Civil penalty serves as an enforcement guarantee for the implementation of contracts and obligation, Due to its compatibility with human rights, it has better efficiency. There has been no research on civil fines in afghan law before this article. It examines the civil penalty with a comparative view in the laws of Iran and Afghanistan.
By analyzing and reviewing legal materials, data and information and applying an analytical-descriptive approach, an attempt has been made to answer the question of whether there is a civil penalty in the laws of Iran and Afghanistan, and what are its conditions
 Based on the research findings: civil penalty has a special nature that its realization requires the existence of substantive and formal conditions. The extent of this punitive measure is substantially wider in Afghan law than Iran. Articles 824 and 825 of the Civil Code of Afghanistan deal with the nature and provisions of civil fines. In Iranian law, Article 729 of the Civil Procedure Law of 1318 is the legal origin of the civil penalty, which according to this research, the provisions of the said article have not been aborgated , and even assuming the aborgation of Article 729, the civil penalty in Iranian law has origins and grounds the decision of the  court.