Titlebook: Islam, Custom and Human Rights; A Legal and Empirica Lutforahman Saeed Book 2022 The Editor(s) (if applicable) and The Author(s), under exc

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Donkey Skin Caseswho had around 1000 donkey skins in his truck while he was traveling from Mazar-e-Sharif city to Kunduz province. The primary court of Kunduz city punished him by imprisonment and issued an order to confiscate the truck. This chapter analyzes the Supreme Court High Council’s opinion regarding the cr

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Final Conclusiontions: (1) How Afghan courts apply Sharia principles, especially the doctrines of the Hanafi School of Thought in criminal matters in the case of legal lacuna? (2) What are the limits imposed on courts when they apply Hanafi School’s doctrines under Article 130 of the Constitution? (3) Will the proc

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Book 2022ing 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 con

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Donkey Skin Casesiminalization of the transportation of donkey skin based on the court’s decisions. In the chapter, the legality and constitutionality of the court’s decisions are challenged, and it is illustrated that the transportation of donkey skin is not a crime in Afghan law and the Hanafi school of thought.

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Analysis of Article 130 of the Afghan Constitution the said article to justify applying Ḥanafī provisions in the case of a legal lacuna. Furthermore, this chapter sheds light on the sources of such article and explains its root and from where its concept came from. In addition, it explains how and when it appears in the Afghan Constitutions and how it has developed up to date.

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Implementing Article 130 in Practice: Norms and Standards Constitution. Furthermore, this chapter discusses the hierarchy of sources and opinions within the Hanafi school of thought and describes how to choose the dominating opinion among the Hanafi doctrines in light of the principle of preference within the Hanafi school of thought.

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Selling Dog Meat Case act in Afghan law and the Hanafi school provisions. In conclusion, this chapter aims to shed light on the fact of the case and challenges the legality and constitutionality of the charges and the courts’ decisions.

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