Taliban have issued a new law that grants their leader, Hibatullah Akhundzada, the final authority over the return of assets belonging to individuals they classify as opponents of their rule.
The law, published in the Taliban’s official gazette under the title Law on the Review of Movable and Immovable Property of Absent Persons, establishes procedures for managing the assets of individuals who are absent, missing or otherwise unable to access their property.
One of its most consequential provisions concerns people designated as sa’een bil-fasad — a term the law uses for individuals accused of opposing the Taliban administration, continuing their opposition, promoting discord or supporting what it describes as “corrupt elements.”
Under Article 9 of the law, property belonging to ordinary owners can be returned to them, their heirs or legal representatives through a judicial order. But assets belonging to individuals classified as sa’een bil-fasad may be returned only with the approval of Akhundzada.
The provision states that “the transfer of the property of those striving for corruption, or the proceeds from their property, can take place only by order of the Commander of the Faithful,” a title used by the Taliban leader.
The measure effectively gives Akhundzada personal authority over the release of assets or income belonging to individuals deemed political opponents of the Taliban rule.
The law defines an “absent person” as someone who, or whose legal representative, cannot access his or her property. A “missing person” is defined as someone whose whereabouts and status — whether alive or dead — are unknown.
Responsibility for implementing the law has been assigned to a special department operating under the military deputy of the Taliban Supreme Court. The office is tasked with identifying, registering, protecting, managing and collecting revenues from the assets of absent persons.
The law also authorizes the department to coordinate with a range of Taliban institutions, including the General Directorate of Intelligence, Kabul Municipality, the state land authority, Da Afghanistan Bank and other government bodies to obtain information related to ownership and assets.
The decree comes as thousands of Afghans, including politicians and anti-Taliban figures, who fled the country following the Taliban’s return to power in August 2021 continue to own homes, land, businesses and other property inside Afghanistan.
Taliban say the law is intended to regulate the management of assets whose owners are absent or missing. However, critics say the broad and loosely defined category of sa’een bil-fasad could give Taliban authorities significant discretion in determining whose property can be withheld.
The measure is also likely to draw scrutiny because of longstanding allegations of land seizures and property disputes involving Taliban officials.
Over the past several years, local residents, former government officials and rights advocates have reported cases in which Taliban members or commanders allegedly occupied private homes, seized land or took control of property belonging to former officials and other citizens.
In a recent case, sources told Amu that Taliban intelligence authorities detained a local Taliban commander in Badakhshan province, identified as Musa Kaka, on allegations of illegally seizing private land in Shukai district. The arrest reportedly followed disputes linked to gold mining operations in the area.
