The Causes of Penalty Aggravation in the Penal Code of Afghanistan, and the Islamic Penal Law of Iran: A Comparative Study

Abstract

Aim: The primary aim of this study was to examine the causes of the aggravation of punishment in the penal code of Afghanistan and compares it to the Islamic penal Law of Iran to specify additional causes of aggravation. Methods: This study is qualitative in nature and was conducted using a comparative research design, in which the penal code of Afghanistan was compared with the Islamic Penal Law of Iran. In addition to the laws of both countries, various legal books have been used to investigate this issue. Results: The penal code of Afghanistan has covered many necessary causes in terms of penalty aggravation, but some other causes, such as crimes on sacred days and places, removing the amount from the use of explosives, committing some crimes by foreign nationals and others are not considered as causes of aggravation, such as in the Islamic Penal law. Conclusion:  The penal code Afghanistan had neglected some important issues, which is included in the Islamic penal law of Iran, which made it easy for the criminals to commit some heavy and serious crimes. Recommendation: As the new interim government need to have the penal code, they should consider all those important causes which have identified in this study and another literature.