Although women’s right to own land is recognized under law and Islamic Sharia in Afghanistan, some women engaged in farming lands in Faryab say they have been denied this right. They explain that, despite inheriting agricultural land and putting in years of hard work in plowing, sowing, irrigating, and harvesting—the land deeds have still not been registered in their names due to incorrect social customs.
Zarghona, 38-year-old from Maimana city in Faryab, says she has worked on her family’s farmland for many years. Despite having a legal share of the inheritance, the official land deed is registered in her brother’s name.
“I work on this land and have an inheritance share, but the land’s deed is in my brother’s name. When the inheritance was divided, no one told me that it should be registered in my name. They always said my share was secure this way.” she says.
Shakila, 35-year-old, another resident of Maimana city, says she also has a share in land left by her father. However, decisions about selling or leasing the land are made by the male members of her family.
“I have worked on this land for years, but the land’s deed is not in my name. If the family supported me, I could register my land in my own name.” she adds.
Bibi Amena, 45-year-old, from ‘Belcheragh’ district of Faryab, says that after her father’s death, the land was divided among her brothers, and she was unable to obtain her rightful share due to incorrect social customs. She says,
“When my father passed away, the land was divided among my brothers, but I received nothing. I also worked on that land, but they said land belongs to men. Up to this day, I have not been able to take my share.”
She adds that she made efforts to raise the issue with her family but faced opposition and has not yet taken formal legal steps to receive her rights.
Meanwhile, several legal experts and religious scholars state that, under Afghanistan’s laws and Islamic Sharia, women and men have equal rights to own land. Mohammad Aref Noor, a legal expert, says,
“According to the law and Islamic Sharia, women have the right to own land and to register it in their own names. There are no legal restrictions in this regard. However, in some cases, social challenges prevent women from exercising this right.”
Abdullah, a religious scholar, also says, “Under Islamic Sharia, women, like men, have the right to own property. No one has the right to deprive them of registering land in their own names.”
Officials from the Department for the Promotion of Virtue and Prevention of Vice in Faryab have also emphasized women’s full ownership rights. They say that if women are prevented their share inheritance or if their property is unlawfully taken, the matter will be referred to the relevant judicial authorities.
Sebghatullah, head of the department for the Promotion of Virtue and Prevention of Vice in Faryab, says, “In Islamic Sharia, women have ownership rights, and no one can deprive them of this right. If a complaint is received, it will be reviewed and action will be taken to resolve them.”
Despite the recognition of women’s property rights in both law and Sharia, a gap remains between the law and social reality, where traditional practices continue to deprive women of their property rights.
