Interference between Punishments for Several crimes in Islamic Jurisprudence and the Afghan Penal Code

Abstract

It has been recognized in Islamic law and statutory laws that the penalties for different crimes overlap. Punishing the perpetrator of multiple crimes for a crime is considered an overlap in punishments. This research aims to apply the punishment on the criminal in the case of several crimes, as it shows the supremacy of Islamic law and its leniency towards its followers and criminals. The necessity of this research is that the intersection of punishments clarifies the aspects of pardon and facilitation in Islamic law for people who do not know the truth of Sharia law, as well as the provisions of Islamic jurisprudence in the Afghan penal code. The provisions are intended to clarify the agreement. In this research, an analytical and descriptive research strategy was chosen, and the writings of contemporary and previous jurists were studied. The jurists mentioned the intersection of punishments in their writings. The results of this study show that according to Islamic jurists and the provisions of the Afghan Penal Code, it is possible to determine punishment for several crimes, and several crimes are considered as one crime. The results of this research show that according to Islamic jurists and the provisions of the Afghan Penal Code, it is possible to determine punishment for several crimes, and several crimes are considered as one crime. If the mentioned cases differ, the penalties will not overlap.