Abstract

This study explores the challenges of land and property registration in Nangarhar, Afghanistan, from legal, administrative, and social perspectives. Despite the importance of a robust land registration system for legal certainty and economic growth, ongoing conflict and institutional weaknesses have rendered it largely ineffective, leading to an increase in property disputes and reliance on informal legal mechanisms.
The research aims to identify the gaps between the legal framework and its practical application, particularly the impact of legal pluralism. A mixed-methods approach was utilized, including legal analysis and semi-structured interviews with 15 legal scholars. Findings reveal that, while the property registration framework theoretically protects rights, practical issues such as weak administrative capacity, lack of transparency, lengthy processes, high costs, and corruption hinder effective enforcement. Consequently, individuals often turn to customary documentation and local agreements, which are seen as faster and more credible.
The research highlights that legal pluralism significantly undermines the efficacy of formal registration. It contributes to the discourse on the rule of law, emphasizing the need for transparency, stronger institutions, and social legitimacy. Recommendations include simplifying the legal framework, enhancing the registration agency's capacity, expanding digital registration, and integrating customary systems. In conclusion, the challenges of property registration in Nangarhar require not only legal reforms but also administrative improvements and better coordination between formal and informal systems.