Spotlight: Women's Inheritance Rights Under the Taliban

Spotlight: Shaking the Sky: Women’s Attempts to Claim Their Inheritance Rights Under the IEA, Afghanistan Analysts Network, by Letty Phillips and Rama Mirzada, March 2, 2025

The fifth provision of Supreme Leader Hibatullah Akhundzada's Decree 83/1, issued in December 2021, states that: "Women have a fixed inheritance right when it comes to the property of their husbands, children, father and other relatives. No one can deprive them of this right based on either fardiyat [primary heirs] or asabiyat [residual heirs].” Under Islamic law, women are entitled to specific shares—typically daughters receive half the share of sons, and widows receive one-eighth of their husband's estate if they have children. The AAN report, based on interviews with ten women and their families involved in inheritance disputes, explores whether the Taliban's emphasis on this aspect of Sharia is actually improving women's ability to claim these long-denied rights

Legal Frameworks and Claims Women can pursue inheritance claims through two channels under the IEA: district courts or the Ministry of Propagating Virtue and Preventing Vice (commonly known as Amr bil-Maruf). The Taliban have actively promoted their enforcement of women's inheritance rights, with the Supreme Court reporting 1,337 resolved cases in a single quarter of 2024, and Amr bil-Maruf claiming to have helped nearly 4,600 women receive their inheritance since 2021. However, a UN Women survey conducted in late 2024 found that, nationally, 81% of respondents reported no change in women's access to inheritance rights since 2021, suggesting a gap between Taliban claims and widespread experience.

Regional variations are significant Some provinces report improvements while others cite deterioration, per AAN. In Zabul and Uruzgan, 29% and 21% of respondents respectively reported increased success in women's inheritance claims. Conversely, in Khost and Logar, 27% and 32% respectively reported declining success rates. AAN's interviewees from northern urban areas (Mazar-e Sharif, Maimana, Kabul, and Bamyan) perceived increased claims, while those from rural Helmand and Paktia saw no change in their communities.  The rise in claims may partly reflect general economic desperation. 

Women's Experiences with the IEA Legal System

• Trust Most women interviewed by AAN expressed confidence in the IEA courts compared to the Republic-era system, which they viewed as corrupt and ineffective. Though some, particularly within the Hazara community in Kabul, rejected this view.

• Preference for customary justice systems All interviewees had first tried to resolve their disputes through traditional channels—family discussions, community elders, or local mullahs—before approaching courts as a last resort. The IEA courts themselves often refer cases back to communities for resolution, provided the outcome complies with Sharia.

Persistent Barriers to Women's Inheritance Claims

• Travel Traveling to court remains difficult for women without a mahram (male guardian) due to Taliban movement restrictions. Most women interviewed were represented in court by husbands or brothers. Those without male support struggled to access justice.

• Patriarchal norms In many communities, especially rural Pashtun areas, claiming inheritance is considered deeply shameful. Attempting to claim may cause familial ostracization. Though, communities within urban areas of Afghanistan display a more open minded view of women’s inheritance rights.

• Lack of Knowledge Some described deliberate suppression of information about their rights. One woman explained: "The right to inherit is kept secret from most women because they're illiterate." Many claims fail due to lack of formal property documentation, forcing women to accept informal settlements on unfavorable terms.

The AAN report concludes that, while the Taliban may genuinely be enforcing women's inheritance rights in court, they face a difficult balancing act. Challenging deeply entrenched cultural norms could undermine community support for their rule. Meanwhile, women must weigh the potential material benefits of inheritance against the risk of permanent family rupture in a society where family connections remain essential for survival.