Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France
Barriers to judicial justice are behaviors that interfere with the rights of individuals to equal access to the judiciary or the right of society to prosecute and punish criminals, and provide the basis for the lack of justice. For this reason, the Islamic political system has provided appropriate a...
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| Format: | Article |
| Language: | fas |
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University of Qom
2022-03-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
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| Online Access: | https://csiw.qom.ac.ir/article_1944_45d89c0fb44e17fae8eb582a443d6dda.pdf |
| _version_ | 1797233069963345920 |
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| author | Adel Sarikhani sayed haidar shah mousavi |
| author_facet | Adel Sarikhani sayed haidar shah mousavi |
| author_sort | Adel Sarikhani |
| collection | DOAJ |
| description | Barriers to judicial justice are behaviors that interfere with the rights of individuals to equal access to the judiciary or the right of society to prosecute and punish criminals, and provide the basis for the lack of justice. For this reason, the Islamic political system has provided appropriate and comprehensive solutions for the realization of judicial justice and has pointed out the obstacles to its realization. In the penal laws of Afghanistan (Arts. 461-494) and France (Arts/ 434-1 to 434-30) respectively, a chapter has been devoted to these crimes. In this study, we seek to answer this question that what strategy has been adopted by the penal policies of Islam, Afghanistan and France in the face of the positive barriers to judicial justice? The findings of the research indicate that in general, the policy and practice of Islam is not fully compatible with the criminal laws of Afghanistan and France for the described crimes. Because, first, the criminalization of these actions has been, in general, without taking into account the fact that they are actions against judicial justice; second: some of the factors that impede the administration of judicial justice (No concealment of sexual offenses, Injustice and lack of specialization of judges), which are prohibited according to Islamic teachings, have not been criminalized and observed by the legislators of these countries. This article has been conducted through a descriptive-analytical method. While exploring the need to criminalize barriers to judicial justice, positive barriers to judicial justice such as failure to report crimes, threatening the victim of the crime not to file a complaint, elimination of the evidence of the crime and hiding the criminals are identified from the perspective of the criminal law of Afghanistan, France, and Islam. Finally, the performance of the legislators of these countries in dealing with this category of crimes has been criticized and studied. |
| first_indexed | 2024-04-24T16:10:19Z |
| format | Article |
| id | doaj.art-bc3653a9e1954aafb10093ebd435d627 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:19Z |
| publishDate | 2022-03-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-bc3653a9e1954aafb10093ebd435d6272024-03-31T19:11:51ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212022-03-019118321210.22091/csiw.2021.6127.19291944Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and FranceAdel Sarikhani0sayed haidar shah mousavi1Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom.PhD Student in Criminal Law and Criminology, Faculty of Law, University of Qom.Barriers to judicial justice are behaviors that interfere with the rights of individuals to equal access to the judiciary or the right of society to prosecute and punish criminals, and provide the basis for the lack of justice. For this reason, the Islamic political system has provided appropriate and comprehensive solutions for the realization of judicial justice and has pointed out the obstacles to its realization. In the penal laws of Afghanistan (Arts. 461-494) and France (Arts/ 434-1 to 434-30) respectively, a chapter has been devoted to these crimes. In this study, we seek to answer this question that what strategy has been adopted by the penal policies of Islam, Afghanistan and France in the face of the positive barriers to judicial justice? The findings of the research indicate that in general, the policy and practice of Islam is not fully compatible with the criminal laws of Afghanistan and France for the described crimes. Because, first, the criminalization of these actions has been, in general, without taking into account the fact that they are actions against judicial justice; second: some of the factors that impede the administration of judicial justice (No concealment of sexual offenses, Injustice and lack of specialization of judges), which are prohibited according to Islamic teachings, have not been criminalized and observed by the legislators of these countries. This article has been conducted through a descriptive-analytical method. While exploring the need to criminalize barriers to judicial justice, positive barriers to judicial justice such as failure to report crimes, threatening the victim of the crime not to file a complaint, elimination of the evidence of the crime and hiding the criminals are identified from the perspective of the criminal law of Afghanistan, France, and Islam. Finally, the performance of the legislators of these countries in dealing with this category of crimes has been criticized and studied.https://csiw.qom.ac.ir/article_1944_45d89c0fb44e17fae8eb582a443d6dda.pdfcrimejudicial justicebarriers to judicial justicepenal codeislamafghanistanfrance |
| spellingShingle | Adel Sarikhani sayed haidar shah mousavi Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France پژوهش تطبیقی حقوق اسلام و غرب crime judicial justice barriers to judicial justice penal code islam afghanistan france |
| title | Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France |
| title_full | Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France |
| title_fullStr | Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France |
| title_full_unstemmed | Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France |
| title_short | Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France |
| title_sort | positive barriers to judicial justice in islam and criminal law of afghanistan and france |
| topic | crime judicial justice barriers to judicial justice penal code islam afghanistan france |
| url | https://csiw.qom.ac.ir/article_1944_45d89c0fb44e17fae8eb582a443d6dda.pdf |
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