DEC6-11252024

Family & Privacy Rights, Liberty & Security, Minority Rights, Non-Discrimination, Personal Autonomy, Religion & Belief
25, November 2024

Decree

Bans issues of tazkira (national ID) to a Sunni woman and her children's due to her marriage with a Shia man.

Decree Translation

Letter Number (1062) 11/5/1445

To the esteemed Directorate of Civil Registration Services,
Peace and blessings be upon you,

This is in reference to Letter Number (822) dated 7/5/1445, received from the esteemed Fourth District Court of Kabul with the following text:

Subject: Non-implementation of the distribution of new or duplicate identity cards for the following individuals:

Shiba Atta’i, daughter of Mohammad Dawood, born to Abdullah, holder of the electronic ID card Number (71561-0900-1400), born 1st of March 1381, originally from Panjshir province and currently residing in Kabul, married on 24th of August 1399 to Ali Javad, son of Mohammad Sadiq, born to Mohammad Asif, holder of the first edition ID card, volume 1387, page 3, record 12, a resident of Panjshir province and currently in Kabul, with a dowry of ninety thousand Afghanis.

Since the wife is of the Sunni sect and the husband is of the Shiite sect, and there are religious obstacles in their marriage, the original identity cards of the individuals are under the custody of this court. The relevant branches and directorates have been instructed not to issue new or duplicate identity cards for the mentioned individuals until further notice from this court. Copies of their identity cards are attached to this letter.

This communication is sent for your information and further action. Kindly ensure that the employees concerned are notified to act according to the instructions in the letter mentioned above.

With respect,
Ruh-ul-Amin Mohtaram,
Acting Director, Directorate of Civil Registration Services

Notes on Decree

This letter, issued by the National Statistics and Information Administration, is based on an official letter and order from the Kabul City Court. The couple in question married in 1399, prior to the Taliban's return to power, and sought a marriage certificate (nikah khat) from the court. However, due to the Taliban's view that marriage between Shia and Sunni Muslims is contrary to Islamic law, the issuance of a legal marriage certificate (nikah khat) for them has been prohibited. As a result, the Taliban court has ordered that national identity cards or citizenship cards, which are fundamental legal rights of every individual, should not be issued to them.

There have also been reports indicating that courts, in handling such cases, have either annulled the marriage or required the couple to marry again. This event is a documented example of hundreds of cases of violations of religious freedom, minority rights, and personal autonomy. By withholding civil documentation based on religious grounds, the state is effectively obstructing the couple’s legal existence and undermining their family life. It institutionalizes sectarian discrimination and weaponizes civil registration systems to penalize inter-sect marriages.

Sources

Original Source Link:

Original Decree File:

Decree Stats

Source Media