Afghan Islamic law’s three-way classification
|Afghan Islamic law’s three-way classification
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Afghan offences and sentences according to Islamic law’s three-way classification:
First are hudud offences, whose punishments are viewed as fixed by the Qur’an or Hadith and are classed as offences against God; they include zina (sex outside marriage, including adultery, which the UNAMA report tends to mention separately), accusing someone falsely of zina, drinking alcohol and some types of theft.
Second are qisas punishments, which are retributive penalties, and allow equal retaliation in cases of intentional bodily harm, including most types of murder; these crimes may also be forgiven by the victim or their family or resolved between the families with blood money.
Third class of punishments in Islamic law, tazir, are for all other offences and are decided according to the discretion of a judge or ruler.