Arresting by Police in the Crime Detection Stage from the Perspective of the Afghan Criminal Justice System and Islamic Jurisprudence
Abstract
Police custody as a security means in the crime detection stage is an issue that this research has investigated to identify and evaluate its position in the criminal justice system of Afghanistan and Islamic jurisprudence. The descriptive-analytical method is used for analyzing the subject. The findings of the research indicate that arrest by police is not legitimate in Afghanistan's judicial system. This method is only accepted for felonies and misdemeanors for which medium imprisonment is foreseen, or for crimes for which there is a possibility that the perpetrator may escape or disappear. Also, the Afghan legislature, by predicting a long period for police detention (72 hours for ordinary crimes and 10 days for serious crimes such as terrorist crimes), is different from other criminal proceedings systems based on international documents and human rights. While, a large number of Muslim jurists believe that police detention is prohibited, and another group considers it to be reserved for crimes such as murder and other crimes that are similar in importance or violate judicial justice, and the Imami jurisprudence limits it to six days.
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DOI: http://dx.doi.org/10.18415/ijmmu.v10i4.4631
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