Islam, Custom and Human Rights: A Legal and Empirical Study of Criminal Cases in Afghanistan After the 2004 Constitution

Foreword
Preface
Acknowledgments
Contents
Part I: The Legal Framework and Historical Background
	Chapter 1: The Legal Framework
		1.1 Introduction
		1.2 Islam in Afghanistan
		1.3 The Role of Sharia in the Legal History of Afghanistan
		1.4 The Meaning and Scope of ``Sharia´´
		1.5 The Meaning of Fiqh
		1.6 Sharia and Fiqh in the Context of Afghanistan
		References
	Chapter 2: Legal Pluralism in Afghanistan
		2.1 Introduction
		2.2 Sharia (Islamic Law)
			2.2.1 Legal Pluralism and Sharia (Islamic Law)
			2.2.2 The Sources of Sharia
		2.3 Customary Law
			2.3.1 The Unique Social Structure
			2.3.2 Customary Law Terminology
			2.3.3 Decision-Makers
			2.3.4 Legal Issues as Social Problems
		2.4 State Law (Qānun)
			2.4.1 Judicial System in Afghanistan
			2.4.2 Legal Education in Afghanistan
			2.4.3 Who Becomes a Judge in Afghanistan?
			2.4.4 Short Biography of the Supreme Court Justices in Post-Taliban Judiciary
			2.4.5 Judicial Training in Afghanistan
		2.5 Conclusion
		References
	Chapter 3: Analysis of Article 130 of the Afghan Constitution
		3.1 The Language and Meaning of Article 130
		3.2 Historical View on Article 130 of the Afghan Constitution
		3.3 The Sources of Article 130 of the Afghan Constitution
		3.4 When Did It Appear in the Afghan Constitution?
		References
	Chapter 4: Implementing Article 130 in Practice: Norms and Standards
		4.1 Introduction
		4.2 The Principle of Legality in Sharia
		4.3 The Principle of Legality in Afghan Law
		4.4 Analysis of the Application of Article 130 of the Afghan Constitution
		4.5 Criminal Procedure in Accordance with Law and Sharia
			4.5.1 Criminal Procedure According to the Law of Afghanistan
			4.5.2 Criminal Procedure According to Sharia
		4.6 Tazīr
			4.6.1 What Is Tazīr?
			4.6.2 The Differences Between Tazīr and Other Islamic Punishments
			4.6.3 Who Has the Authority to Apply Punishment for tazīr Crimes?
		4.7 Making Decisions According to the Dominant Opinion of the anafī Doctrine
			4.7.1 The Principle of Preference Regarding Different Opinions Among anafī Scholars
			4.7.2 The Hierarchy of the Sources Within the anafī School of Thought
		4.8 Conclusion
		References
Part II: Case Studies
	Chapter 5: Said Parwīz Kāmbakhsh Apostasy Case
		5.1 Introduction
		5.2 Analysis of the Parwīz Kāmbakhsh Apostasy Case
			5.2.1 Pretrial Proceedings
			5.2.2 Police Department
			5.2.3 Prosecutor´s Filing of the Indictment at Mazar-e-Sharif City Primary Court
			5.2.4 Fatwa of the Ulamā Council of Balkh Province
			5.2.5 The Application of Article 347 of the Penal Code
		5.3 Examining the Prosecutor´s Charges in Light of Afghan Criminal Procedural Law
			5.3.1 The Mazar-e-Sharif Primary Court Decision
			5.3.2 Analysis of Mazar-e-Sharif Primary Court´s Decision in Light of Sharia Principles
			5.3.3 Definition of Some Related Terms
			5.3.4 Muslim and Mumin
				5.3.4.1 Kāfir
				5.3.4.2 Dahrī
				5.3.4.3 Ahl al-Kitāb
				5.3.4.4 Mushrik
				5.3.4.5 Murtadd
				5.3.4.6 Munāfiq
				5.3.4.7 Zindīq
			5.3.5 Munāfiq and Zindīq
		5.4 Making a Decision Not Based on the anafī School
		5.5 Punishment Based on add Crime
		5.6 The Decision of the Appellate Court
		5.7 Analysis of the Kabul Appellate Court Decision
		5.8 Conclusion
		References
	Chapter 6: Selling Dog Meat Case
		6.1 Introduction
		6.2 Summary of the Sale of Dog Meat Case
		6.3 Analysis of the Sale of Dog Meat Case
			6.3.1 The Sale of Dog Meat Within the anafī School of Thought
			6.3.2 Eating Dog Meat in the Sharia
			6.3.3 Sale or Purchase of Dogs Within the Sharia
		6.4 Analysis of the Legality of the Court´s Decision
			6.4.1 The Prosecutor´s Indictment and the Primary Court´s Decision
			6.4.2 Confession
			6.4.3 Views of Experts
			6.4.4 Fatwa of the Religious Leaders Council of Herat Province
		6.5 Analysis of the Court´s Decision
			6.5.1 Unconstitutionality
			6.5.2 Violation of the Law
		6.6 Conclusion
		References
	Chapter 7: Donkey Skin Cases
		7.1 Introduction
		7.2 Summary of the Cases
		7.3 Trade of Donkey and Its Skin and Consumption of Its Meat in Sharia
		7.4 Pretrial Activities
		7.5 The Prosecutor´s Office
		7.6 Analysis of Kunduz Primary and Appellate Court Decisions
		7.7 Analysis of the Supreme Court´s Opinion
			7.7.1 Applying Article 119 of the Penal Code
			7.7.2 Confiscation of the Truck and Wheat Flour in Light of the anafī School of Thought
		7.8 Conclusion
		References
	Chapter 8: Final Conclusion
		8.1 Summary and Overview
		8.2 Major Findings
		8.3 Recommendations
		8.4 Conclusion
		References