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Afghanistan Legal Stage Entrance Exam study materials
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Afghanistan Legal Stage Entrance Exam practice questions

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Question 1Constitutional Law

Under the Constitution of Afghanistan, what is the official religion of the state?

  1. Islam Correct answer.
  2. Zoroastrianism
  3. Buddhism
  4. Secularism

Explanation

The Constitution designates Islam as the sacred religion of Afghanistan, and no law may contravene its tenets. This establishes Islam as the state religion rather than a merely recognized faith.

Question 2Constitutional Law

The Constitution of Afghanistan establishes which form of government?

  1. A parliamentary republic
  2. A constitutional monarchy
  3. An Islamic republic Correct answer.
  4. A federal union

Explanation

The Constitution defines Afghanistan as an Islamic Republic, combining republican institutions with Islamic principles. The executive is presidential rather than parliamentary or monarchical.

Question 3Constitutional Law

How many branches does the Constitution of Afghanistan establish for the exercise of state power?

  1. Four
  2. Three Correct answer.
  3. Five
  4. Two

Explanation

State power is exercised through the legislative, executive, and judicial branches. This tripartite separation is a foundational structural feature.

Question 4Constitutional Law

What is the official name of the Afghan legislature under the Constitution?

  1. Supreme Council
  2. Grand Council
  3. House of Elders
  4. National Assembly Correct answer.

Explanation

The legislature is called the National Assembly (Melli Shura) and consists of two houses. The other names either refer to a single chamber or to a non-legislative body.

Question 5Constitutional Law

The lower house of the Afghan legislature is known as which of the following?

  1. House of the People Correct answer.
  2. House of Elders
  3. Council of Ministers
  4. House of Representatives

Explanation

The lower chamber is the House of the People (Wolesi Jirga), whose members are directly elected. The House of Elders is the upper chamber.

Question 6Constitutional Law

Judicial power in Afghanistan is vested in which body at the apex?

  1. The Council of Ministers
  2. The Supreme Court Correct answer.
  3. The House of the People
  4. The Independent Commission

Explanation

Judicial power is vested in the courts, with the Supreme Court (Stera Mahkama) at their head. The other bodies exercise executive, legislative, or oversight functions.

Question 7Constitutional Law

A dispute arises over whether a proposed statute conforms to the Constitution. Which body is empowered to review the law's constitutionality?

  1. The Supreme Court Correct answer.
  2. The House of Elders
  3. The Attorney General
  4. The Council of Ministers

Explanation

The Supreme Court is entrusted with reviewing the conformity of laws, decrees, and treaties with the Constitution. This is a core element of constitutional supremacy.

Question 8Constitutional Law

Which body has the authority to interpret the provisions of the Constitution?

  1. The Supreme Court Correct answer.
  2. The Grand Council
  3. The President alone
  4. The House of the People

Explanation

Constitutional interpretation is a judicial function assigned to the Supreme Court. This allows consistent, authoritative readings of constitutional text.

Question 9Constitutional Law

How is the President of Afghanistan selected under the Constitution?

  1. By the Grand Council
  2. By direct popular vote Correct answer.
  3. By the Supreme Court
  4. By the House of the People

Explanation

The President is elected through direct popular vote for a fixed term. This gives the office an independent electoral mandate.

Question 10Constitutional Law

What is the maximum number of terms the President may serve consecutively?

  1. Unlimited
  2. Two Correct answer.
  3. Three
  4. One

Explanation

The Constitution limits the President to two consecutive terms. This term limit is a check on prolonged executive power.

Question 11Constitutional Law

A law is passed that conflicts with an established tenet of Islam. What is the constitutional consequence?

  1. It takes effect after a public referendum
  2. It remains valid if the legislature approves
  3. It may not be enforced because no law may contravene Islamic tenets Correct answer.
  4. It is valid unless the President objects

Explanation

The Constitution provides that no law may contravene the sacred religion of Islam, so a conflicting law lacks constitutional validity. This is a substantive limit on legislative power.

Question 12Constitutional Law

Which of the following best describes the status of international treaties under the Afghan Constitution?

  1. They apply automatically without any state act
  2. They are enforceable only in foreign courts
  3. They are subordinate to provincial regulations
  4. They require legislative ratification to bind the state Correct answer.

Explanation

Treaties become binding through ratification by the National Assembly. Once ratified, they must conform to the Constitution and Islamic principles.

Question 13Constitutional Law

Citizenship in Afghanistan is regulated primarily by which source?

  1. Only international conventions
  2. The Constitution and statutory law Correct answer.
  3. Only provincial ordinances
  4. Only customary tribal rules

Explanation

The Constitution addresses nationality, and detailed rules are set by statute. Citizenship is thus a matter of national law rather than local custom.

Question 14Constitutional Law

The Constitution guarantees the right to defense in criminal proceedings. Which statement reflects this guarantee?

  1. Defense counsel is available only for serious felonies
  2. The accused must pay for any defense at all times
  3. Defense rights apply only after conviction
  4. The accused has the right to a defense and to counsel Correct answer.

Explanation

The Constitution guarantees the right to defense, including access to counsel, as part of due process. This right attaches during proceedings, not only after conviction.

Question 15Constitutional Law

Under the Constitution, the principle of legality in criminal law means which of the following?

  1. Retroactive criminal laws are always valid
  2. No act is punishable except under a prior law Correct answer.
  3. Punishment may be imposed by administrative decree
  4. Courts may create new offenses by analogy

Explanation

The principle of legality requires that an act be criminal only if a law in force at the time so provides. This bars punishment without a pre-existing legal basis.

Question 16Constitutional Law

Which body is responsible for overseeing the conduct of elections in Afghanistan under the Constitution?

  1. The House of Elders
  2. The Supreme Court
  3. The Independent Election Commission Correct answer.
  4. The Council of Ministers

Explanation

An independent electoral commission is established to administer and supervise elections. Independence is intended to protect electoral integrity from other branches.

Question 17Constitutional Law

The Constitution establishes an independent commission to oversee which matter?

  1. Monetary policy
  2. Human rights and complaints Correct answer.
  3. Military deployment
  4. Tax collection

Explanation

An independent human rights commission is established to monitor and protect rights and address complaints. Its independence distinguishes it from ordinary executive agencies.

Question 18Constitutional Law

A provincial governor issues an order that contradicts a valid national statute. What is the correct constitutional analysis?

  1. The order prevails because it is more specific
  2. The statute prevails because it is higher in the legal hierarchy Correct answer.
  3. The order prevails if the province approves
  4. The two are equal and both apply

Explanation

The Constitution establishes a hierarchy in which national law outranks conflicting local orders. Sub-national acts cannot override valid national legislation.

Question 19Constitutional Law

What is the role of the Grand Council (Loya Jirga) under the Constitution?

  1. It sits permanently as the upper house
  2. It convenes in defined situations such as amending the Constitution Correct answer.
  3. It appoints all provincial governors
  4. It conducts constitutional review of statutes

Explanation

The Grand Council is a special assembly that convenes for defined matters, notably constitutional amendment. It is not a standing chamber or a review court.

Question 20Constitutional Law

The Constitution's bill of rights protects fundamental freedoms. Which statement is accurate regarding limitations on those rights?

  1. Rights may be limited only by law and consistent with constitutional standards Correct answer.
  2. Rights apply only to state officials
  3. Rights may be suspended by any administrative order
  4. Rights are absolute and admit no limitation

Explanation

Fundamental rights may be restricted only through law and within constitutional bounds, preserving the rule of law. Administrative fiat cannot override constitutional guarantees.

Question 21Civil Law and Civil Procedure

Under the Afghan Civil Code, when does a contract generally become binding on the parties who conclude it?

  1. Only after performance by both parties has been completed.
  2. Upon the exchange of valid offer and acceptance in accordance with the law. Correct answer.
  3. Only after two adult witnesses sign the written instrument.
  4. Only after the contract is registered with the competent court.

Explanation

A contract is formed and binding when a valid offer and acceptance correspond, provided the parties have capacity and the object is lawful. Registration and witness formalities apply only to specific categories of transactions, not to contracts generally.

Question 22Civil Law and Civil Procedure

A person who has reached the age of majority and is of sound mind but has been placed under interdiction (hajr) by a court for prodigality concludes a sale of his inherited land. What is the legal status of that sale?

  1. Valid, because he has reached the age of majority.
  2. Subject to ratification by the court that placed him under interdiction.
  3. Void, because a person under interdiction lacks capacity to conclude it. Correct answer.
  4. Voidable at the option of the buyer alone.

Explanation

A judicial interdiction removes the person's capacity to dispose of property, so acts of disposal are void rather than merely voidable. The guardian or court may authorize transactions on his behalf.

Question 23Civil Law and Civil Procedure

Which of the following is an essential element of a valid contract under the Afghan Civil Code?

  1. Payment of a deposit by the buyer.
  2. Approval of the contract by the local shura.
  3. The agreement of the parties, a lawful object, and a lawful cause. Correct answer.
  4. Notarization of the contract by a licensed notary.

Explanation

The Civil Code treats mutual consent, a determinate and lawful object, and a lawful cause as the essential elements of contract. Other formalities may be required only for particular contracts.

Question 24Civil Law and Civil Procedure

A seller agrees to sell a specific car but, before delivery, sells and transfers the same car to a second buyer who acts in good faith and takes possession. In a dispute between the two buyers, which rule generally governs?

  1. The buyer who paid the higher price prevails.
  2. Neither buyer prevails and the seller must compensate both equally.
  3. The first buyer always prevails because his contract is earlier in time.
  4. The good-faith buyer who first obtains possession prevails. Correct answer.

Explanation

Where a seller disposes of the same movable property twice, priority is generally given to the buyer who first takes possession in good faith. The earlier contract gives the first buyer a claim for damages against the seller.

Question 25Civil Law and Civil Procedure

In a sale contract, when does ownership of a determined movable thing generally pass to the buyer under the Afghan Civil Code?

  1. At the moment the contract is concluded, unless the parties agree otherwise. Correct answer.
  2. Only when the price is fully paid.
  3. Only when the sale is registered in the property register.
  4. Only when delivery of the thing actually takes place.

Explanation

Ownership in a sale of a determined thing passes in principle upon conclusion of the contract, subject to the parties' agreement. Delivery and payment are obligations that follow, not conditions of the transfer of title.

Question 26Civil Law and Civil Procedure

A contract is concluded in which the object is the sale of an illegal narcotic substance. What is the effect on the contract?

  1. It is valid but unenforceable until a permit is obtained.
  2. It is void because its object is contrary to law. Correct answer.
  3. It is voidable at the option of the buyer.
  4. It is valid between the parties though not before courts.

Explanation

A contract whose object is unlawful is void ab initio. No legal effect can arise from an agreement to transfer something the law prohibits from being the subject of commerce.

Question 27Civil Law and Civil Procedure

Which of the following best describes the legal nature of a void contract (aqd batil)?

  1. It produces its effects but may be annulled by a court.
  2. It produces no legal effect from the outset. Correct answer.
  3. It produces effects until one party objects.
  4. It produces effects only against third parties.

Explanation

A void contract lacks the elements required by law and therefore produces no legal effect from the beginning. A voidable contract, by contrast, produces effects until it is annulled.

Question 28Civil Law and Civil Procedure

A contract is concluded under duress (ikrah) that deprives the party of free consent. What is the status of the contract?

  1. Void from the outset.
  2. Valid and binding with no remedy.
  3. Suspended until the duress ends.
  4. Voidable at the option of the party subjected to duress. Correct answer.

Explanation

Duress is a defect of consent that renders the contract voidable rather than void. The victim may seek annulment, and the contract remains effective until annulled.

Question 29Civil Law and Civil Procedure

A party discovers that he was mistaken about a fundamental quality of the object of the contract, a mistake that induced him to conclude it. What remedy does the law generally provide?

  1. He may unilaterally increase the price.
  2. He has no remedy because mistake is irrelevant to consent.
  3. He may request annulment of the contract on the ground of mistake. Correct answer.
  4. He may force the other party to deliver a different object.

Explanation

A fundamental mistake concerning the object or its essential qualities vitiates consent and permits annulment. The mistake must be such that the party would not have contracted but for it.

Question 30Civil Law and Civil Procedure

What is the general rule on the burden of proof in a civil action under Afghan civil procedure?

  1. The burden shifts to the party who filed the later document.
  2. The court must investigate the facts independently of the parties' pleadings.
  3. The defendant must disprove the claim once it is filed.
  4. The claimant must prove the facts on which his claim is based. Correct answer.

Explanation

The party who asserts a right must establish the facts on which it rests. The defendant bears the burden only for facts he raises in defense.

Question 31Civil Law and Civil Procedure

In civil litigation, which document initiates a claim before the competent court?

  1. A court order summoning the witnesses.
  2. A notarized settlement deed.
  3. A written statement of claim (ariza) setting out the claim and its grounds. Correct answer.
  4. A power of attorney submitted by the defendant.

Explanation

A civil action is commenced by a written statement of claim that identifies the parties, the relief sought, and the facts and evidence relied upon. The court then examines admissibility and issues summons.

Question 32Civil Law and Civil Procedure

A defendant wishes to challenge the jurisdiction of the court before responding to the merits. At what stage should this objection generally be raised?

  1. Only on appeal against the final judgment.
  2. Before responding to the merits, in the initial stage of the proceedings. Correct answer.
  3. Only by a separate action filed after the judgment.
  4. At any time before final judgment, even after the evidence is closed.

Explanation

Objections to jurisdiction are preliminary and should be raised before the defendant addresses the merits. Raising them at the outset prevents wasted proceedings before an incompetent court.

Question 33Civil Law and Civil Procedure

Which of the following is the general rule regarding the territorial jurisdiction of a civil court in an action concerning immovable property?

  1. The court of the place where the defendant resides in all cases.
  2. The court of the place where the property is situated. Correct answer.
  3. The court of the place where the contract was drafted.
  4. The court chosen by the claimant in his statement of claim.

Explanation

Actions concerning rights in immovable property fall within the territorial jurisdiction of the court where the property is located. This rule ensures the court can effectively examine and rule on the property.

Question 34Civil Law and Civil Procedure

What is the effect of a court judgment that has become final and res judicata (amr mahkum bih)?

  1. It may be relitigated if a party produces new witnesses.
  2. It lapses automatically after two years.
  3. It binds the parties and bars a new action on the same subject and cause. Correct answer.
  4. It binds only the defendant and not the claimant.

Explanation

A final judgment has conclusive effect between the parties on the same subject matter and cause of action. A subsequent identical claim is barred by res judicata.

Question 35Civil Law and Civil Procedure

A party who was not present at the trial and was not properly summoned learns of a default judgment against him. What is the ordinary remedy available to him?

  1. A new independent action for damages.
  2. A request for retrial before a different court of first instance.
  3. An application to set aside the default judgment (e'tiraz) before the same court. Correct answer.
  4. An immediate appeal to the Supreme Court.

Explanation

A party judged in default without proper notice may apply to the court that issued the judgment to set it aside. This is an ordinary remedy distinct from appeal.

Question 36Civil Law and Civil Procedure

Within what general framework does an appeal (tajdid-e nazar) against a first-instance civil judgment operate?

  1. It is available only if the first court grants permission.
  2. It may be filed at any time without limit.
  3. It is available only against procedural orders, not final judgments.
  4. It is available only against judgments exceeding a statutory value threshold, and within the time fixed by law. Correct answer.

Explanation

Appeal is an ordinary remedy subject to statutory time limits and, for certain civil claims, to a value threshold. It is directed against final judgments of the first-instance court.

Question 37Civil Law and Civil Procedure

Which of the following best describes the role of the judge in a civil case under Afghan civil procedure?

  1. An arbitrator who decides according to equity outside the law.
  2. A representative of the claimant's interests.
  3. A purely passive umpire who may never question witnesses.
  4. A neutral adjudicator who supervises proceedings and evaluates the evidence presented. Correct answer.

Explanation

The civil judge is a neutral adjudicator who conducts the proceedings, ensures the parties are heard, and evaluates the evidence. The judge applies the law to the facts established by the parties' proof.

Question 38Civil Law and Civil Procedure

A creditor holds a mortgage over a debtor's immovable property. If the debtor defaults, what is the creditor's principal right?

  1. To retain the debtor's other movable property until payment.
  2. To take possession of the property immediately without any court process.
  3. To have the mortgaged property sold and to be paid from the proceeds in priority. Correct answer.
  4. To transfer the debt to a third party without notice.

Explanation

A mortgage gives the creditor a preferential right over the proceeds of the mortgaged property upon judicial sale. The creditor cannot simply appropriate the property.

Question 39Civil Law and Civil Procedure

What is the essential feature of a pledge (rahn) over a movable thing?

  1. The pledge extinguishes the underlying debt.
  2. The pledged thing is delivered to the creditor or a trustee as security for the debt. Correct answer.
  3. The pledge is valid without delivery of possession in all cases.
  4. The creditor acquires ownership of the pledged thing upon default.

Explanation

A pledge is a security interest in a movable thing that is delivered into the creditor's or a trustee's possession. It secures the debt but does not extinguish it or transfer ownership.

Question 40Civil Law and Civil Procedure

Which of the following obligations is generally extinguished by performance?

  1. A right of pre-emption held by a neighbor.
  2. A mortgage registered over immovable property.
  3. A power of attorney granted to an agent.
  4. A contractual duty to deliver goods that has been fully carried out. Correct answer.

Explanation

Performance consists in carrying out exactly what was undertaken, and it extinguishes the obligation. Security rights and procedural mandates are not obligations discharged by performance in this sense.

Question 41Civil Law and Civil Procedure

A debtor is obliged to deliver a specific unique painting but, through his fault, destroys it before delivery. What is the creditor entitled to?

  1. Only the return of any price paid, with no further claim.
  2. Specific performance of the original obligation.
  3. Damages for the loss caused by the debtor's fault. Correct answer.
  4. Nothing, because the object no longer exists.

Explanation

Where performance becomes impossible through the debtor's fault, the obligation converts into a claim for damages. Specific performance is unavailable once the unique object is destroyed.

Question 42Civil Law and Civil Procedure

What is the general rule on the assignment of a contractual claim (hawala) to a third party?

  1. It requires the debtor's consent in every case.
  2. It is prohibited unless the contract is notarized.
  3. It extinguishes the original obligation entirely without transferring it.
  4. It is effective against the debtor once he is notified, and it transfers the claim to the assignee. Correct answer.

Explanation

Assignment transfers the claim from the assignor to the assignee and becomes effective against the debtor upon notice. The debtor's consent is not generally required, though notice protects him from paying the wrong party.

Question 43Civil Law and Civil Procedure

Under the Afghan Civil Code, what is the effect of a condition (shart) in a contract that makes the obligation dependent on a future uncertain event?

  1. The obligation takes effect immediately regardless of the event.
  2. The contract is void because conditions are not permitted.
  3. The condition converts the contract into a unilateral gift.
  4. The obligation takes effect only when the event occurs, if the condition is suspensive. Correct answer.

Explanation

A suspensive condition postpones the effect of the obligation until the uncertain event occurs. A resolutory condition, by contrast, ends an existing obligation upon the event.

Question 44Civil Law and Civil Procedure

A tenant fails to pay rent for several months. Which statement best reflects the landlord's ordinary contractual remedies?

  1. The landlord may seize the tenant's personal belongings without any legal process.
  2. The landlord may only terminate the lease after five years of default.
  3. The landlord automatically acquires ownership of the leased property.
  4. The landlord may demand payment and, where the default is serious, seek termination of the lease and eviction through the court. Correct answer.

Explanation

Non-payment of rent is a breach that entitles the landlord to demand performance and, in serious cases, to seek judicial termination and eviction. Self-help remedies are not permitted.

Question 45Civil Law and Civil Procedure

Which of the following statements about the limitation of civil actions (morur-e zaman) is correct?

  1. A claim becomes time-barred after the statutory period, and the defendant may raise the lapse as a defense. Correct answer.
  2. Limitation periods may never be interrupted by any act.
  3. Limitation periods apply only to criminal cases.
  4. A claim barred by limitation is extinguished automatically without any objection.

Explanation

Limitation sets a statutory period within which a claim must be brought; after it lapses the defendant may plead the lapse as a defense. The lapse does not operate automatically without being invoked.

Question 46Civil Law and Civil Procedure

In a civil case, the party who asserts a claim before the court must establish the facts on which that claim rests. Which procedural principle best expresses this rule?

  1. The defendant must disprove every allegation made against him
  2. The court must independently investigate all facts for both parties
  3. Proof is unnecessary where the claim is stated in writing
  4. The party who asserts a fact must prove it Correct answer.

Explanation

Afghan civil procedure allocates the burden of proof to the party whose claim depends on a given fact: whoever asserts must establish. The court adjudicates on the evidence the parties present rather than building the case for them. A defendant generally need only rebut what the claimant has established.

Question 47Civil Law and Civil Procedure

A plaintiff files a civil claim and the court issues a summons to the defendant. Which statement correctly describes the general purpose of service of process (tabligh) on the defendant?

  1. It informs the defendant of the claim so he can prepare and appear Correct answer.
  2. It automatically stays all other proceedings involving the parties
  3. It transfers ownership of the disputed property to the plaintiff
  4. It converts the claim into a final enforceable judgment

Explanation

Service of process exists to give the defendant notice of the action against him and a fair opportunity to respond, which is a core element of the right to be heard. Without proper notice, a judgment against the defendant is vulnerable to challenge. Service does not by itself decide any substantive right.

Question 48Civil Law and Civil Procedure

A plaintiff wishes to bring a civil action but is concerned that the defendant will dispose of the disputed property before judgment. Which procedural device is designed to address this risk during litigation?

  1. A provisional or precautionary measure ordered by the court Correct answer.
  2. An appeal against a judgment not yet rendered
  3. A referral of the dispute to arbitration by the court's own motion
  4. A request that the court recuse itself from the case

Explanation

Civil procedure provides provisional measures that a court may order during proceedings to preserve the subject matter or secure a party's position pending final judgment. These measures are temporary and do not determine the merits. They respond precisely to the risk that a party may frustrate enforcement before judgment.

Question 49Civil Law and Civil Procedure

Two parties conclude a contract for the sale of a specifically identified car. Before delivery, the seller sells and delivers the same car to a third party acting in good faith. What is the buyer's principal contractual remedy against the seller?

  1. A claim that the second sale is automatically void
  2. A claim for damages for breach of the obligation to deliver Correct answer.
  3. A claim to recover the car from the good-faith third party
  4. A claim for specific performance of delivery of the car

Explanation

Where performance of the obligation to deliver a specific thing has become impossible through the seller's act, the primary remedy of the disappointed buyer is compensation for the loss caused by the breach. Specific performance cannot be granted where the thing has passed to another. The good-faith third party's acquisition is generally protected.

Question 50Civil Law and Civil Procedure

A contract contains a clause by which the parties agree that any future dispute arising from it will be settled by a specified arbitral tribunal rather than the courts. How does such an arbitration clause generally operate in civil disputes?

  1. It is void because parties cannot displace the jurisdiction of the courts
  2. It binds the parties to arbitrate and generally bars court proceedings on the covered dispute Correct answer.
  3. It merely expresses a preference that the court may disregard at will
  4. It transfers the dispute to the criminal court for enforcement

Explanation

Where the law permits arbitration in the relevant subject matter, an arbitration agreement is binding on the parties and obliges them to resolve covered disputes through the agreed tribunal rather than litigation. A court before which the dispute is nonetheless brought will generally give effect to the agreement. The clause does not, however, oust the courts in matters that are not arbitrable.