The Taliban have enacted a new law establishing a formal system to identify, manage and, in some cases, transfer property belonging to absent or missing individuals in Afghanistan. Announced on 1 June and approved by Taliban supreme leader Mawlawi Hibatullah Akhundzada, the legislation creates a new directorate under the Taliban-controlled Supreme Court and grants authorities broad powers over assets owned by people who are unable to manage their property. The move could affect millions of Afghans living abroad and has sparked debate over property rights and state control.
The 31-article law applies to two main groups: “absent persons,” who cannot access or administer their assets, and “missing persons,” whose whereabouts are unknown. It covers land, homes, businesses, vehicles and other movable and immovable property.
Under the legislation, the newly created Directorate for the Review of Movable and Immovable Properties of Absent Persons can register, verify, protect, lease and administer such assets. Authorities may also collect income generated by properties and hold it in designated accounts. In cases where no lawful heirs or claimants can be identified, property may eventually be transferred to the state treasury.
The law also introduces special provisions for individuals accused of opposing Taliban rule or supporting anti-Taliban activities. Those classified as sa’een bil-fasad – a category defined in the legislation as people promoting discord or supporting “corrupt” elements – face additional restrictions. Any return of their property or related benefits requires the personal approval of Akhundzada, a provision that has drawn significant criticism.
Taliban authorities argue that the measure is intended to address longstanding problems including land disputes, illegal occupation and ownership conflicts. They say it complements broader efforts launched since 2022 to recover allegedly seized land and restore property rights. The law also allows absent owners, heirs and legal representatives to seek the return of assets through judicial procedures and requires the restoration of residential properties that were unlawfully occupied.
Critics, however, warn that the legislation could increase pressure on political opponents and members of the Afghan diaspora. Concerns focus on the broad definition of sa’een bil-fasad, the role of military judicial authorities in overseeing assets, and the practical difficulties many Afghans abroad may face when proving ownership or challenging official decisions.
The law arrives amid ongoing disputes over land and property under Taliban rule. Its long-term impact will depend on how it is enforced. Supporters see it as a mechanism for resolving ownership disputes, while critics fear it could expand state control over private assets, particularly those belonging to political opponents and Afghans living outside the country.
