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Mr Qasim Ali Sadaqat,
Volume 1, Issue 1 (12-2023)
Abstract

The right to prohibit discrimination and the necessity of equal opportunity is one of the fundamental human rights, and discrimination in work means any priority, preference, and exclusion based on unreasonable and logical grounds that harm or destroy equal opportunity and equal treatment in employment and occupation. The indicator of discrimination is social dynamics in two types, i.e. inter-generational and transgenerational. Eliminating discrimination in employment and occupation is one of the important standards of international labor law, which in its various forms should be gradually eliminated by countries. On the other hand, it is clear from the international labor documents that different behaviors are not included in the scope of discrimination, and on the other hand, discrimination has effects and consequences that should not be neglected. The international standards of work in the mentioned fields have been analyzed and evaluated in this article with an analytical-descriptive method.

Mr Abdul Karim Skandari,
Volume 1, Issue 1 (12-2023)
Abstract

Cash punishment is one of the main punishments in Afghanistan's criminal law. Monetary punishment, like other criminal reactions, has always been investigated by criminal law thinkers and its advantages and disadvantages have been identified. According to the advantages of monetary penalty, the Afghan legislator in Codejaza (2016) stated the examples and cases of monetary penalty and the rules governing it in detail, in addition to numerous articles, and tried his best to eliminate the shortcomings of monetary penalty by establishing principles and rules. Eliminate or minimize. Determining a monetary penalty with the national currency, reconsidering the amount of monetary penalty, respecting the principle of personal responsibility for the penalty, methods of obtaining monetary penalty, increasing the monetary penalty according to the condition of the convicted person, etc. are among the most important solutions in Penal Code has been provided by the legislator to eliminate the disadvantages and challenges of monetary penalty.

Mr Aed Mohammad Ahmadi,
Volume 1, Issue 1 (12-2023)
Abstract

The right to a fair criminal trial means general guarantees that are provided to respect the rights of the litigants in the legal process. Governments are committed to ensuring the right to a fair trial for citizens. The fair trial includes many examples that every citizen should enjoy in the process of criminal and civil proceedings. Some standards of a fair trial, including the right to sue, access to neutral and independent courts, the right to a lawyer, and the like, have a general aspect and can be applied in all types of civil and criminal lawsuits. Some other indicators of a fair trial, including the principle of acquittal, explanation of charges, the presence of a lawyer in court, and similar issues, are only applicable to criminal lawsuits. Adherence to jurisprudential norms, international documents, and procedural rules is the guarantee of the execution of a fair trial, and not only the establishment of a competent court must be in accordance with jurisprudence, legal rulings, and international standards, but also the method of its proceedings with clear and well-known principles and criteria. Be accompanied by jurisprudence, legal and universal. In this research, a descriptive-analytical method is used to examine the right to a fair criminal trial separately and independently in light of international and jurisprudential documents with a look at the criminal laws of Afghanistan and its criteria. It should be remembered that the purpose of this article is not a comparative view between the three mentioned views, but the main goal is to examine the position of a fair trial in the three jurisprudential views, international documents, and criminal laws of the country.

Mr Khaleqdad Asadi,
Volume 1, Issue 1 (12-2023)
Abstract

From the point of view of Islam, the judge's duty is not only to resolve the enmity, but more importantly, to discover the truth; Because in judgment some many verses and narrations indicate the right verdict and the execution of justice. And this importance cannot be realized except by discovering the facts during the proceedings. The purpose of finding the facts is for the judge to reach the necessary knowledge and confidence in the diagnosis of the issue to issue a just verdict. But an important issue that can be raised is that, considering the existence of legal proofs in the Islamic legal system, how is the discovery of the fact realized? What is the guarantee of its implementation? And in this context, what is the difference between the Islamic legal system and the French legal system? These questions have been answered in this article.

Mr Nawroz Ali Atemadi,
Volume 1, Issue 1 (12-2023)
Abstract

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.

Mr Mohammad Reza Marefat,
Volume 1, Issue 1 (12-2023)
Abstract

Education is one of the most important categories, which is recognized as one of the examples of human rights both from the point of view of contemporary law and from the point of view of Islamic Sharia. The right to education of a woman in the thought of Islamic thinkers is not only a privilege, but in some cases, an obligation and obligation. has also been raised. The jurisprudential view of Ayatollah Azmi Mohseni (RA) regarding the right of women to education can be deduced from his scientific and jurisprudential sources and works. In many books and statements, he considered men and women to have the same right to education, and even in some cases, he considered learning some modern and experimental sciences (including medicine) as obligatory and sufficient for women. From the point of view of the aforementioned jurist, the primary ruling for women to have the right to education in Islamic Sharia is undeniable, and the reason for that is the cultural, administrative, educational and service needs hidden in the knowledge and awareness of women, which Sharia also rules as expedient for both men and women. Not only as a right, but as a duty, but in his opinion, the vulnerability of women, which is rooted in their nature, requires the existence of some restrictions, which in case they occur in special circumstances, are imposed to preserve the most worthy expediency, which in this case can be He mentioned the existence of danger and threat to religion, piety, chastity, character and decency of women in the environment and flow of education.

Mr Hassan Ali Moazen Zadagan, Mrs Seddiqa Sadat Hussaini,
Volume 1, Issue 1 (12-2023)
Abstract

The international documents and internal laws of Afghanistan in the form of social prevention (preliminary) from the occurrence of delinquency among children and teenagers, reforming and resocializing them in the laws regarding the reformation and treatment of retroactive reactions, in the prevention section for the government and institutions The society has defined tasks and they are obliged to create the right environment for the growth and upbringing of children. Preventive and corrective policies are among the things that are dealt with in these laws, which include criminalizing a series of behaviors against children, establishing educational centers, and predicting the legal duty of parents and other institutions to educate exemplary children and adolescents. It is one of the preventive policies of these laws and the section on reformative policies to return delinquent children and teenagers to society, raises the issues of treatment, which in this field also defines the duties and responsibilities of the court officials. and determines the centers of correction and education as well as social service centers for children and adolescents who deal with these authorities after committing a crime. In his policy-making, the Afghan legislators try to pay attention to the recommendations of international documents follow their example, and also adhere to their commitment to these documents. Considering the change of the system in Afghanistan, it can be said that observing the principles of this law and paying attention to the rights of children and adolescents is the duty of the Islamic Emirate as the current government of the country, and since the current government emphasizes on observing Sharia standards, it should be done. He said that Sharia standards also require that legislative policies, including the right to education of children, both boys and girls, should be supported.

Mr Mohammad Ali Akhlaqi,
Volume 1, Issue 1 (12-2023)
Abstract

The legitimacy of political systems is discussed under the title of "political legitimacy" to explain the right of sovereignty of a government system. The subject of the foundations of government legitimacy is one of the important topics in the field of political jurisprudence and political philosophy, which has been discussed in detail in political science and sociology. In order to convince the people and the society, the religious government needs to justify the right of sovereignty so that they can give legitimacy to the exercise of their power and explain on which basis they have the right to rule over the people. In Western political thought, two elements of acceptability and legality are mentioned as the main elements of the legitimacy of the political system. In the political jurisprudence of Islam regarding the legitimacy of the religious system, while agreeing on the principles of religious principles, there is a difference of opinion on the basis of legitimacy, which can be categorized into two views of Sunni and Shiite jurists.
In political jurisprudence of Ayatollah Mohseni (RA), discussions about the legitimacy of the religious government have been considered based on philosophical and theological discussions. In numerous works, he has raised issues related to the legitimacy of the religious government and has pointed to the two bases of divine legitimacy and popular legitimacy. While referring to leaving the determination of the form and manner of government to the people in religious teachings, he has discussed the foundations of divine legitimacy under the headings of sources of legislation, attributes of rulers, implementation of social justice and the main responsibilities of religious government.

Mr Qasim Ali Sadaqat,
Volume 1, Issue 2 (3-2024)
Abstract

Job security and not having to worry about losing or gaining a job is closely related to the right to livelihood and security. At the same time, it is based on inherent human dignity, justice, and sustainable peace. The right to employment security is a ruling and dominant claim that cannot be removed from the protection of this core under any excuse, such as economic efficiency, practicality of the system, and the like. This right has both domestic and international sources, which is one of the important standards of domestic and international labor laws. In domestic law, to guarantee job security, there are weak and insufficient legal solutions, such as defining the cases of termination of the employment contract, suspension of the employment contract, written employment contract, automatic extension of the employment contract with a certain description, prohibition of group and collective dismissal, return to work during accidents. Unexpected and... are considered, But it must be acknowledged that the main and fundamental platforms for guaranteeing job security should be sought beyond the legal solutions available in labor laws to create job security. The important fields and foundations of guaranteeing the right to job security are facing cultural, intellectual, and scientific challenges and, a lack of political and economic stability. On the one hand, we need a deep and fundamental transformation in belief, thought, and culture before legal solutions, and on the other hand, we need political stability and economic development to provide the necessary capacity and ground for the right to job security. The mentioned issues have been analyzed and evaluated with the library research method.

Mr Abdul Karim Eskandari,
Volume 1, Issue 2 (3-2024)
Abstract

The plane and the flight with it, while bringing prosperity and comfort in travel, have always been associated with anxiety and worry. Among the types of aircraft, the civil aircraft, as a vehicle whose most important feature is speed, has gained a unique position in the transportation of goods and passengers and has been able to attract the attention of the aviation industry as one of the main axes of economic development in the world. The concern of countries and international organizations regarding the provision and maintenance of aircraft flight safety and its immunity has been expressed in the form of approving domestic laws and regulations and international conventions. In the field of internal law in Afghanistan, there are many laws. Such as the regulation of the General Administration of Civil Aviation (1363), the regulation of the duties and implementation of the Ministry of Civil Aviation (1367), and the law of civil aviation to regulate air transportation (1391) have been approved to regulate and maintain the security of the aviation system. The mentioned laws have provided significant measures and regulations for the management and safety of civil aircraft flights, but the guarantee of the implementation of these regulations has been referred to as a special law (penal law). Some provisions related to flight safety, air transportation, compliance with air territory, and prevention of flight violations and violations of the rules governing air transportation were provided in a scattered manner in the Criminal Law (1355), but the Afghan legislature, specifically in the Criminal Code, regarding the preservation In line with international documents, aviation security has allocated an independent chapter under civil aviation violations and has determined and approved the punishment of natural persons and a sentence that violates civil aviation laws

Mr Mohammad Ali Heydari,
Volume 1, Issue 2 (3-2024)
Abstract

The set of privileges and human demands in the Islamic legal system, in the field of individual and social life, is based and relies on a series of natural and natural principles; As half of the society, women have social, political, and cultural rights and demands, and especially the right to education. The right to education and training of women, like men, has its roots and foundation in their God-given nature; That is, the talent and ability to learn science and knowledge is a precious and honorable gift that God has given only to man, regardless of his gender. His essence reaches actuality and objectivity. In Islam, not only there are no prohibitions and restrictions for the education of women, but, on the contrary, it has always and continuously called men and women to think and think and, in their public and special addresses, the women community to learn science and knowledge in all times and The fields of life have encouraged and encouraged, which leads to the fulfillment of needs and the evolution of the human being's personality in the path of merciful servitude. As a result, the right to education and training of women is not only not denied or suspended, but it is necessary and obligatory that the fields of its learning are prepared and provided for those who seek it and those who learn it.

Mr Mohammad Reza Marafet,
Volume 1, Issue 2 (3-2024)
Abstract

Human rights, regardless of a particular point of view, refer to privileges and rights that humans have for simply being human. Today, human societies and the international system, after the transition from the dark and black stage - in which people did not enjoy their human dignity as they deserved and were constantly subjected to the unkindness of their fellows on the one hand and the cruelty of the rulers on the other hand - these values as They have welcomed an integral part of human life and recognized them as one of the international fundamental principles and values. This research has investigated the factors affecting the implementation of human rights in the Islamic society of Afghanistan with a descriptive-analytical method and analyzed the fields of its implementation according to the social and cultural structure and context of Afghanistan. Considering that Afghanistan is a traditional society socially and culturally, and its people have a deep adherence to religious and Islamic values, it is more accurate to investigate the factors affecting the implementation and observance of human rights in this land with the approach of legal sociology. By referring to library and electronic resources and keeping in mind the tradition and culture ruling this land, the author has first examined and proved the possibility of implementing human rights with an Islamic vision in the Islamic society of Afghanistan. Then, he listed things like the recognition of human rights guarantees, the rule of law (Sharia), the efficiency of government, and the growth and development of collective wisdom and communication technologies as important and influential factors in the implementation of human rights in Afghanistan.

Mr Mohammad Isa Fahimi,
Volume 1, Issue 2 (3-2024)
Abstract

Today, the litigant's right to a defense lawyer and even the requirement to have a lawyer in all stages of litigation and legal-criminal proceedings is considered one of the fair standards in dealing with disputes; In such a way that its absence impairs any judgment and proceedings. One of the most important problems in judicial proceedings is the lack of a defense lawyer, which makes any arbitration uncertain and questions the application and implementation of justice. Therefore, in the present era, the "profession of defense attorney" has expanded and become more important, and people are trained for this purpose in scientific centers and universities. This is an inevitable necessity in all judicial systems, including the Islamic judicial system. Today's defense attorney has been common in the history of the Islamic judicial system since the beginning of Islam and the age of the Prophet (peace be upon him) and no one can deny it. The existence of some differences in the conditions and rulings of the defense attorney has caused a pessimistic view of this profession, which has caused some people to favor and vote for the sanctity of such a profession. This rare jurisprudential opinion has had negative consequences, including creating restrictions on the legal profession and the activities of defense lawyers. In the following article, the invalidity and weakness of the above-mentioned theory have been shown by using history, evidence, and jurisprudential sources.

Mrs Siddiqa Mohaghegh, Mrs Maryam Barqaei, Mr Seyed Ali Seyed Mousavi,
Volume 1, Issue 2 (3-2024)
Abstract

According to the Qur'an, human creation is the best. In any type, the best must have the best traits and characteristics of its group. The status and dignity of human beings in different situations is one of these special cases that has always been the focus of authorities and jurists, sociologists, experts in various sciences; Because the dignity of people has a direct effect on personal and social behavior. This research has been compiled using jurisprudential sources and descriptive-analytical method and using library sources. The purpose of this article is to express the concept of dignity and to express examples of the influence of dignity on Sharia rulings, as well as the components of creating and changing dignity. The results of the investigations are that Islam, as the most perfect religion, takes into account all human conditions in various situations, and therefore respecting the dignity of people in many Sharia rules is considered as the holy law, and sometimes even the previous dignity is taken into account. It is placed like the dignity of the bankrupt debtor and in jurisprudential issues such as; Khums, zakat, alimony, dowry, etc. Respecting the dignity of people is used as an important and basic factor for deriving the Shariah ruling, as well as the components that are effective in creating and changing dignity, including lineage and race, which are non-acquired dignity, and the environment. Life is an economic, cultural and social situation. 


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