The Ministry of Justice (MoJ) is the primary implementing authority. In particular, the MoJ’s Huquq Departments are mandated with enforcing this Law. The Law provides guidance on the process of drafting and submitting a proper legal petition (ariza)—the starting point for securing one’s rights. The Huquq Department will consider various types of documents including judicial rulings, government-issued documents, and customary documents.

The creditor has several statutory means for collecting their judgment. Where appropriate, the Huquq Department may adopt various actions including, inter alia, freezing the debtor’s bank account(s), selling the debtor’s property, garnishing the debtor’s wages, or placing the debtor’s assets under hajr. Special rules govern the sale of the debtor’s property through auction. The Law, however, requires that the primary needs of the debtor be considered in the judgment collection proceedings.

The Law also addresses an array of other issues including the unlawful occupancy of real property, disputes related to leases, mandatory enforcement of final court decisions, and coordination among relevant agencies and authorities.

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About Author:

Mehdi J. Hakimi is the Executive Director of the Rule of Law Program and Lecturer-in-Law at Stanford Law School. He was the former Chair of the Law Department at the American University of Afghanistan (AUAF). Hakimi has worked with various institutions on international development and human rights issues including The Asia Foundation and Yale Law School. He has advised international organizations, governments, academic and research institutions, and global law firms on, inter alia, the Afghan legal system. His scholarship is published or forthcoming in leading academic journals including the California Law Review, the Yale Journal of International Law, the Stanford Journal of International Law, the Columbia Journal of Transnational Law, the Georgetown Journal of International Law, the Northwestern Journal of Human Rights, and other journals. He has authored or co-authored multiple books on the laws of Afghanistan. Hakimi has been cited and quoted in major judicial decisions, government reports and policy documents, academic literature, and popular media outlets. A licensed attorney, he holds a Juris Doctor (J.D.), an M.B.A., and a B.A. (Economics & Law). Hakimi is an LL.M. candidate at Harvard Law School.