The Taliban Ministry of Justice has announced that the Law on the “Review of the Movable and Immovable Obligations of Absent Persons” has been published following its approval by Hibatullah Akhundzada, the Taliban leader.
In a statement, the ministry said that the law consists of four chapters and 31 articles, and that its implementation will be overseen by the Directorate for the Review of Movable and Immovable Properties of Absent Persons under the Military Deputy of the Supreme Court.
According to the law, the framework for the registration, transfer, documentation, and administration of the movable and immovable assets of individuals who are absent or missing has been established. It also specifies how these assets are to be managed until the owners or their heirs come forward.
The law outlines the conditions under which the property of absent persons may be transferred to the public treasury (Bayt al-Mal), as well as the procedures for returning such property to the owners or their heirs. It also requires the relevant directorate to protect properties that are not under private possession and are at risk of unlawful seizure.
Under Article 9 of the law, if the owner, heir, or legal representative of an absent person appears, the property in question will be returned to them based on a judge’s order.
At the same time, the transfer of property or its benefits to individuals whom the Taliban designate as “promoters of corruption” (sa‘i bil-fasad) is subject to the direct approval of the Taliban leader. Furthermore, properties whose owners have died without any rightful heirs shall belong to the public treasury.
According to Article 29, houses that were arbitrarily occupied by individuals or institutions either before or after the Taliban’s takeover must be returned to their original owners or their lawful representatives by court order.
The law also covers issues such as property registration, leasing, buying and selling, tenants’ responsibilities, conditions for legal representation, and the validity of powers of attorney issued outside the country.
Writer:Salima Aryaei
