Select articles in the new Shi'as' Personal Status Law of Afghanistan (promulgated on July 27, 2009):

Fatwa Question or Essay Title: 
Select articles in the new Shi'as' Personal Status Law of Afghanistan (promulgated on July 27, 2009):

1. Provisions regarding women's rights:

** 1.1: Guardianship **

Article 178(3): The mother is preferred over father in the guardianship of [their] daughters up to the age of 9 and of [their] sons up to the age of 7. After those ages, father shall enjoy guardianship of [both their] daughters and sons, unless the court holds otherwise as more appropriate.
Article 178(4): The mother can claim expenses associated with [the child's] guardianship from the father, unless the child owns property.
Article 178(5): If the father deceases or is void of the capacity to be a guardian, the mother shall be given priority. If mother deceases or is void of the capacity to be a guardian, the father shall be given priority.



** 1.2: On Gender Equality in a Marital Relationship**

- On a Virgin Lady's Marriage:

Article 95(1): A virgin lady's marriage shall be valid solely contingent upon her own consent and permission from her natural guardian.
Article 95(2): Should a virgin lady establish the following before the court, permission from her natural guardian shall no longer be required: 1- That it is impossible or not feasible to inquire the guardian, and the said lady needs to get married. 2- That the natural guardian is a person in need of supervision. 3- That the natural guardian is a non-Muslim. 4- That the guardian inhibits her marriage with a person of an equal social/economic class despite their affection.

- On the Parties' Consent:

Article 98(1): For marriage to be valid, consent from the both sides is required. Consent must expressly be demonstrated through words, action, or in writing.
Article 98(2): If marriage takes place without the consent from either or both sides, it shall nevertheless become valid upon their ratification.


- On Prohibition of Polygamy:

Article 86(1): In following circumstances, a man may not polygamy: 1- If he is unable to observe justice among his spouses in regard to their fundamental rights. 2- If he does not have financial capacity to pay their alimonies. 3- If alongside the marriage, the first spouse has set the condition for him not to marry other women. (Footnote 3: It is under any circumstances illegitimate to marry the fifth spouse simoltaneously [thus a man can legitimately marry up to 4 women simoltaneously].


- On Mutual Rights of Spouses:

Article 123(1): The household is under supervision of the husband, unless, due to lack of mental capacity of the husband, the court confers this right upon the wife.
Article 123(2): The wife may [only] leave the house for legitimate and customary purposes.
Article 123(3): The wife shall own the revenue and compensation she receives for a job she may have.
Article 123(4): The wife owns her own property and may spend it without permission from her husband.


- On Alimony:

Article 161(1): The husband will owe his wife the alimony as soon as he marries her and she settles in his abode. The husband shall be responsible if he defaults in payment of his wife's alimony. If the wife is prepared to settle in her husband's abode but he defaults, she will be entitled to alimony.
Article 161(2): If the wife defaults in fulfilling her marital duties without any legitimate excuse, she shall not be entitled to alimony.

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2. Provisions Regarding Children's Rights and Protection


** 2.1 Child Marriage and Rape of a Minor **

Article 94: Legal marriage age is 16 for females and 18 for males. It is [however] possible for a minor's guardian to establish before the court [his or her] puberty, maturity, capability, and in [his or her] interest.

Article 106(2): The wife can decline sexual intercourse until she has thoroughly received her dowry, even if the husband is insolvent, contingent that she had not conceded before and that her dowry is not deferred. To have intercourse before puberty shall not revoke such right to decline sexual intercourse.

Article 118(2): If a man perpetrates adultery to a minor female, he must compensate her the value of a complete typical dowry.