An Analysis of the Principle of Individual Criminal Responsibility in Islam and Afghanistan’s Criminal Law
DOI:
https://doi.org/10.61438/bsrqj.v2i3.125Keywords:
Principle of individual criminal responsibility, violation of law, criminal responsibility, Wizr rule, criminal justiceAbstract
The principle of individual criminal responsibility asserts that each person is accountable for their own criminal behavior. This principle, based on Islamic and social justice perspectives and justice-oriented ideologies, is recognized as a fundamental principle of criminal law. It is crucial to ensure proportionality between the crime and the offender, as well as to determine its applicability or non-applicability to legal cases. Therefore, examining this principle as criminal behavior in Afghanistan's criminal law is essential and warranted. The primary question is: What is the position of the principle of individual criminal responsibility in Islamic and Afghanistan’s criminal law? The author hypothesizes that the principle of individual responsibility for crime and punishment is acknowledged in both Islamic and Afghanistan’s criminal law. This study analyzes the issue from the perspectives of Islam and Afghanistan's criminal laws through a descriptive-analytical method using library resources. The findings of the study indicate that in Islam, the "Wizr" rule exemplifies the principle of individual criminal responsibility, which is also reflected in the Criminal Law of 1964. In addition, this principle generally exists as a rule in Afghanistan’s criminal law.
References
The Holy Quran.
Abolfazli, M. (2007). The constitutional law of the Islamic Republic of Afghanistan. Kabul: Khatam al-Nabiyyin University.
Ahmadi, Z. (2002). The institution of Aqila in Islamic criminal law. Tehran: Mizan Publishing.
Ardebili, M. A. (2010). General criminal law (22nd ed.). Tehran: Mizan Publishing.
Asgandari, A. K. (2010). General criminal law (Lecture notes). Kabul: Khatam al-Nabiyyin University.
Ashouri, M. (2006). Criminal procedure law (11th ed.). Tehran: SAMT Publishing.
Diobandi, M. H. (2003). Kabli interpretation (Trans. by a group of Afghan scholars). Tehran: Ehsan Publishing.
Ebrahim, M. (2015). The principle of personal criminal responsibility in Afghanistan's legal system (Master’s thesis). Khatam al-Nabiyyin University.
Goldouzian, I., & Hosseinjani, B. (2005). The foundations of the principle of personal criminal responsibility. Specialized Journal of Theology and Law, 15–16, 129–146.
Habibi, Z. A. (2012). Crimes against public security and tranquility in Afghanistan's criminal law. Kabul: Maqsudi Publishing.
Jafari Langroudi, M. J. (1989). Legal terminology (4th ed.). Tehran: Ganj Danesh Library.
Jean-Jacques Rousseau. (1962). The social contract (Trans. by G. Z. Zirakzadeh). Tehran: Chehr Cooperative Company.
Katoozian, N. (2010). Family law. Tehran: Joint Stock Publishing Company.
Moqaddam Damad, M. (2004). Principles of jurisprudence 4. Tehran: Center for Islamic Sciences.
Pradel, J. (1994). The history of criminal thought (Trans. by A. H. Najafi Abrand Abadi). Tehran: Shahid Beheshti University.
Research Center of Seminary and University. (2002). An introduction to Islamic law (3rd ed.). Tehran: SAMT Publishing.
Salehi Zaker, G. R. (2010). Strategic principles of criminal law in the constitutional laws of Iran and Afghanistan under international documents. Tehran: Mizan Publishing.
Sanei, P. (1970). Preliminary draft of general criminal law. Tehran: Faculty of Law and Political Science, University of Tehran.
Tanain, Z. (2011). Afghanistan in the twentieth century (3rd ed.). Tehran: Erfan Publishing.
Validi, M. S. (2006). General criminal law (Vol. 1). Tehran: SAMT Publishing.
