The Nature and Elements of the Crime of Hostage-Taking in Islamic Jurisprudence, International Documents, and Afghan law

Abstract

Hostage-taking is one of the crimes against the freedom of individuals, which is carried out for political, economic, social security, retaliatory measures, etc., and the perpetrator makes the release of the hostage subject to the execution or refusal of execution by a third party, and as the case may be, with The fulfillment of other conditions is considered to be crimes against national security or even war crimes, etc.; Considering that hostage-taking is a crime that disrupts domestic and international security and causes concern to the international community and the nation and the government, and the territory of committing it is sometimes intra-border and sometimes trans-border, and in terms of time, sometimes during war and sometimes It is committed under normal circumstances, therefore it is very important and has different situations and different rulings; This act is criminalized in international documents and Afghan law. In this research, after preliminary discussions such as explaining the concepts of the problem and their differences with similar concepts, the sources of the basics and the historical background, the nature and elements of the crime of hostage-taking in Islamic jurisprudence, international documents and Afghan law have been comparatively examined in order to be a step towards realization. Justice and scientific development) God willing).