20.07.2026 "Modern Science and Research" xalqaro ilmiy jurnali 1 seriyasi. Volume 5 Issue 7
Abstract. Personal status constitutes one of the most significant domains of private international law, as issues relating to marriage, divorce, filiation, guardianship, legal capacity, and succession frequently involve conflicts among different legal systems. The determination of the applicable law in such matters plays a fundamental role in safeguarding legal certainty, protecting individual rights, and ensuring the stability of family relationships. The legal systems of Iran and Afghanistan, despite their shared Islamic legal heritage and cultural affinities, have developed distinct approaches to the resolution of conflict-of-laws issues concerning personal status. This study aims to undertake a comparative analysis of the conflict-of-laws rules governing personal status in the legal systems of Iran and Afghanistan. Employing a descriptive-analytical and comparative methodology, the research examines the conceptual foundations of personal status, the principal connecting factors utilized in determining the applicable law, and the legal treatment of key institutions such as marriage, divorce, parent–child relations, guardianship, tutorship, and legal capacity. Particular attention is devoted to the role of nationality as the primary connecting factor in both jurisdictions and to the challenges arising from characterization, public policy, multiple nationality, statelessness, and cross-border family relations. The findings indicate that both legal systems predominantly adhere to the nationality principle in matters of personal status, reflecting the close relationship between an individual’s legal identity and the state of nationality. Nevertheless, differences exist in the scope of application, judicial interpretation, and mechanisms adopted to address contemporary transnational legal disputes. The study further demonstrates that increasing international mobility, migration, and the emergence of complex family relationships necessitate a more flexible and functional approach to conflict-of-laws rules, particularly through greater consideration of factors such as habitual residence and the best interests of vulnerable persons. The article concludes that while the nationality-based approach continues to provide stability and predictability in personal status matters, legal reforms aimed at enhancing flexibility and accommodating modern transnational realities would contribute significantly to the effectiveness and fairness of private international law in both Iran and Afghanistan.
Keywords: Personal Status; Conflict of Laws; Private International Law; Iran; Afghani.