Criminal Code based on Sharia, public to study it: Mujahid

Kabul (Pajhwok): The Islamic Emirate of Afghanistan (IEA) stated that the Criminal Code is based on Sharia and Hanafi jurisprudence, and no one should criticize Sharia; instead, people should study and understand it.

In an interview with the BBC, Zabihullah Mujahid said that the Criminal Code had existed previously and the IEA had courts even before regaining power. These courts made decisions according to the principles of Sharia and Hanafi jurisprudence.

He explained that in the past, there was war, conditions were different, and the scope of activities was limited. However, now the number of courts has increased, and the Code has been somewhat expanded. The new Code is based on Sharia and Hanafi jurisprudence, and this update was necessary.

Responding to a question about why this Code divides people into categories for the first time, despite previous Afghan governments having a constitution that guaranteed equal rights, he said: “There is a misunderstanding. Some people who criticized or objected to this Code, unfortunately, lack proper information. They do not realize that this is a law for court procedures, not the country’s constitution. The constitution deals with the framework of the government, while this Code addresses the jurisdiction of the courts.”

“In Sharia, there are three types of laws: the first are those with fixed punishments, where everyone is equal and penalties apply to all. The second are matters of rights between individuals, where no one is treated differently; even if, God forbid, someone files a claim against the Amir of the Islamic Emirate, the court will rule on it. The third are discretionary punishments, where the Amir has authority and may delegate it to judges to reform people and prevent them from committing sins.”

He emphasized that the Code was created in accordance with Sharia and Hanafi jurisprudence, and no one should criticize Sharia. People should study it and understand it.

Mujahid added that if anyone has concerns or seeks clarification, the IEA is ready to provide further explanations.

sa