Subtopic 5 — Separation
Part 1 — Separation Due to Defect
Article 176:
Wife may request separation if husband is affected with an illness that is incurable or takes a long time
to be cured, in such a way that common life with husband is not possible without a large harm.
Article 177:
If wife is aware of the defects mentioned in Article (176) while concluding the contract or before that
or in case the defects occur after the contract and she explicitly or implicitly consents to them, she
may not demand separation.
Article 178:
Defects mentioned in Article (176) of this Law shall be established by expert opinion.
Article 179:
If the established defect is of the incurable kind, the court shall issue the separation verdict without
delay. In case the defect is curable but needs a long time for being cured, the court shall postpone the
demand of separation for a period of not more than one year.
Article 180:
Separation due to defect is considered as irreversible divorce.
Article 181:
Separation due to defect shall not result in eternal prohibition. The spouses may remarry after
separation, whether within the period of waiting or thereafter.
Article 182:
If one of the spouses, due to whose defect the separation has occurred, dies, the other one shall not
inherit from the deceased.
Complete:rule-of-law-in-afghanistan