The Complexities Of Dual Citizenship In Afghanistan: Exploring The Legal Landscape

Afghanistan does not officially recognise dual citizenship, according to Article 7 of the country's citizenship law. However, in practice, it is allowed, and those with dual citizenship are not restricted or discriminated against, except when it comes to high-ranking government posts. Individuals with dual citizenship cannot be appointed to certain positions without first dismissing their foreign citizenship. Since 2001, Afghans have been allowed to hold dual citizenship, though this is in conflict with the terms of the nationality law.

Dual citizenship is not recognised in Afghanistan, except for former citizens who fled the country

Afghanistan does not recognise dual citizenship. Article 7 of the Afghanistan Citizenship Law states that “A person who is an Afghanistan Emirates citizen pursuant to the law, cannot be in the status of dual citizenship”.

However, there is an exception for former citizens who fled the country due to political instability or war and have since acquired new citizenship. These individuals may still hold "unofficial" Afghan citizenship. This exception is based on the understanding that those who fled the country may one day want to return as Afghan citizens without losing their new citizenship.

It is important to note that while dual citizenship is not officially recognised, it is allowed in practice. There are no restrictions or discrimination against citizens who hold dual or multiple citizenships, except for certain high-ranking government posts. Individuals with dual or multiple citizenships cannot be appointed to such positions without first dismissing their foreign citizenship.

The current Afghanistan Citizenship Law has several gaps due to the previous Taliban government, and it is expected to be amended in the future. The law is heavily based on the principle of ius sanguinis, which means that a child born to at least one parent who is an Afghan citizen is considered an Afghan citizen, regardless of their place of birth.

An American citizen can become an Afghan citizen by living in the territory for five years

Firstly, it is important to understand that Afghanistan's citizenship laws are based on the principle of jus sanguinis or ius sanguinis, which means that a person acquires citizenship by having a parent who is a citizen of Afghanistan, regardless of their place of birth. This is the primary way that citizenship is granted in Afghanistan.

Secondly, it is possible for foreigners and stateless persons to apply for Afghan citizenship through naturalization. The general provisions for naturalization include being of legal majority age, having no criminal history in Afghanistan, and having resided in the country for at least five years. The key requirement here is the five-year residency, which means that an American citizen would need to live in Afghanistan for five years to be eligible for naturalization.

The process of acquiring citizenship through naturalization involves submitting an application to the Afghan embassy or the Ministry of Foreign Affairs in Afghanistan. The application must be accompanied by the required documents, including citizenship forms, fingerprints, a marriage certificate, an Afghan identity card, entry visas, and residence documents for more than five consecutive years in Afghanistan. These documents are then reviewed by the relevant ministries, and the case is forwarded to the President for approval.

It is worth noting that, while dual citizenship is not officially recognized in Afghanistan, it is allowed in practice. There are exceptions for former Afghan citizens who fled the country and acquired new citizenship elsewhere. Additionally, an Afghan citizen with dual citizenship is restricted from holding certain high-ranking government posts.

In conclusion, an American citizen can become an Afghan citizen by living in the territory for five years and fulfilling the requirements for naturalization. However, the political situation in Afghanistan can be unstable, and the laws may change, so it is essential to stay updated on the latest regulations.

Alternatively, they can marry an Afghan citizen in accordance with Sharia law

Afghanistan's legal system is a combination of Islamic law, state legislation, and local customary law. Sharia law, or the moral and legal framework of Islam, is based on the Quran, stories of the Prophet Muhammad's life, and the rulings of religious scholars.

Sharia law is open to interpretation, and there is no unified, monolithic body of interpretation over which anyone has ownership or control. Women and men have an equal right and responsibility to interpret Sharia.

Islamic jurisprudence, or the human effort to understand and translate the divine message of Sharia into worldly laws and rules, is known as Fiqh. Unlike Sharia, Fiqh is subject to change over time and across different places and people.

In Afghanistan, matters regarding marriage for the Muslim population are governed differently for the Sunni majority and Shia minority. For Sunnis, Article 1(2) of the Civil Code governs matters relating to marriage; for the Shia minority, Article 2(3) of the Shiite Personal Status Law governs matters relating to marriage.

Under Article 70 of the Civil Code of the Republic of Afghanistan 1977 and Article 99(1) of the Shiite Personal Status Law, the legal marriageable age is 16 for girls and 18 for boys. However, exceptions are made for girls below the age of 16. For Sunnis, a competent father or judge may permit a girl under 16 to marry under Article 71(1) of the Civil Code, but Article 71(2) strictly prohibits marriage below the age of 15. For Shias, a parent or guardian may permit girls and boys below the age of 16 and 18, respectively, to marry if it is considered to be in their best interests, according to Article 99(2) and 99(3) of the Shiite Personal Status Law.

Despite these laws, there are inconsistencies between international laws and religious laws in Afghanistan, with puberty and adolescence being the key determinants for marriage. Religious leaders believe that early marriage is essential to prevent premarital sex and other immoral practices, particularly for girls. As a result, marriage registration levels remain low, making it difficult to track child marriage rates nationally.

In the context of the Taliban rule, the Elimination of Violence Against Women (EVAW) Law, which includes forced marriage as a crime, is no longer enforced. Additionally, the December 2021 decree prohibiting forced marriage did not abolish the minimum age for marriage, implying that child marriages continue to occur.

According to Afghan civil law, as well as Islamic law, consent is required for marriage. However, forced marriages, including child marriages, remain prevalent in Afghanistan due to economic hardships, cultural and traditional perceptions, and the influence of religious leaders. Girls are often viewed as a source of economic value and domestic labor for their future household.

Forced marriages, where consent is not given, are considered equivalent to rape and are strictly forbidden in Islamic law. Additionally, forced marriages violate several human rights, including the right to life, liberty, security, equality before the law, freedom of movement, and freedom of assembly.

To obtain Afghan citizenship through marriage to an Afghan citizen, the marriage must be legal. Sharia law allows for marriage between Muslims and non-Muslims, but non-Muslims must convert to Islam for the marriage to be considered legal.

Afghans are allowed to renounce their nationality, but must comply with the application process and have no outstanding obligations to the government

Afghanistan's citizenship laws are based on the principle of jus sanguinis or ius sanguinis, meaning that a child born to at least one parent who is an Afghan citizen will be considered a citizen of Afghanistan, regardless of their place of birth. While the law does not explicitly require individuals to renounce their original citizenship upon acquiring Afghan citizenship, it does not officially recognise dual citizenship.

However, in practice, dual citizenship is allowed, and there is no restriction or discrimination against those who hold dual or multiple citizenships, except for certain high-ranking government posts such as ministers, supreme court high council members, and the president. Afghans are permitted to voluntarily renounce their citizenship, but they must comply with the application process and ensure they have no outstanding civic, financial, or penal obligations to the government or private entities. This includes surrendering their identity card at the time of application.

The Embassy of the Republic of Afghanistan in Washington, DC, can provide detailed information and assistance with the renunciation process. The contact details are as follows:

Embassy of the Republic of Afghanistan,

Consular Section

2341 Wyoming Ave., NW Washington,

DC 20008

Telephone: 202-234-3770/71

Fax: 202-328-3516

It is important to note that the laws and procedures regarding citizenship in Afghanistan may have changed since the Taliban took control of the country in 2021. The current Taliban government has announced plans to govern according to the provisions of the 1964 Constitution, which conforms with Sharia law, and to hold a constitutional convention to draft a new constitution. Therefore, it is advisable to seek the most up-to-date information and guidance from official sources.

The current Afghanistan Citizenship Law is subject to amendment due to gaps in the previous Taliban government

Afghanistan's citizenship laws have undergone numerous changes over the years, with the most recent amendment being in 2015. However, the current laws are now subject to further changes due to gaps in the previous Taliban government's legislation.

The Taliban took control of Afghanistan in 2021, and since then, the laws regarding citizenship have been unclear. While the Taliban announced plans to draft a new constitution in 2022, the regime has not received international recognition due to its failure to commit to governing according to the diverse needs and rights of the Afghan population.

The current Afghanistan Citizenship Law, which is based on the principle of ius sanguinis or jus sanguinis, has several gaps as a consequence of the previous Taliban government. This law states that a person cannot hold dual citizenship, as per Article 7. However, in practice, dual citizenship is allowed, and individuals with dual citizenship are not restricted or discriminated against, except when it comes to holding certain high-ranking government positions.

The gaps in the current law have led to a new draft that is awaiting ratification by parliament to be enacted in the future. This indicates that the Afghanistan Citizenship Law is subject to amendment to address the shortcomings of the previous Taliban government's legislation.

The process of acquiring Afghan citizenship typically involves birth to Afghan parents, birth in Afghanistan to foreign parents who intend to reside permanently, naturalization for foreigners or stateless persons, and marriage to an Afghan citizen. Renunciation and reacquisition of citizenship are also possible under specific conditions.

The dynamic nature of Afghanistan's citizenship laws, influenced by historical events and regime changes, highlights the ongoing evolution of the country's legal framework.

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