CIVIL LAW
OF THE
REPUBLIC OF AFGHANISTAN
INTRODUCTORY TITLE
CHAPTER 1—APPLICATION OF THE LAW
PART 1—THE LAW AND RIGHT
TOPIC 1—SCOPE OF APPLICATION OF THE LAW
Article 1:
(1) In cases where the law has a provision, the practice of religious jurisprudence is not permitted.
Provisions of this Act are applicable in letter and spirit.
(2) In cases the law has no provision, the court shall issue a verdict in accordance with the fundamental principles of Hanafi jurisprudence of Islamic shariat to secure justice in the best possible way.
Article 2:
Complete:rule-of-law-in-afghanistan
Where there is no provision in the law or in the fundamental principles of the Hanafi jurisprudence of Islamic shariat, the court issues a verdict in accordance with the public convention, provided the convention does not contradict the provisions of the law or principles of justice.
Article 3:
(1) What is proved by time, until no reason to the contrary exists, shall be valid.
(2) The provisions of law shall not be abrogated except by subsequent law expressly providing for its abrogations and amendment.