Islamic Republic of Afghanistan nationality law is regulated by the
Constitution of Afghanistan
Afghanistan is a totalitarian theocracy and emirate in which the Taliban Islamic Movement holds a monopoly on power. Dissent is not permitted, and politics are mostly limited to internal Taliban policy debates and power struggles. As the govern ...
, as amended; the Citizenship Law of the Islamic Republic of Afghanistan and its revisions; the Afghan Civil Code; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, an Afghan national. The legal means to acquire
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Some countries use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies.
Afghan nationality is typically obtained under the principal of
jus sanguinis, i.e. by birth to parents with Afghan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through
naturalization. Since the Taliban took control of the country in 2021, it is unclear what laws are in place. An announced revision to the constitution was planned for 2022, but lack of assurances for governance that complies with the needs and rights of all Afghan people has resulted in no international recognition of the Taliban regime.
Acquiring Afghan nationality
Nationality in Afghanistan is typically acquired by birth to an Afghan or later in life through naturalization.
By birth
According to Abdullah Athayi, an attorney and the program coordinator of Foreign/Security Policies and Democratization for the
Heinrich Böll Foundation
The Heinrich Böll Foundation (german: Heinrich-Böll-Stiftung e.V., HBS) is a German, legally independent political foundation. Affiliated with the German Green Party, it was founded in 1997 when three predecessors merged. The foundation was n ...
, the Afghan law on nationality is based upon
Sharia jurisprudence. Per Athayi, because of stipulations in the Afghan Civil Code, children who are not
legitimate or whose parents were not married under Islamic law cannot obtain either citizenship or nationality. International interpretation varies and other nations have noted that there is a conflict between provisions of the Civil Code and the nationality laws. Those who can acquire nationality by birth include:
* Children born anywhere to at least one parent who is an Afghan national;
* Children born in Afghanistan to foreign parents without
diplomatic immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country. and who permanently live in Afghanistan acquire Afghan nationality upon reaching the
age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
unless they opt for foreign nationality within six months of becoming eighteen;
*
Foundlings
Child abandonment is the practice of relinquishing interests and claims over one's offspring in an illegal way, with the intent of never resuming or reasserting guardianship. The phrase is typically used to describe the physical abandonment of a ...
whose parents are unknown; or
* Children whose parents are proven to be
stateless or who have unknown nationality.
By naturalization
Foreigners and stateless persons may apply for Afghan nationality by naturalization. General provisions are that applicants are of legal majority, have no criminal history in Afghanistan, and have resided within the country for a minimum of five years. Persons who appear to have the potential to harm national security can be rejected. There are no provisions in the nationality law for adoptees to acquire nationality through their adoptive parents.
Loss of nationality
Afghans are allowed to