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Atemadi N A. Decriminalization in Islamic criminal policy and Afghanistan laws. SRQJL 2023; 1 (1) :80-95
URL: http://srqjl.knu.edu.af/article-1-24-en.html

In the contemporary world, there is a great trend towards decriminalization to provide the basis for citizens' participation with minimum intervention while reducing the inflation of laws. In this research, goals such as preventing the volume of criminal laws are suggested so that the legislator can move in this direction by decriminalizing some cases.
In the criminal policy of Islam and the laws of Afghanistan, decriminalization has defensible foundations; Because human beings have inherent dignity, and maintaining the dignity of individuals and respecting privacy is an obstacle to criminalization, on the other hand, the social needs of the age and time tend to reduce criminalization, and extensive criminalization cannot achieve the goals of criminal law. to ensure that justice is realized; In Islamic Sharia, crimes such as Hudud and Qisas, which are defined by Sharia, cannot and cannot be changed. However, in Ta'ziri punishments, according to the conditions, and circumstances, the hands of the Ruler of Sharia and the judge are extended, and decriminalization is possible in many cases that do not harm the society. In this research, a descriptive-analytical method has been used and specific results have been reached, which is the reduction of criminal laws. Because there are examples in the criminal laws of Afghanistan, the criminalization of which is not only not desirable, but also causes delays in proceedings, and on the other hand, extensive criminalization causes the population of places deprived of freedom to expand.