The position of immaterial behavior in the justification of crime from the point of view of jurisprudence and law

Articles in Press

Document Type : Original Article

Author

Faculty Member of Kateb University (Afghanistan)

10.22034/ils.2024.19235.1119

Abstract

In the leading article, the answer to this question has been answered with text-based descriptive analytical method, based on library sources, that when non-material behavior causes crime to enter the life and mental health of individuals. Can the crime be attributed to immaterial behavior or not?

Jurists and jurists agree that a crime can be documented in a material way. But there are doubts about referring the crime to spiritual behavior. First, is it possible to refer to non-material behavior or not?

Secondly, if it is possible, can it be verified or not?

Thirdly, how is the verification criteria?

The author, by examining the traditions, the views of jurists and jurists, has come to the conclusion that there is no difference between material and non-material behavior in the reference to the crime. If he finds spiritual behavior, he can issue a warrant for bail. If there is no knowledge of the citation or in case of doubt about the citation, the principle of acquittal prevails. The judge cannot issue a warrant for bail.

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Main Subjects

Islamic Law Studies

Articles in Press, Accepted Manuscript
Available Online from 06 November 2024

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