In:
International Criminal Law Review, Brill, Vol. 9, No. 4 ( 2009), p. 667-687
Abstract:
In modern Afghanistan, one major problem with which legal scholars struggle is identification of the concept of crime. While crime is identified and defined in the Afghani Secular Penal Code of 1976, as well in Islamic Law (Shari'ah), jurisprudence of the courts and traditions take precedence in the everyday lives of Afghanis. Court's jurisprudence and the traditional dispute-resolution system are deemed to be a product of Islamic jurisprudence, notwithstanding that, in some cases, they represent an erroneous interpretation and application of Shari'ah as this article will examine. This article focuses on the concept of crime in Islamic law and analyses the court's jurisprudence and traditional system, which are widely applied throughout different parts of Afghanistan, and seeks to identify their relationship between Islamic and secular laws and whether they are consistent with Islamic Shari'ah.
Type of Medium:
Online Resource
ISSN:
1567-536X
,
1571-8123
DOI:
10.1163/156753609X12487030862700
Language:
Unknown
Publisher:
Brill
Publication Date:
2009
detail.hit.zdb_id:
2065601-4
SSG:
2
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