Islam, Custom and Human Rights: A Legal and Empirical Study of Criminal Cases in Afghanistan After the 2004 Constitution

The author explores how to bridge the exigencies of a human rights-driven penal law and conflicting social norms and understandings in the highly complex Afghan society, using the rich tradition of Islamic law and its potential openness for contemporary rule of law standards. This work is based on field research and a thorough analysis of the normative contexts and offers feasible solutions for Afghan legal practice. It is of interest to scientists and practitioners in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, particularly in Afghanistan.

Format: Paperback / softback
Length: 211 pages
Publication date: 30 October 2022
Publisher: Springer Nature Switzerland AG

The author delves into the intricate web of written law, Islamic law, and customary law in the diverse and complex Afghan society, profoundly shaped by traditional cultural and religious beliefs. Recognizing these realities, the author embarks on a fascinating exploration of how to reconcile the demands of a human rights-driven penal law with conflicting social norms and understandings. Drawing upon the rich tradition of Islamic law and its potential adaptability to contemporary rule of law standards, the author seeks to bridge the gap and find viable solutions for the Afghan legal landscape. This groundbreaking work is the result of extensive field research complemented by a rigorous analysis of the normative contexts. It stands as a landmark achievement, offering broadly acceptable and thus feasible solutions for Afghan legal practice. The book holds immense appeal for scholars and practitioners alike, with a keen interest in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, particularly in Afghanistan.

The author delves into the intricate web of written law, Islamic law, and customary law in the diverse and complex Afghan society, profoundly shaped by traditional cultural and religious beliefs. Recognizing these realities, the author embarks on a fascinating exploration of how to reconcile the demands of a human rights-driven penal law with conflicting social norms and understandings. Drawing upon the rich tradition of Islamic law and its potential adaptability to contemporary rule of law standards, the author seeks to bridge the gap and find viable solutions for the Afghan legal landscape. This groundbreaking work is the result of extensive field research complemented by a rigorous analysis of the normative contexts. It stands as a landmark achievement, offering broadly acceptable and thus feasible solutions for Afghan legal practice. The book holds immense appeal for scholars and practitioners alike, with a keen interest in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, particularly in Afghanistan.

Weight: 361g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030830885
Edition number: 1st ed. 2022