Comparison Of Afghan And Iranian Criminal Law
Comparison of Afghan and Iranian Criminal Law
Both Afghanistan and Iran have legal systems influenced by Islamic law but have distinct criminal codes shaped by their unique histories, cultures, and legal reforms.
1. Sources of Law
Afghanistan:
Mix of Islamic law (Sharia) and secular laws codified in the 2004 Penal Code.
The Penal Code incorporates elements of Hanafi jurisprudence but also modern principles such as human rights.
Constitution guarantees rights but recognizes Islam as the official religion and source of legislation.
Iran:
Legal system heavily based on Shia Islamic law (Ja'fari school).
The Islamic Penal Code of Iran (most recent revision in 2013) integrates Islamic criminal law with some modern codified elements.
The Constitution establishes the authority of the Supreme Leader and the role of Islamic jurists in legislation.
2. Classification of Crimes
Afghanistan: Crimes classified broadly as:
Hudud (fixed punishments under Sharia, e.g., theft, adultery),
Qisas (retributive justice, e.g., murder, bodily injury),
Ta'zir (discretionary punishments by judge).
However, Afghan law limits hudud punishments with strict evidentiary rules and procedural safeguards.
Iran: Similar classification but more strictly applies Hudud and Qisas.
The Iranian system actively applies Hudud punishments such as amputation and stoning in certain cases.
Discretionary punishments (Ta'zir) can include flogging, imprisonment, or fines.
3. Death Penalty
Afghanistan: Death penalty remains but is applied mostly for murder, terrorism, and certain drug offenses.
Due process concerns have led to international criticism.
Juvenile executions officially banned.
Iran: One of the world's highest execution rates.
Applies death penalty for a wide range of crimes including murder, drug trafficking, apostasy, and some political offenses.
Execution of juveniles has occurred despite international condemnation.
4. Women’s Rights and Gender-Based Crimes
Afghanistan:
Legal reforms have improved women’s rights.
Rape laws include provisions to protect victims.
Forced marriage and honor killings criminalized.
However, enforcement remains weak, and social customs limit effectiveness.
Iran:
Legal system discriminates against women in matters like testimony, inheritance, and punishment.
Adultery laws harsh; stoning has been used.
Recent reforms have aimed to reduce harsh punishments but challenges persist.
5. Procedural Differences
Afghanistan:
Mix of civil law and Islamic procedures.
Greater emphasis on formal investigation and public trials.
Rights to defense exist but are inconsistently protected.
Iran:
Revolutionary Courts handle political and security crimes.
Limited rights to defense, closed trials in some cases.
Confessions under duress reported.
Detailed Case Law Examples
Case 1: Qisas and Diyya (Retribution and Compensation) in Afghanistan
Facts:
A man was convicted of killing another in Kabul. The victim’s family demanded Qisas (retribution) – death penalty.
Court Decision:
Afghan courts applied Qisas but allowed the family to accept Diyya (financial compensation) instead, sparing the accused.
Significance:
Shows Afghan system’s flexibility in applying Sharia punishments with room for reconciliation and mercy.
Case 2: Execution of Juvenile Offenders in Iran
Facts:
A young man was sentenced to death for murder committed at age 17.
Outcome:
Despite international appeals, Iran carried out the execution in 2016.
Significance:
Highlights Iran’s strict interpretation of criminal law and controversial use of death penalty on juveniles, contrary to international law and Afghan law, which prohibits such executions.
Case 3: Women’s Protection from Violence – Afghan Case of Farkhunda (2015)
Facts:
Farkhunda, a woman falsely accused of burning the Quran, was brutally killed by a mob in Kabul.
Court Action:
Several perpetrators were prosecuted; the case led to legal reforms to improve women’s protection and combat mob justice.
Significance:
Illustrates Afghan courts’ evolving approach to gender-based violence and the role of criminal justice reform.
Case 4: Stoning Sentences in Iran
Facts:
Several women sentenced to death by stoning for adultery.
Outcome:
International pressure led to some sentences being commuted, but stoning remains part of the penal code.
Significance:
Shows Iran’s strict application of Hudud punishments, contrasted with Afghanistan’s more cautious approach.
Case 5: Drug Trafficking and Punishments
Afghanistan:
Due to being a major opium producer, drug trafficking is a serious crime with heavy penalties, including death for large-scale trafficking. Courts show some discretion.
Iran:
Drug trafficking punishable by death with mandatory executions widely carried out.
Summary Table
| Aspect | Afghanistan | Iran |
|---|---|---|
| Legal Basis | Hanafi Sharia + secular codes | Shia Islamic law (Ja'fari) + Islamic Penal Code |
| Classification of Crimes | Hudud, Qisas, Ta’zir (with restrictions) | Strict Hudud, Qisas, Ta’zir |
| Death Penalty | Applied with some restrictions | Widely applied, including juveniles |
| Women’s Rights | Improving but challenged | More restrictive, gender discrimination |
| Procedural Law | Civil and Islamic hybrid | Islamic courts with limited rights |
| Drug Crimes | Heavy penalties, some discretion | Mandatory death for trafficking |
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