Afghanistan Analysts Network – English

Taleban and related documents

Selected parts of the Draft Law Concerning the Prevention of Usurpation of Land and Restitution of Usurped Land

3 min

AAN has translated selected articles from the Draft Law Concerning the Prevention of Usurpation of Land and Restitution of Usurped Land that specify the types of land which are of concern to the IEA and which are referred to in the 15 December 2023 report ‘Land in Afghanistan: This time, retaking instead of grabbing land?‘ by AAN’s Ali Mohammad Sabawoon.

Land usurped for the purpose of agriculture

Article 8

If Emirate (government) land has been grabbed by a person or a person has grabbed dedicated land [land donated to the state by a person] and turned it into agricultural land, steps will be taken based on the requirements of Islamic sharia.

Land usurped for the purpose of an industrial or business setup

Article 9

If a person has grabbed state land and erected industrial or business buildings on it, the following steps will be taken:

If the land has been grabbed for the purpose of erecting industrial or business buildings, the value of the land or property will be taken from the current owner of the property. The value of the land would be assessed by those who understand the property costs. This is on condition that the land [featured] in the urban, industrial or business plan and is not part of a state project.

The land will be leased out to the usurper or the current owner, in line with its current value and without increment. This is on condition that the land is not part of an industrial, urban or business plan, nor covered by a project planned by the Emirate.

The current value of the land, bearing in mind the first and second sentences of this article [article 9], will be assessed by professional people in the presence of its current owner and a delegation appointed by the special court. If the usurper or current owner of the land is not willing to pay for the land or enter into a lease contract [to rent it], the land will be taken back [by the state], based on the requirements of Islamic sharia, and will be sold or leased out to other people.

If construction has taken place on the grabbed land) in contravention of the urban plan for the purpose of industrial or business activity, the [authorities’] decision to maintain or destroy that construction will be presented to the special court, following the authorities’ decision.

If money for a plot of land is taken from the usurper or current owner, they will be issued legal documents by the concerned department.

Land grabbed for the purpose of [building a] township

Article 10

If a township has been constructed on usurped Emirate land and the land is in the residential or semi-residential urban plan and is part of a project of the Emirate, the usurper or current owner will pay for the land, according to its current value.

Those who have bought land for houses, apartments or in business areas will be issued with the legal documents, according to the orders of sharia, by the concerned department.

Besides the cost of the document (the qabala fee), the individual mentioned in the 2nd sentence of this article [the purchaser of the land] is obliged to pay five per cent of the cost of the land so that the township’s infrastructure can be completed. If the usurper has already completed the infrastructure, (the purchaser) is not bound to pay the five per cent.

If the township has been built on grabbed state land in contravention of the urban plan, the decision to maintain or destroy the township will be submitted to the specialcourt after a decision made by the authorities.

Land grabbed for the purpose of shelter [residency]

Article 11

If the usurped state land is located in an unofficial urban area [ie not in the master plan] and a residency has been built on it, steps will be taken to deal with it according to the requirements of sharia.

If the shelter is built on grabbed state land in contravention of the urban plan, the decision to maintain or destroy that shelter will be submitted to the specialcourt after a decision made by the authorities.

Land grabbed for the purpose of erecting public buildings

Article 12

(1) If a mosque, madrasa or other holy place, park, hospital, clinic, kindergarten, educational institute or other common building has been established for the purpose of the public benefit and according to the construction plan, or the mentioned land does not worth to take benefit from that land, [an announcement] to maintain or destroy those places will be presented to the special court following a decision made by the authorities.

(2) If the land mentioned in the 1st sentence of this article [mosque, madrasa, park, etc] is in the urban plan, but the type of benefit derivable from the land is not indicated in the detail of the plan, then the land will be registered in respective Base Office [the office where the state land has been registered with the qualitative and quantitative details and is turned as useable for public profit].