabricate evidence, or communicate ex parte with the court; fees must be disclosed.

The bar association (Independent Bar Association) regulates admission, discipline, and professional conduct of advocates.

A pleading should identify parties, state material facts chronologically, cite legal grounds, and specify the relief sought.

Contracts should define parties, recitals, operative obligations, conditions, remedies, and governing law and dispute resolution.

Use defined terms consistently; avoid ambiguity by using the same term for the same concept throughout the document.

A legal memorandum follows IRAC: Issue, Rule, Application, Conclusion; each conclusion must be supported by authority.

Oral advocacy: open with a clear theory of the case, address the strongest counterargument, and answer questions directly.

Citation should identify the source (statute, article, case) precisely so the reader can verify it.

Drafting should avoid legalese and ambiguity; use active voice and short sentences for clarity.