Murder in Afghanistan Criminal Law and its comparison with Islamic Law

In this first study, the historical process of the Afghan Criminal Law, its codification and changes are examined in three periods: the classical period, the rise of Islam, and the modern or development period. T is not mentioned much because there are not many documents and evidence from the ancient period. However, due to the change of political regimes in the second and third periods, different changes were made in the field of Criminal Law. These changes will be discussed one by one. In Islamic Law, the act of murder is discussed in terms of general and private use. In general usage, crimes and murders against religion, reason, honor, property and property are mentioned. Its use in a special sense; The following parts are discussed in relation to an act that ends life and damages organs, requiring the punishments of qisas, diet, penance and ta'zir: homicide fi'n-nefs (deliberate killing, intentional killing and mistaken killing) and its principles and punishments for these three types of murder, homicide fima dûne'n-nefs (breaking, cutting and injuring organs), murder aimed at the fetus (intentionally, erroneously or with or without the consent of the mother). In Afghanistan Criminal Law, the act of murder will be handled in terms of the gravity and severity of the crime, in this law, murder of murder, crimes against the internal and external security of the state, terrorism that endanger the peace and security of the society, bombing, human smuggling, excessive damage to property are considered as an act of murder. It will be discussed. In addition, in terms of Afghan Criminal Law, types of murder, deliberate murder, murder resembling caste and murder by mistake, and the material and moral elements and punishments related to these murders will be discussed. All these issues will be examined in terms of Islamic Law and Afghan Criminal Law.