KABUL — The Taliban’s Ministry of Justice has announced that a new law on the review of movable and immovable properties belonging to absent persons has been endorsed by the group’s leader, Hibatullah Akhundzada, and published in the official gazette. The law consists of 31 articles.

In a statement released on Monday, June 1, the ministry said the law, titled “Law on the Review of Movable and Immovable Properties of Absent Persons,” establishes procedures for keeping such properties under the control of current occupants, protecting them, or transferring them to the state treasury (Bait-ul-Mal) under specific conditions.

According to the statement, the relevant authority is responsible for safeguarding the properties of absent or missing individuals when no one is in possession of them and there is a risk of unlawful seizure.

The Ministry of Justice said the law will be implemented by the Directorate for the Review of Movable and Immovable Properties of Absent Persons, operating under the Military Deputyship of the Supreme Court. Its responsibilities include registering and leasing properties, selling movable assets, overseeing tenants’ obligations, processing administrative procedures, determining conditions for legal representatives of absent persons, recognizing powers of attorney issued abroad, and returning collected revenues to property owners.

Concerns Over the Seizure of Opponents’ Properties

Article 9 of the law states that if the owner, heirs, or legal representative of a protected property appear and request its return, the directorate must hand over the property in accordance with a judge’s order. However, the return of properties or revenues belonging to individuals classified as “Sa’een bil-Fasad” (those accused of spreading corruption) is subject to the approval of the Taliban leader.

The Taliban administration has not clarified who falls under the category of “Sa’een bil-Fasad.”

The law further states that properties whose owners have died without heirs or legal claimants will be transferred to the state treasury.

Article 29 provides that houses unlawfully occupied by individuals or official and unofficial entities, either before or after the Taliban’s return to power, must be returned to their rightful owners or legal representatives following a court order.

Approximately four months ago, Akhundzada issued a decree ordering the review, classification, preservation, and confiscation of properties belonging to “absent persons and those accused of spreading corruption,” assigning responsibility for the process to the Military Deputyship of the Supreme Court.

The decree has raised concerns about the future of properties owned by Afghans living in exile, particularly political opponents of the Taliban. Reports have emerged alleging that the Taliban have taken control of residential areas and properties belonging to political opponents residing abroad.
Human rights observers and critics have expressed concerns that the broad and undefined provisions of the law could be used to justify the confiscation of assets belonging to exiled Afghans and government critics.