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Islam, Custom and Human Rights

A Legal and Empirical Study of Criminal Cases in Afghanistan After the 2004 Constitution

  • Book
  • © 2022

Overview

Authors:
  1. Lutforahman Saeed

    1. Islamic Law Faculty, Kabul University, Kabul, Afghanistan

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  • First-of-its-kind book on the legal and societal situation regarding human rights and penal law
  • Provides deep insights into the intertwinement of written law, customary law, and Islamic law with societal norms
  • Blueprint for sustainable development and implementation of human rights in a traditional and war-ravaged society

Part of the book series: Interdisciplinary Studies in Human Rights (CHREN, volume 7)

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xviii
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  2. The Legal Framework and Historical Background

    1. Front Matter

      Pages 1-1
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    2. The Legal Framework

      • Lutforahman Saeed
      Pages 3-22

    3. Legal Pluralism in Afghanistan

      • Lutforahman Saeed
      Pages 23-64

    4. Analysis of Article 130 of the Afghan Constitution

      • Lutforahman Saeed
      Pages 65-78

    5. Implementing Article 130 in Practice: Norms and Standards

      • Lutforahman Saeed
      Pages 79-118

  3. Case Studies

    1. Front Matter

      Pages 119-119
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    2. Said Parwīz Kāmbakhsh Apostasy Case

      • Lutforahman Saeed
      Pages 121-165

    3. Selling Dog Meat Case

      • Lutforahman Saeed
      Pages 167-183

    4. Donkey Skin Cases

      • Lutforahman Saeed
      Pages 185-202

    5. Final Conclusion

      • Lutforahman Saeed
      Pages 203-211
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Keywords

About this book

For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights–driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.

Authors and Affiliations

  • Islamic Law Faculty, Kabul University, Kabul, Afghanistan

    Lutforahman Saeed

About the author

Lutforahman Saeed,  LLM, PhD is Assistant Professor of Islamic Law at Kabul University

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