Afghanistan Civil Laws TOPIC 8—DISSOLUTION OF MARRIAGE

Topic 8 — Dissolution of Marriage

Subtopic 1 — General Provisions

Article 131:

A marriage contract shall be dissolved with rescission, divorce, divorce in exchange for property by
wife (Khol`) or separation according to provisions stated in this Law.

Subtopic 2 — Rescission

Article 132:

Rescission is breach of marriage contract due to occurrence of disruptions during conclusion of the
contract or after that, in such a way that it prevents continuation of marriage.

Article 133:

Cases mentioned in Article (132) of this Law that causes rescission of marriage are as follows:
1 – Disruptions at the time of conclusion of marriage contract arise from the following causes:
a – Lack of one of the validity conditions of marriage contract.
b – Option of discernment
c – Shortage of dowry compared to customary dowry.

2 – Disruptions after conclusion of marriage contract that prevents continuity of marriage derive
from the following causes:
a – Prohibition of marriage
b – Accusing wife of adultery (La’aan)
c – Refusal of wife believing in one of the four books to convert to Islam when her husband has
converted to Islam.

Article 134:

(1) Rescission of marriage contract in both cases mentioned in Article (133) of this Law shall happen
upon final ruling by the competent court.
(2) Rescission of marriage contract on the basis of the causes mentioned in the second Item of the
mentioned Article shall also be permissible upon consent of the spouses, without a court ruling.

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