The Kateb International Journal of Law, published by Kateb University, is a peer-reviewed scholarly journal that follows a double-blind review process. It is issued on a biannual basis and provides open access to its full content. TThis journal operates across various fields of law, with a focus on areas such as Private Law, Criminal Law and Criminology, and International and Public Law. The primary objective of the journal is to advance and develop legal knowledge through original research and its dissemination, with a specific focus on the in-depth understanding and analysis of pertinent legal challenges at the national, regional, and international levels, and the pursuit of innovative legal solutions, founded upon the principles of justice and the rule of law, to effectively address them. The journal welcomes both original research articles and review papers from scholars that explore significant and emerging issues in its areas of focus. Submissions must be original, unpublished, and not under review by other journals. General Information Title (English): Kateb International Journal of Law Title (Persian): مجله بین المللی حقوق کاتب Publisher/Owner: Kateb University Publishing Body: Kateb University Scope: Private Law, Criminal Law and Criminology and Public and International Law Peer-Review Model: Double-Blind Review Year of Establishment: 2013 (originally launched as Kateb Scientific Quarterly) Date of National Accreditation: 13/05/2021 Accreditation/Rank: Holds an international license from the Ministry of Higher Education of the Islamic Emirate of Afghanistan. Average Time for Initial Review: Approximately 10 days Average Peer-Review and Acceptance Period: 2–3 months (minimum of two referees) Publication Frequency: Biannual (two issues per year) Languages of Publication: Persian (Dari) and English Format: Electronic and limited print edition Access Policy: Free and Open Access (full text) Print ISSN: 3006-5739 Online ISSN: 3006-5747 Citation Style: APA (6th Edition)
International Commercial Contracts in Islam
International commercial contracts are regarded as fundamental instruments in facilitating economic exchanges and fostering trade relations among nations in today’s globalized world. These contracts are not only governed by the principles and rules of international law but are also influenced by cultural and ethical values within different legal systems, including Islamic law. In international law, foundational principles such as freedom of contract, legal security, and fairness in transactions are emphasized, while Islamic law focuses on legitimacy of transactions, honesty, and the avoidance of deception. A comparative analysis of the similarities and differences between these two legal systems in the context of commercial contracts contributes to a deeper understanding of the challenges and opportunities within the global market, and can pave the way for establishing fair and sustainable agreements in international trade. This study, entitled “International Commercial Contracts in International Law and Islamic Law”, has been conducted using a descriptive-analytical approach and through library-based research. The findings indicate that international commercial contracts, as vital instruments for facilitating global economic exchanges, are governed by distinct principles and frameworks within both international law and Islamic law. While international law emphasizes principles such as freedom of agreement, mutual obligations, and various dispute resolution mechanisms, Islamic law underscores moral values including justice, fairness, and the legitimacy of contract subject matter. Both systems recognize the essential elements for the validity of contracts and their diverse forms; however, Islamic law distinguishes itself through its unique approach, particularly in supervising the legitimacy and ethical foundations of transactions. Despite existing challenges, convergence between these two systems can enhance and strengthen international commercial relations while safeguarding the rights and interests of contracting parties.
Copyright (c) 2025 Kateb International Journal of Law
Piracy in the Criminal Law of Afghanistan with a Comparative Analysis of Iranian Law
From a religious perspective, highway robbery (ḥirābah) is considered an unlawful act (ḥarām), and from a legal standpoint, it constitutes a crime. In this offense, the perpetrator, with deliberate intent and free will, blocks a public passage while armed, intimidating others and committing acts such as murder, robbery, or the unlawful seizure of property. The act of ḥirābah is not confined to a specific geographical location but may occur anywhere—on land, sea, or air—where public freedom and safety are violated. The significance of this crime lies in the disturbance of public order, the endangerment of lives and property, and the disruption of social security. Consequently, legislators have prescribed severe punishments to deter and prevent the occurrence of this offense. In Islamic jurisprudence, ḥirābah is regarded as one of the most serious crimes due to its destructive social consequences. Legislators, therefore, have adopted harsh and exemplary punishments for offenders. Depending on the gravity of the act and the extent of its harmful effects, the punishment varies according to the degree of the offense. If the offender kills during the commission of ḥirābah, they are sentenced to death; if they seize property without committing murder, their right hand and left foot are amputated. Should the offender merely create fear and intimidation without committing any additional offenses, they are sentenced to exile. However, when multiple crimes are committed simultaneously, the punishment corresponds to the most severe offense. The crime of ḥirābah carries both ḥadd (fixed) and taʿzīr (discretionary) penalties, depending on the presence or absence of aggravating conditions. The present study employs a descriptive–analytical method to examine and analyze the concept of ḥirābah in Islamic law and criminal law, with particular emphasis on its constitutive elements and corresponding punishments.
Recognition of Governments in International Law
The recognition of governments is one of the fundamental and significant issues in international law. A newly established government requires recognition by other states in order to attain legitimacy at the international level. Based on this recognition, existing governments acknowledge the formation of a political entity that possesses the essential elements of statehood and is capable of engaging in international relations. For the full exercise of jurisdiction and acceptance as an active member of the international community, every government, following its establishment, needs to be recognized. Recognition of governments under international law is a topic largely influenced by political mechanisms, and various approaches to its acquisition have been envisaged. At times, recognition occurs collectively through an international organization or a general conference, and at other times it is extended unilaterally. Recognition implies that both the recognizing government and the recognized entity accept and uphold the rights and obligations arising from statehood in their mutual relations, in accordance with international law.There are two prevailing theories in international law regarding the nature of recognition. One holds that recognition grants legal personality to the new government, while the other contends that recognition does not create legal personality or a new state, but rather confirms a pre-existing factual reality. Recognition is considered an essential prerequisite for the establishment of relations between governments and serves as affirmation of rights and obligations for the newly formed government in the international sphere. The methodology of this research is descriptive-analytical, and data has been collected through library research. The findings of this study indicate that governments will not be recognized by the international community unless they demonstrate cooperation with other states in combating terrorist groups, adhere to principles of good neighborliness, observe rules of international law and the standards of international organizations, and comply with norms such as the protection of human rights and women’s rights, as well as the formation of an inclusive government.
The process of issuing arbitration awards in international commercial disputes and its legal effects
International arbitration has developed significantly as one of the leading methods of resolving commercial disputes in the international trade law system. The main goal of the arbitration rules and the expectations of the parties to the dispute in international trade disputes is to reach a decision that the arbitrators make after reviewing the documents and evidence of the case and is reflected in the issued award. This research, based on the Afghan arbitration laws and relevant international documents, examines the process of issuing an arbitration award and its legal effects. The findings of the research, which were conducted using a descriptive-analytical method and using library resources, show that issuing an arbitration award is the final stage of the arbitration process and expresses the outcome of the dispute. Compliance with the basic conditions of the arbitration award, such as being in writing, recording the award, notification to the parties, signatures of the arbitrators, place of issuance and language of the arbitration, play a fundamental role. Arbitration awards include various types, including final awards, partial awards, interim awards and consensual awards. Also, the issuance of an award is subject to strict formal rules such as the agreement of the parties before issuing the award, the issuance of the award by a single or multiple arbitrators, and the claimant's withdrawal from the case. The legal effects of an arbitration award at the international level include binding force, prohibition of recourse to court, and termination of the arbitration. The arbitrator examines the dispute based on the agreement and contract of the parties and issues an award, which after issuing the award, his or her decision is final, enforceable, and has the value of a final order.
International arbitration Issuance Of ’s award
A Juridical and Legal Analysis of the Principle of Legality of Crimes and Punishments with Emphasis on Afghan Law
The principle of legality of crimes and punishments (Nullum crimen, nulla poena sine lege) is considered one of the most fundamental pillars of contemporary criminal law, playing a vital role in guaranteeing criminal justice, safeguarding individual liberties, and ensuring legal security. Based on this principle, no act or omission is subject to prosecution or punishment unless it has been explicitly criminalized and penalized by clear statutory provisions prior to its commission. The significance of this principle is not only confined to Afghan legislative instruments—such as the Constitution and the Penal Code—but is also deeply rooted in the foundations of Islamic jurisprudence. It is recognized and emphasized within both Imami and Sunni schools, particularly the Hanafi school of thought. Adopting a descriptive-analytical approach based on jurisprudential and legal texts, this article seeks to examine the status of the aforementioned principle within the Afghan legal system and explore its jurisprudential underpinnings in the two mentioned schools. The findings of this research indicate that maxims such as "The Reprehensibility of Punishment without Prior Notification" (Qubh al-Iqab bila Bayan), "The Original Permissibility of Things" (Al-Asl fi al-Ashya' al-Ibahah), and the jurisprudential rule of "No Crime or Punishment without a Text" (La Jarimah wa la 'Uqubah illa bi-Nass) are in full alignment with modern criminal law doctrines, especially within Hanafi jurisprudence. These principles provide a legitimate, rational, and acceptable basis for criminal legislation in Afghanistan.
Legal Basis of a Wife’s Right to Withhold Conjugal Relations in Twelver Shi’a and Sunni Jurisprudence and Afghan Law
The right of retention (Haqq al-Habs) is a well-established doctrine in commutative contracts, by virtue of which either party may withhold the performance of their obligation should the other party fail to fulfill their reciprocal commitment. Jurists have extended this principle to the contract of marriage (Nikah), asserting that if the dower (Mahr) is prompt (Hal), the wife may lawfully refuse marital submission (Tamkin) until she receives her dower in full. This subject has long been a matter of scholarly deliberation within Imami and Sunni jurisprudence, as well as in the legal frameworks of several Islamic nations, including Afghanistan. By focusing on the examination and critique of the evidence supporting the wife’s right of retention in Imami jurisprudence, Sunni jurisprudence, and Afghan law, this research scrutinizes the jurisprudential and legal foundations of this right. The significance of this study lies in the direct correlation between the right of retention, the equilibrium of spousal obligations, and the protection of the wife’s financial rights within the family structure. The necessity of this research stems from the lack of comprehensive comparative studies and the demand for an efficient analytical framework of the underlying evidence to inform legislation and judicial precedent. The findings indicate that while the wife’s right of retention is deemed permissible across the studied legal systems, a critical analysis of the evidence suggests that the narrations (Riwayat) and the "Rule of Exchange" in Imami jurisprudence are insufficient to establish this right. Furthermore, the analogy (Qiyas) between marriage and sale (Bay’) in Sunni jurisprudence is identified as a flawed analogy (Ma’al-fariq). Ultimately, it appears that the only tenable evidence is the consensus (Ijma’) of the jurists, provided that such consensus is not "documented" (Madraki)—meaning it should not be derived solely from the aforementioned narrations; otherwise, it would lose its independent evidentiary authority.
Women's Inheritance: From the Wisdom of Differentiation from Men to Their Shares
Inheritance is the transfer of a deceased person’s estate to his or her relatives in accordance with the provisions of the law. As one of the fundamental legal institutions, inheritance plays a significant role in regulating financial relations after a person’s death. The issue of women’s inheritance shares has consistently been one of the most controversial topics in Islamic law and has at times been criticized as a symbol of gender discrimination. Employing a descriptive–analytical method, this article examines the status of women within the Islamic inheritance system and the legal framework of Afghanistan, and analyzes the extent of women’s inheritance shares in their various roles as wife, daughter, sister, and mother. Furthermore, by drawing on jurisprudential sources, the study explores the underlying rationale for the difference between the inheritance shares of women and men, demonstrating that this distinction is based on a just allocation of economic and familial responsibilities between the two sexes rather than on any inherent superiority of men over women. The findings of the research indicate that, in addition to receiving a defined share of inheritance, women benefit from other financial entitlements such as dower (mahr) and maintenance (nafaqah), which collectively ensure their economic security within the family structure. Moreover, the article examines the legal enforcement mechanisms supporting women’s inheritance rights under Afghan law and concludes that the principal challenge lies not in the jurisprudential or legal texts themselves, but rather in the weaknesses of effective implementation and the presence of cultural and social barriers.
Rationale for Gender Disparity in Inheritance
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Defects of Will in Contracts from the Perspective of Afghan Law
The consistency and effectiveness of contracts depends on the will of the parties to the contract, and without it, either the contract is not concluded or it is defective. In some cases, there are factors that cause the will of the contract holder to be defective, which are called defects of the will. The question is, what are the defects of will in Afghan law and what are their effects and legal consequences? This article is an attempt to find an answer to this question and investigates it using descriptive-analytical method. The purpose of examining the defects of the will is to familiarize with the cases and the extent of the contract's vitiability. From the analysis of the articles of the Civil Code of Afghanistan, it is found that "reluctance", "mistake" and "Subreption" are cases of defects of will and consent. Although the legislator did not distinguish between defects of will and defects of consent, while some of these cases are related to defects of will and lead to the invalidity of the contract, while others are related to defects of consent and create the right to rescind.
Copyright (c) 2024 Kateb International Journal of Law
Prohibition and Limitation of Conventional Weapons in International Conflicts from the Perspective of International Humanitarian Law
Based on human rights instruments, life, health, and the enjoyment of physical well-being are inherent human rights. States are obligated to take necessary measures to protect the right to life and health. War and armed conflict pose a significant threat to these rights. Advancements in technology in the context of armed conflict have led to the development of weapons with greater destructive power and harm. Efforts by individuals, states, and human rights organizations have sought to prohibit and restrict many weapons or to limit their use in specific times, places, and circumstances. The result of these efforts has been the adoption of international treaties and agreements to prohibit and restrict many weapons. The first such instruments were the 1864 Geneva Convention and the 1868 St. Petersburg Declaration, which form part of international humanitarian law. One of the primary goals of this body of law is to mitigate the suffering caused by the use of conventional weapons. This research, employing a descriptive-analytical methodology and relying on library research, finds that international humanitarian law seeks to reduce the harmful effects of weapons used in armed conflict. International humanitarian law protects combatants, non-combatants, and their property, including medical personnel, religious workers, teachers, journalists, cultural and religious sites, and even forests and environmentally sensitive areas, from the effects of armed conflict. To this end, the use of unconventional weapons is prohibited, and conventional weapons are also prohibited or restricted in respect of certain persons, places, and circumstances.
The Legal Status of Iran's Attack on Israel in the Context of Retaliatory Actions, Countermeasures, and Self-Defense
In response to Israel's attack on its consulate in Damascus in March 2024, Iran launched retaliatory attacks against Israel, sparking significant discourse within the realm of international law. Various interpretations have emerged, with some characterizing these actions as "retorsion," others as "countermeasures," and still others as "self-defense" as enshrined in the UN Charter. This research delves into the precise nature of Iran's attack on Israel through the lens of these concepts, examining the conditions and distinctions associated with each. Employing a descriptive-analytical methodology and drawing on documentary data, this study concludes that Iran's missile and drone attacks against Israel cannot be categorized as either retorsion or countermeasures. Rather, given the circumstances and characteristics of Iran's actions, they are best understood as an exercise of the right to self-defense. Israel's attack on the Iranian consulate in Damascus constituted an armed attack, fulfilling one of the prerequisites for invoking self-defense. Moreover, the other requirements of self-defense, such as proportionality, necessity, and notification to the Security Council, were also met by Iran's actions. Consequently, it can be argued that Iran's missile and drone attacks constituted a lawful exercise of the right to self-defense under the UN Charter and international law.
Freedom of the Media in the Legal System of Afghanistan
In democratic societies, people have the right to be informed about the realities and developments of their own country and other parts of the world in order to participate in political affairs and major societal decision-making. Achieving this awareness depends on whether freedom of expression and freedom of the media are guaranteed in a country's legal system through the adoption of laws and regulations. In this regard, the United Nations General Assembly, in a resolution adopted on December 20, 1993, declared May 3 of each year as "World Press Freedom Day" to emphasize that governments should fulfill their commitments to support freedom of expression and the media and the free flow of information. Although there is no uniform approach to the establishment and management of the press in different countries of the world, in general, two different systems and methods can be explained: first, the preventive system, in countries with authoritarian systems where media activities are subject to prior approval; second, the punitive system, in countries with liberal systems where there are no restrictions on the establishment and management of the media. However, in Afghanistan, from the beginning of lawmaking to the present, where various political systems with different natures, from secular to religious, have been in power, it has not been clearly determined whether the legal system has adopted a preventive or punitive approach in the area of media freedom. The aim of this research is to determine the approach of different political systems in Afghanistan in this regard and to find out which method has been followed more. The research method is descriptive-analytical, which has been used to refer to legal texts, and related materials have been cited and analyzed. According to the author's research, a comparative analysis of Afghan legal texts in different periods regarding media freedom in accordance with the preventive or punitive method has not been done so far. As a result of examining about a century of lawmaking in Afghanistan, it was shown that the legal system of this country in the field of media activities has had a preventive and strict system, which is characteristic of totalitarian and authoritarian systems. Of course, short periods such as the 20 years of the rule of the republic were an exception rather than the rule. Now, after the fall of the republic and the suspension of the country's legal system, media activities have become devoid of a legal basis and face an uncertain future and unpredictable restrictions.
The impact of social and physical disorder on fear of crime (Case study: Kabul city)
While the issue of fear of crime and its associated social and physical disorder has been extensively studied in the global academic community for decades, it remains a relatively novel concept in Afghanistan. This study aims to elucidate the impact of disorder on the escalation of fear of crime in Kabul City. Employing a survey methodology, this research involved a sample size of 913 individuals aged 15 and above residing in Kabul. A multi-stage cluster sampling technique was utilized to select the sample. The findings reveal that 7.9% of Kabul residents do not fear any crimes, 15.8% have a low level of fear, 39.1% experience a moderate level of fear, 9.9% have a high level of fear, and 27.4% did not provide a response. When ranking the levels of fear from low to high, a concerning 64.9% of residents reported a moderate to high level of fear of crime. The average fear of crime was found to be relatively high (56.24) in the first cluster (West Kabul) and moderate (48.70) in the second cluster (North Kabul), a difference confirmed by statistical tests. Furthermore, fear of crimes against property was reported by 80.4% of respondents, while fear of crimes against persons was reported by 84.2%, both of which are alarmingly high. The results indicate a significant difference between the two clusters, with residents in the first cluster experiencing significantly higher levels of fear of crime. Inferential statistical analysis demonstrates a significant relationship between the variables and fear of crime. A model assessing the impact of variables on fear of crime reveals that social disorder, age, residential location, and physical disorder account for over 70% of the variation in fear of crime, with physical disorder being the most significant variable. A strong positive correlation was found between fear of crime and both social and physical disorder, indicating that as disorder increases, so does the level of fear of crime.
Comparative Study of Conceptual Transformations of Contracts in French Law and Afghan Law
Contract is one of the key terms in contract law and obligations. So far, no comprehensive definition has been provided for this term. The French Civil Code, which is the oldest civil law in existence, has revised the definition of this concept and has made significant changes to the scope and concept of contracts in recent reforms. In this paper, the new definition of a contract in French law is analyzed and compared with the definition in Afghan law, examining the differences and similarities. The findings indicate that the changes in the new French law are in line with the time and demands of the era. In terms of comparison between the two definitions in Afghan and French law, the definition in French law has advantages over the definition in the Afghan Civil Code from certain perspectives, while at the same time, the definition in the Afghan Civil Code has its own merits.
Copyright (c) 2023 Kateb International Journal of Law
The Approach of Afghanistan's Criminal System Towards Environmental Crimes
The increasing growth of successive environmental crises has caused governments to seriously struggle and excogitate of solutions to prevent the destruction of the environment. So far, about 280 international and regional treaties have been concluded in the field of environmental protection. In the domestic field, most of the countries of the world have taken effective steps to codification or modify their internal laws and regulations and policies in the environmental field. In the last two decades, Afghanistan has enacted laws and regulations in accordance with the international law. It is clear, the mere existence of rules and regulations in any field of law, without paying attention to the contexts and how the rules are implemented, cannot be the solution to problems, and the criminalization of violating the rules and the expression of performance guarantees is a necessity of any legal system. In this research, with the aim of evaluating the rules related to environmental protection, especially in criminalization and determining the legal guarantees and sanctions for the violation of environmental obligations, an analytical and descriptive review of the approach of the Afghan criminal justice system has been conducted. We will examine how effective this system has been in protecting the environment. A detailed study of what is included in the criminalization and punishment of the offenders in the laws of Afghanistan shows that the legislator paid relatively good attention to the role of Afghanistan in this field. The Afghan Penal Code has identified the most important environmental crimes in the 11th chapter and determined the punishment for their perpetrators. The environmental code and other related regulations have also given the role of policy maker and supervisor to the National Environmental Protection Agency, and while delegating the authority to detect violations and implement legal evidence, it has considered the possibility of referring the matter for legal prosecution by that agency.
Participation in Environmental Protection from the Perspective of International Environmental Law and Domestic Laws of Afghanistan
Undoubtedly, the environment plays a significant and vital role in the existence and survival of humanity. Consequently, environmental protection has become a serious concern for humans today. This research examines participation in environmental protection from the perspective of international environmental law and the legal system of Afghanistan. The authors of this study have employed a descriptive-analytical method and library-documentary sources to investigate this important issue. The findings of this research indicate that various approaches to participation in environmental protection have been envisaged from the perspective of international documents and the legal system of Afghanistan. These approaches include government participation in lawmaking, government participation in raising awareness, public participation in decision-making, government and public participation in environmental protection, support, and development, government participation in the transfer of science and technology, financial participation of developed countries in improving the environment in developing countries, public participation in seeking compensation and resorting to judicial authorities, and participation of public organizations and groups in environmental protection. International environmental law and the legal system of Afghanistan share many commonalities in these aspects, while also exhibiting differences in certain cases.
Civil liability arising from termination of engagement in Afghanistan law
According to the custom of Afghanistan, a man proposes to a woman of his choice, and if the other party accepts, they are called engaged parties. Marriage engagement is permissible and either party can withdraw from it. On the one hand, the ability to withdraw is necessary for the candidates to know each other and to build a successful and stable life. The lack of family strength imposes many social and economic problems on the society. On the other hand, the ability to cancel and withdraw practically also creates problems, withdrawal without reason and sometimes due to deep-rooted malice and enmity causes a lot of financial and emotional damage to the other party. The question is whether the damages caused to the parties can be demanded or not? Justice and fairness require attention to be paid to the material and spiritual losses of the victim. The present article has been carried out in an analytical and descriptive method and has collected its information in a library manner and has come to the conclusion that: The Civil Code of Afghanistan does not have explicit provisions regarding the necessity of compensation for material and moral losses caused by the termination of engagement, however, it can be done through Referring to the general articles, the necessity of compensation was resorted to in case of abuse of the right. The Afghan Shiite Personal Status Law specifies that if the engagement is terminated without a valid excuse, damages can be claimed from the other party. Being unjustified can be considered as an example of abuse of rights. Absence of judicial ruling in this regard in Afghanistan is against the law due to customs and traditions and cannot be legally invoked.
Comparative Study of Judicial Representation In Iranian and French Law
One of the important legal institutions that plays an essential role in facilitating and speeding up the judicial process in the investigating authorities is judicial representation. Judicial representation is an institution that is formed based on the local jurisdiction of the court and based on its related regulations in cases where the judicial proceedings for reasons such as investigations of informants and witnesses or examination of the premises or any other action that must be conducted outside the court headquarters. the person handling the lawsuit or outside the country, and the supervision of the court (court) is not a condition, In order to prevent the proceedings from being stopped, the judge is required to make a representation to the competent local court (court) so that the representative court (court) takes the necessary measures according to the case and sends the result to the representative court (court) in writing and through the parliament form. As a result, the investigating judge reached a definitive decision by examining the available documents and reasons (indirectly) and issued a hostile decision. The question is what court judges can give judicial representation to do, and what are the similarities and differences between judicial representation in Iranian and French law. In order to answer the aforementioned questions, this article has made a comparative study of the institution of judicial representation in Iranian and French law and has come to the conclusion that judges can investigate informants and witnesses, local examination and any action that the court supervisor If it is not in that condition, they can grant judicial representation, and in French law, judges can grant representation to perform any judicial act they deem necessary, and there are many similarities between Iranian and French laws regarding judicial representation, but despite the similarity There are many differences, too.
The Appropriate Application and Lack of Obstacles in Referring to Imamiaih Jurisprudence from the Perspective of Law
In jurisprudence and criminal law one of the issues to be considered is the issue of citing a crime as appropriate and not obstruction. Especially in cases where multiple causes and motives are involved in the realization of a criminal outcome. in this paper, the issue of citing appropriateness and non-obstruction in a text-based descriptive-analytical method has been examined. If the criminal act of the accused causes injury or other injuries such as transmission of coronavirus but the defendant does not prevent the development of the effects of the victim's act so that the restraint and refusal of the defendant along with the defendant's behavior leads to the victim's death, is the crime properly documented or not? Those who have a customary view on the issue of citation believe that the criterion in citing truth is customary and rational, it does not matter if it is appropriate or the fact that the crime is not prevented is documented in it. But those who have a philosophical view on the issue of citation only document the crime appropriately and believe that not preventing the abandonment of an act and an inertia. Non-existence cannot be the source of existential matter. It seems that criminal liability is based on citation, but the criterion for citation in a crime is customary and rational truth. It does not matter if the citation is appropriate or not.
Situational Prevention of Women Victimization of Afghanistan
Women are susceptible to assault due to biological, social, and economic circumstances. Given that most perpetrators of sexual crimes seek victims with minimal risk and cost, women become ideal targets for them. On the other hand, women are not passive victims in the process of crime and sometimes play a significant role. Therefore, adopting intelligent and selective preventive strategies for Afghan women is crucial to protect vulnerable individuals from sexual assault. Since Afghan women have generally not received self-defense training, implementing preventive measures to safeguard them can have a significant impact in combating crimes against them.
Copyright (c) 2021 Kateb International Journal of Law
Rights of the suspect during the under supervision stage inthe criminal justice system of Afghanistan
In this paper, the "rights of the suspect during the investigative stage" have been examined using a descriptive-analytical method. In the criminal justice system of Afghanistan, inspired by global developments in criminal law, particularly the provisions contained in international human rights documents, an independent stage of the criminal process was established under scrutiny, and the suspect in this stage was entitled to adequate defense rights. However, the pre-trial stage was not recognized as an independent stage of the criminal process until the republican era, and as a result, the suspect in this stage was deprived of defense rights. It was only in the criminal laws enacted during the republican era that we witnessed the extension of the accused's defense rights to the suspect and the identification of a new stage called "preliminary investigation" or "under supervision" in the criminal process. With this description, the term "suspect" in Afghan legal literature has a long history, drawing on Islamic legal literature, and its traces can be found even in the earliest written laws. Although this term was not used in its current sense in the aforementioned laws, it was used in its literal sense, meaning the accused. However, according to the criminal laws of the republican era, judicial officers could place the suspect under supervision in a facility called a surveillance center for a maximum of 72 hours in ordinary crimes and a maximum of 10 days in crimes against internal and external security and terrorist crimes. After gathering sufficient evidence, they would send the suspect, who enjoys all defense rights, along with the relevant dossier, for further investigation and determination of fate to the relevant judicial authority.
Suspect, rights of the suspect, under supervision, criminal justice system, Afghanistan.
A Conceptual Review of Freedom of Expression and its Homogeneous Freedoms; Analysis of Characteristics and Theoretical Foundations
"Freedom of expression" is a concept that has various interpretations and readings. Sometimes it is thought that it is a combination of two apparently different rights, the other part of which is the freedom of thought or belief. The basis of this idea is that without the right to freedom of thought and opinion, the right to freedom of expression is incomprehensible and perhaps unattainable. On the other hand, the approach of international fundamental rights, international documents, and rules, as well as national basic rights is such that they basically differentiate between freedom of expression and freedom of thought or opinion. In this article, while examining the concept and definition of freedom of expression by referring to the opinions of thinkers and examining the views, and referring to relevant domestic and international documents and regulations, an attempt is made to examine the theoretical foundations of freedom of expression, its main characteristics, and differences from other homogeneous freedoms such as freedom of thought, freedom of religion and freedom of belief should be explained. The question that should be answered is whether a difference exists between freedom of expression on the one hand and freedom of speech, thought, belief, and religion on the other hand or not.
Sociological Analysis of Physical Punishment Changes in Afghanistan: Emphasizing on Michel Foucault's Theory ofPower Technology
Michel Foucault sees the institution of punishment as a means of producing and sustaining power. The purpose of this study is to investigate the sociological effect of power developments on criminal reactions and to provide an answer to the question of how the transition from power based on violence to bureaucracy-based power has had on physical criminal reactions in Afghanistan. The results indicate that in the power based on violence model, since it is not possible to use techniques to produce truth and discipline, corporal punishment is the most widely used, but in institutional power criminal violence is reduced, it is replaced by administrative and disciplinary measures. The present research has analyzed the sources of criminalization using descriptive-analytical research method, then the theoretical framework, Foucault's theory of power technology and at the end of the relationship between power patterns and corporal punishments in Afghanistan.
Alternative transaction in the laws of Afghanistan, Iran, and the International Sales Convention
Social life is accompanied with various obligations, obligations that have forced the social necessities of the legislator to impose them on individuals or parties with freedom of will have undertaken it. The adaptation and implementation of legal and contractual obligations requires a performance guarantee. One of the obligations created by international commercial law for the parties of the contract is the alternative transaction in the assumption that one of the parties violates its contractual obligations. In the case of breach of contract from one side, the other party is committed to the mitigation of damage and one of the best ways for the mitigation of damage is to make an alternative transaction. In the absence of an alternative transaction and failure to the mitigation of damage, the victim will be deprived from the claim for additional damages that could prevent its entry and development. Convention on Contracts for the International Sale of Goods, the Principles of European Contracts and the Principles of International Commercial Contracts has explicitly determined this obligation on the responsibility of victim. This rule has not been explicitly raised in Islamic jurisprudence, including the Imamiyeh jurisprudence, but lawyers have tried to prove alternative transaction through rules such as the rule of prohibition of detriment, the rule of action, the principle of good faith, and... mitigation of damage. In Afghan law, the lawmaker in the law of trade contracts and the sale of property explicitly obliged the promisee to the alternative transaction, and it can be deduced from the provisions of civil law, but the Iranian legislator has explicitly failed to assign this duty to promisee. However, lawyers have invoked some articles of the law of commerce, civil law, Islamic punishment law, civil liability and good faith principle to prove the principle of coping with damages and thus to prove an alternative transaction. But the fact is that the proof of an alternative transaction in Iranian law is difficult according to the necessity and priority of the demand for the implementation of the object of obligation.
Examining the approach of profiteering of punishment in the criminal laws of Afghanistan
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the most important international document for elaboration of women rights and ensuring the gender equality between men and women. This document obliges the States parties to consider certain measures for ensuring the women rights and to end discriminations against women. These measures include legislative measures, reform of customs and culture, criminalization of discrimination and even some temporary programs in favor of women (positive discrimination). Since the CEDAW has been drafted mainly with the western countries approach to women rights and has recognized the equal rights for men and women for all issues, acceptance of the whole document is difficult for Islamic states. Some of the articles of the CEDAW are not in harmony with Sharia. This is the reason that some Islamic countries who are State parties have accepted CEDAW with reservations. Some Islamic States have reservations on specific articles and have not accepted the content of those articles while others, for more caution, have considered more general reservations and have accepted the implementation of CEDAW while it’s not in contradiction with Sharia. Other States parties have reacted and objected to these reservations and have raised questions about the intention of Islamic countries regarding the implementation of the content of CEDAW.
Convention on the Elimination of All Forms of Discrimination Against Women
Investigating the role of the Child Rights Committee in the development of children's rights with a focus on Afghanistan
The purpose of this study was to investigate the effects of current and development expenditures as instruments of fiscal policy and exchange rate, real money supply and GDP on macroeconomic variables such as inflation in the Afghan economy, using annual data, during the period (2002-2011). Is. In this regard, the econometric model of vector regression was used. The results show that in the short run, real current expenditures, real liquidity, and exchange rates increase inflation in Afghanistan. While the increase in real development expenditures and GDP reduces inflation are also statistically significant; But in the long run, it is only the increase in GDP that will reduce inflation in the Afghan economy. Considering the results obtained, in the short run, in order to control inflation, the share of construction expenditures in the government budget should be increased, and in the long run, discipline in government expenditures is the most effective policy in controlling inflation.
Suicide operation in criminal jurisprudence
The suicide operation, which has been killed by explosives or other means of killing or causing terror, destruction of places, by explosives or other means, has long been the focus of Muslim and non - Muslim scholars, and many researchers have been missing. some have hailed it as the highest kind of jihad and martyrdom, and some have committed suicide operations in, regardless of the causes and motivations of it, suicide operations in the category of terrorist operations. the aim of this study is to find out the verdict of suicide operations in Islamic sharia, which implies that the legitimacy of suicide operations is incomplete and the material and material element of suicide operations with martyrdom operations are no different and the difference is two theories. according to the findings of this study, which refers to the rational rule of and the importance of protection of Islamic lands in the belief and geographical area of Islam, suicide operations can be justified only if it is the one way to defend Islamic and Muslim territory under the supervision of Experts and Experts.
Investigating the condition of Islamic countries on the Convention on the Elimination of All Forms of Discrimination against Women
Defense rights of the accused in the Statute of the International Criminal Court
Respecting the rights of the accused, especially his defense rights, is one of the main concerns in international proceedings, in such a way that not respecting it completely distorts the fairness of the proceedings. Respecting the defense rights of the accused, as it is of particular importance at the domestic level; But its importance is doubled at the international level; Because on the one hand, the damages of international crimes are not limited to a specific geography; Rather, it covers a wide territory at the global level, and on the other hand, the viewers and judges of public opinion are also very widespread, which does not show the slightest mistake on the part of the International Criminal Court. Undoubtedly, one of the issues that play an important role in the implementation of justice and fair trial is the observance of the rights of the accused, and the observance of these rights can be considered as one of the criteria of a fair trial in public opinion. The current research, which is aimed at examining the defense rights of the accused in the International Criminal Court, has tried to examine these rights by using the descriptive-analytical method and library sources. The right to know about the alleged crime, the right to know about having the right to remain silent, and the right to know about having the right to legal assistance, including the defendant's defense rights, are considered before interrogation. The right to object to the accusations made by attorney general, the right to challenge his evidence, and the right to present evidence are among the defendant's defense rights, which the accused has during the confirmation hearing by the preliminary branch. The right to have a public trial, to have enough time to prepare a defense, the right to summon witnesses, and the right to have a two-stage trial are related to the time of the accused's trial, which should be considered by the court. The right to remain silent, is the right to have a lawyer and legal assistance, including the common defense rights of the accused during the interrogation and trial.
The theory of validation and bank guarantees in Afghanistan law
Development and economic growth in countries and change in international trade, compel countries that enact legislations and regulation in this context, Afghanistan country isn’t exception of that subject. In addition to the banking law, there are two other laws, circulars and regulations to the collateral properties in the Afghanistan legal system. Collateral able properties in the Afghanistan legal system are moveable property and immoveable property. This research is analyzing aspect of collateral in Afghanistan legal regime and it’s aim is to show common theory collateral in banking law of Afghanistan. According to the banking law of Afghanistan, tangible properties such as ornamentation, vehicles and other acceptable properties, un physical properties such as commercial instrument, receivable accounts and other acceptable unphysical properties have capacity for collateral and suretyship. Principle collateral, principle adherence of debt, principle govern of collateral right on property and replacement of it, principle surety of debtor property and other’s principle diversity of collateral, are the principles that cover all of surety properties. Revocable sale and mortgage contract are examples which those principle govern them.
The Nature of Conflict and the Absence of a Sustainable Peace Mechanism in Darfur
The conflict in Darfur, Sudan, which has persisted for over two decades, is one of the longest and most complex conflicts in the African continent. This article aims to examine the nature of this conflict and crisis and to evaluate unsuccessful peace efforts in Darfur in light of the nature of the crisis. The goal of this research is to identify the complex political and non-political nature of the conflict and crisis in Darfur in order to provide an answer to the question of why peace efforts in this crisis have failed. This research can theoretically help in identifying the complexities of resolving similar crises. The research method, in terms of data collection, is documentary, which has been collected from reliable sources and analyzed descriptively and analytically. The findings of the research show that Sudan, in terms of society, has diverse ethnic, social, and cultural groups with a tribal fabric. These groups have been involved in bloody conflicts with each other under the influence of economic, social, and political factors. On the other hand, the authoritarian government of Sudan, due to its ethnic nature and inflexible and unbalanced policies, has not been able to establish equal relations between the ethnic groups, which has led to the politicization of the conflict and the opening of another front between the government and the tribes residing in Darfur. The Sudanese government, with the mediation of regional countries and the United Nations, has so far signed several agreements with the Darfur rebels, but due to the lack of serious will of the authoritarian central government and the interference of some regional and extra-regional countries, this process has not led to a sustainable peace.