根据伊斯兰法理和阿富汗制定的法律,塔齐尔惩罚和授权

Hisamudin Rahimzai, Naqibulla Mushfiq
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摘要

塔齐尔惩罚是对没有一定法律惩罚的行为的惩罚,无论是侵犯安拉的权利,他人的权利,还是公共利益。塔齐尔惩罚的法律依据来自神圣的古兰经、先知的圣训、穆斯林社区的共识和个人推理。在伊斯兰教法中,考虑到公共秩序和社区的利益,有许多类型的Ta 'zir惩罚,从建议到执行。在塔齐尔刑罚中,对罪犯的判决取决于法官的权威和能力,并考虑到社区的利益和支持,以及犯罪的情况、判决的纠正效果以及罪犯的性格和犯罪记录。保护人类的生命和利益,减少社会犯罪的规模,纠正和惩罚违法者等许多使纪律处罚合法化的理念也被纳入其中。塔齐尔刑罚具有一些独特的特点,其中包括刑罚的不确定性,因此立法者的权力和惩罚能力被委托给法官。法官不仅可以赦免罪犯,而且在确定刑罚时也要考虑罪犯的性格和犯罪记录。由于阿富汗社会中有许多人不了解塔齐尔惩罚的概念,不了解它们是如何适用的,也不了解它们是如何具体规定的,因此这条条款旨在帮助解决这些问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Ta’zir Punishment and Delegated Authority in Accordance with Islamic Jurisprudence and Afghanistan’s Enacted Laws
Ta’zir punishment is the punishment of acts that do not have certain legal penalties, whether it is violating the rights of Allah (SWT), the rights of others, or the public interest. The legal basis of Ta’zir punishment is from the Holy Qur’an, the Prophetic Hadiths, the consensus of the Muslim community, and personal reasoning. In Islamic Sharia, there are many types of Ta’zir punishments, which range from advice up to execution, in consideration of the public order and interests of the community. In Ta’zir punishments, the determination of a sentence for the offender is subject to the authority and ability of the judge, and is specified in consideration of the interests and support of the community, along with the circumstances of the offense, the corrective effect of the sentence, and the character and criminal record of the offender. Many philosophies to legitimize disciplinary punishments, such as protecting humanity’s life and interests, reducing the magnitude of crime in society, and the correction and punishment of offenders are also incorporated. Ta’zir punishment has some unique characteristics, which include the indefiniteness of penalties, whereby the lawmaker’s authority and ability to punish is delegated to judges. Not only may the judge forgive the offender, but the personality and criminal record of the offender are also considered in determining the punishment. Because many people in Afghan society do not understand the concept of Ta’zir punishment, how they are applied, and how they are specified, so this Article is designed to help resolve these issues.
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