The personal status of the Shiites in Afghanistan and the extent of its alignment with Jafari fiqh ( the Heritage section )

The term personal status applies more to protecting minority’s rights in a society and as the Afghan Shiites are considered a religious minority in that country, the first time the personal status of shia has been imposed in 2009 to observe the rights of the religious minority. Due to the fact that the basis of the personal status of the Afghan Shiites is fiqh, The comparison of the provisions with the fiqh is important. But according to the range of personal status issues, in this paper, it has been tried to refer only to heritage as one of the subjects of personal status to provisins that are not aligned with the bases of fiqh and are not derived from it. In this case, items such as item 3 of Article 194 regarding the legal personality of the legacy and item 3 of Article 196 in the insurance and other rights reserved after the death are examined and the item 6 of Article 197 for the determination of gender and the multiplicity of bearing before birth have been discussed.