Ministry of Justice Services

In the Name of Allah, the Most Gracious, the Most Merciful

 

Praise be to Allah, the Lord of the worlds, and may peace and blessings be upon the leader of the Messengers, and upon his family and all his companions.

 

Duties and Functions of the Ministry of Justice

The Ministry of Justice is one of the important and key ministries of the Islamic Emirate, which operates in close cooperation and coordination with other justice and judicial institutions to implement Sharia, ensure justice, and enforce the rule of law.

Providing high-quality legal and justice services to citizens in a balanced manner is one of the fundamental objectives of the Ministry of Justice, which, in this regard, operates based on the legislative documents related to its field of work in the following areas:

• To propose, draft, scrutinize, extract, and process legislative documents, as well as to print and publish legislative documents in the Official Gazette;
• To protect and defend the rights and interests of the public and the administrations of Emirate;
• To provide free legal assistance to indigent suspects, accused persons, and victims, as well as to establish legal public awareness programs for the citizens of Afghanistan;
• To regulate and organize affairs related to defense attorneys;
• To regulate affairs related to unions and charitable foundations;
• To regulate affairs related to real estate agencies and petition writers;
• To issue licenses for translators and authenticate official documents;
• To establish legislative and defense attorneys’ internship programs, and to perform other duties in accordance with the provisions of Sharia and the enforced laws.

Considering the above-mentioned duties and activities, the Ministry of Justice has played an important role in implementing Sharia and providing legal services to citizens, and through its subordinate units, carries out the relevant activities to achieve the fundamental objectives of this Ministry.

Legislative Affairs and Legal-Scientific Research

The General Directorate of Legislative Affairs and Legal-Scientific Research of the Ministry of Justice, in addition to drafting, scrutinizing, extracting, and processing legislative documents and providing legal consultations to ministries and Emirati administrations, holds Legislative Internship Programs and defense attorneyship internship programs for qualified applicants, issues licenses for the translation of official documents, and authenticates the translation of official documents.

A- Establishment of the Legislative Internship Program:

The Legislative Internship Program is a theoretical and practical training course on the methods of drafting and scrutinizing legislative documents, which is held annually by the Ministry of Justice for qualified individuals with the aim of enhancing their professional knowledge. The program is conducted in two semesters, each lasting four and a half months.

Conditions of Registration in the Legislative Internship Program:

• Graduates of religious schools whose educational documents have been approved by the Ministry of Higher Education, as well as graduates of Sharia or Law faculties, shall take the entrance examination, and those who successfully pass the exam shall be admitted to the Legislative Internship Program.
• Official employees of ministries and Emirati administrations who work in the legal and legislative affairs sections, and are graduates of religious schools whose educational documents have been approved by the Ministry of Higher Education or graduates of Sharia or Law faculties, and have been introduced in writing by their respective administrations according to the determined quota, shall be admitted to the Legislative Internship Program.

B- Establishment of the Defense Attorneyship Program:

The Defense Attorneyship Internship Program is a theoretical and practical training course on professional procedures related to defense attorneyship affairs, which is established annually by the Ministry of Justice for applicants seeking to obtain a defense attorneyship license. The program is held after the applicants successfully pass the defense attorneyship entrance examination and pay the prescribed fee, with the aim of enhancing their professional knowledge. It is conducted in two semesters, each lasting four and a half months.

C – License for the Translation of Official Documents:

The license for the translation of official documents is issued to natural persons. Applicants who meet the following conditions may submit a printed petition to the Ministry of Justice:

• Possession of Afghan citizenship;
• Possession of legal capacity;
• Possession of a bachelor’s degree or graduation certificate from a religious school whose documents have been approved by the Ministry of Higher Education;
• Having three years of practical experience in translation in the relevant language for high school graduates;
• Possession of a certificate of completion of at least one year of study from a foreign language training center for those holding an academic degree other than in the relevant language and literature;
• Successful completion of the relevant foreign language examination;
• Possession of an official translation office or introduction by one of the translation offices registered with the Ministry of Information and Culture;
• Having character and appearance in accordance with Sharia;
• Payment of the prescribed license fee.

D – Authentication of Translation of Official Documents:

Applicants for the authentication of official documents may, for the purpose of authenticating their translated documents that have been translated by official translators of registered translation offices, refer to the Directorate of Official Document Authentication located on Pashtunistan Watt in the former building of the Ministry of Justice, or to the respective provincial Directorates of Justice in Nangarhar, Kandahar, Herat, Kunduz, Badakhshan, Balkh, Khost, Paktia, and Nimroz provinces.

Conditions for the Authentication of Translation Official Documents:

• Submission of the original document along with its translation;
• The document shall have been translated by one of the official translators;
• The document shall be submitted by the person concerned, their close relatives (ascendants or descendants), or their official attorney;
• Payment of the prescribed authentication fee.

Documents Eligible for Authentication:

• National identity card;
• Birth certificate;
• Death certificate;
• School and higher education documents;
• Driving license and travel permit;
• Certificate of residence;
• Legal deeds (marriage certificate, spousal certificate, power of attorney, single-status certificate, and other deeds);
• Other official documents.

Defense of Public Rights and Interests and of Emirati Administrations

Defending and protecting (movable and immovable public, Emirati, and endowment) properties inside and outside Afghanistan; filing lawsuits before the courts on behalf of ministries and Emirati administrations; responding to lawsuits filed by individuals before the courts on behalf of ministries and other Emirati administrations; reviewing disputes between (ministries, Emirati administrations, enterprises, mixed companies, and municipalities); and issuing settlement decisions and resolving disputes among them are the core and fundamental duties of the Directorate of Emirati Cases of the Ministry of Justice.

Legal Assistance

The Directorate of Legal Assistance of the Ministry of Justice, with the aim of supporting vulnerable groups of society, provides free legal assistance to indigent individuals, offers free legal consultations, and establishes legal awareness programs in the center and provinces.

A – Offering Free Legal Assistance:

Indigent suspect, accused, or victim in criminal cases, as well as indigent women and children in family (domestic) cases, may request legal assistance (a free defense attorney) to defend their Sharia-based rights as follows:

• Submission of a printed petition by the applicant or their relatives to the Ministry of Justice in the center, or to the Directorates of Justice in provinces;
• Filling out the indigence verification form;
• Agreement of the indigent suspect, accused, and victim with the legal assistant for the purpose of proceeding with the case and receiving free legal assistance.

Note: Courts, the Directorate of Prison Affairs Regulation, Criminal Investigation Department, and the Directorate of Law may officially request the Ministry of Justice the assignment of legal assistant (a free defense attorney) to defend the Sharia and legal rights of indigent suspect, accused, or victim in the aforementioned cases.

B – Offering Free Legal Consultation:

The Ministry of Justice, in order to resolve legal problems and enhance the legal awareness of citizens, offers free legal consultation as follows:

• Offering legal consultation to indigent suspect, accused, or victim in criminal cases, as well as to indigent women and children in family (domestic) cases, through legal assistant;
• Offering legal consultation to citizens by public legal awareness officers during the establishment of legal awareness programs;
• Applicants seeking free legal consultation may refer to the Directorate of Legal Assistance in the center or to the Legal Assistance Departments in the provinces.
• They may also contact the Consultation Center (Call Center) by calling the free number (188) or the following numbers: 020 252 6790 and 020 252 6832.

C – Establishment of Legal Awareness Programs:

Since the majority of citizens lack sufficient knowledge of Sharia, legal, and statutory matters enshrined in the sacred Islamic Sharia and enforced laws, as well as of the means of accessing these rights and the procedures for referring to judicial and justice institutions, the public legal awareness officers of the Ministry of Justice hold legal awareness programs for citizens in mosques, schools, universities, districts, police precincts, and places of deprivation of liberty, both in the center and in the provinces.

Regulation of Defense Attorneys’ Affairs

The Directorate of Defense Attorney of the Ministry of Justice, in accordance with the Defense Attorney Cohesion Procedure, regulates the issuance and renewal of the defense attorneys’ license, supervising their activities, and dealing with their problems throughout the country.

1. Conditions for Employment of Defense Attorney:

• Possession of Afghan citizenship;
• No conviction for a felony crime;
• Possession of a graduation certificate from religious schools, whose documents have been approved by the Ministry of Higher Education, or having at least a Bachelor’s degree in one of the fields of Sharia or Law;
• Successfully passing the Defense Law Entrance Exam in accordance with the entrance exam regulation;
• Filling out and completing information form.

2. Defense Attorney Entrance Exam:

• Submission of a printed petition addressed to the Ministry Authority;
• Submission of copies of educational documents and national identity card;
• Filling out the exam registration form.

3. Issuance of Defense Attorney License:

• Passing the entrance exam;
• Completing the periodic form;
• Completing the specified Defense Attorney Internship period;
• Payment of the prescribed fee for the attorney license;
• Registration and issuance of the defense attorney license;
• If the applicant has previously completed the programs of Defense Attorney Internship, legislation, judiciary, or the Legal Training National Center, or has at least three years of actual work experience in the professional sectors of the judicial, prosecutorial, or Ministry of Justice, he shall, in accordance with the provisions of the Defense Attorneys Cohesion Procedure, be exempted from completing the specified period of the Defense Attorney Internship.

4. Handling of Three Criminal Cases Free of Charge:

The defense attorney shall be obligated, in accordance with the Defense Attorneys Cohesion Procedure, to defend three criminal cases free of charge within one year, after being introduced and approved by the Ministry of Justice.

Indigent suspect and accused, or their close relatives (ascendants and descendant (, in criminal cases may, by submitting a printed petition addressed to the Ministry Authority of Justice, request the appointment of a defense attorney free of charge for the handling of their case.

5. Handling of Complaints Against the Defense Attorney:

If a client has a complaint against their defense attorney, they may submit a printed petition addressed to the authority of the Ministry of Justice, requesting that their complaint be handled.

The Ministry of Justice shall handle the mentioned complaint in accordance with the Defense Attorneys Cohesion Procedure.

Regulation of the Affairs of Associations and Social Institutions

The General Directorate of Cohesion of the Ministry of Justice shall undertake the registration, issuance, extension, and renewal of license of unions, charitable foundations, as well as supervision of their activities at the central and provincial levels.

Applicants may submit their printed petition for the establishment of an association (charitable foundation or union) to the Ministry of Justice in the center, and to the Provincial Directorates of Justice in the provinces.

1. Conditions for the Establishment of an Association (Charitable Foundation and Unions):

• Having at least ten founding members;
• Having a bylaw;
• Having a work office in the specified location;
• Payment of the prescribed association license fee;
• Submission of a bank statement evidencing a guarantee deposit of 500000 (five hundred thousand Afghanis); this condition is applicable only to charitable foundations.

2. Conditions and Qualifications of the Founders of an Association (Charitable Foundations and Unions):

• Possession of Afghan citizenship;
• Completion of (18) years of age;
• Not being deprived of civil rights by a court ruling.

Regulation of Affairs Related to Real tates and Petition Writers

The General Directorate of Cohesion of the Ministry of Justice shall undertake the registration, issuance, extension, and renewal of license of real states and petition writers, and supervision of their activities.

Applicants may submit their printed petitions for the establishment of real estate and petition-writing offices to the Ministry of Justice in the center, or to the provincial Directorates of Justice in the provinces.

1. Conditions for Obtaining a Real Estate License:

• Possession of Afghan citizenship;
• Completion of (18) years of age;
• No conviction for crimes related to the real estate occupation, or deprivation of civil rights by a court;
• Possession of a twelfth-grade graduation certificate or higher;
• Not holding an official position;
• Submission of an official or customary ownership deed for immovable property valued at no less than five hundred thousand Afghanis, or submission of a bank receipt;
• In case of submitting a customary deed, copies of the (identity card of the owner of the customary deed, the sanitation book, and the identity card of two guarantors) shall also be required;
• Payment of the prescribed real estate license fee;
• Personal presence of the license applicant.

2. Handling of Complaints Against Holders of Real Estate License:

If one of the parties of the contract has a complaint regarding the performance of the holder of a real estate license, they may, by submitting a printed petition, request a review of their complaint from the Ministry of Justice in the center or from the Provincial Directorates of Justice in the provinces.

3. Conditions for Obtaining a Petition-Writing License:

• Possession of Afghan citizenship;
• Completion of (18) years of age;
• No conviction for a felony crime, or deprivation of civil rights by a court;
• Possession of a twelfth-grade graduation certificate or higher;
• Not holding an official position;

• Personal presence of the applicant;
• Payment of the prescribed fee.

4. Handling of Complaints Against Holders of Petition Writing License:

If a person has a complaint against a holder of a petition writing license, they may, by submitting a printed petition, request the handling of their complaint from the Ministry of Justice in the center and from the Provincial Directorates of Justice in the provinces.

Printing and Publication of Legislative Documents:

The Publication and Public Relations Directorate of the Ministry of Justice shall regulate affairs related to the printing and publication of legislative documents in the Official Gazette, the Adalat Magazine and the dissemination of information regarding the activities of the Ministry.

1. Publishable Documents in the Official Gazette:

• Laws;
• Procedures;
• Decrees;
• Edicts;
• Registration of documents and trademarks;
• Contracts, agreements, covenants, and conventions;
• Other documents and matters that require publication according to the Law.

2. Printing and Publication of Specialized Articles and Materials (Sharia and Legal) in the Adalat Magazine:

Adalat Magazine is a specialized publication in which specialized articles and materials (Sharia and Legal) and important reports on the functions of the Ministry of Justice are published.

Employees of Emirati administrations, scholars, university professors, and other writers may submit their specialized and legal articles and materials for publication in the mentioned magazine directly to the Ministry of Justice, or send them via the official email address (adalat@moj.gov.af) or through the WhatsApp number (0744662828).

3. Method of Access to the Official Gazette and Adalat Magazine:

Interested individuals may obtain the Official Gazette and Adalat Magazine from the following addresses:

• By visiting the Sales Section of the Official Gazette and Adalat Magazine located at the Ministry of Justice;
• By visiting the website (www.moj.gov.af).

4. Public Relations:

Since access to information and knowledge is the right of citizens, the Public Relations Department of the Ministry of Justice shall undertake the task of informing the public about the Ministry’s activities through publication on the website and social media pages, interviews with media, distribution of newsletters and coordination with media, presentation of reports on the Ministry’s activities, and direct information dissemination.

5. Communication Channels for Obtaining Information:

• Phone number and WhatsApp: (0794866252);
• Email address: (moj.afghanistan@gmail.com);
• Location of the Ministry of Justice: District Six, west of Darulaman Palace, Kabul – Afghanistan

6.  Website Section:

The website of the Ministry of Justice contains the following key content and materials:

• The Official Gazette (legislative documents and commercial advertisements);
• Adalat Magazine;
• News and reports;
• Legal articles;
• Policies;
• Voluntary announcements;
• Job vacancy announcements;
• List of charitable foundations;
• List of unions;
• List of real estate offices;
• List of defense attorneys.

7. Library of the Ministry of Justice:

The Ministry of Justice has a scientific, specialized, legal, and Sharia library, which employees of Emirati administrations and other citizens may visit during official hours the mentioned library with the aim of studying their preferred books and the enforced laws.