First Person Life

2006-03-26

Tidbits from Afganistan Law

Here are some tidbits from Afganistan's Laws... I found these on the net and included links to the original sources. These goes along with my previous post regarding a legal solution to the Afgan Christian who's being tried for converting from Islam.

[Click Below for Full Post]


2004 Constitution
1976 Penal Code

I wasn't able to find an "official" copy of the current constitution. But here's what I found. The source is http://www.oefre.unibe.ch/law/icl/af00000_.html and was linked through the U.S. Library of Congress... so it's been vetted a little at least.

(Please note the EDITORS NOTE regarding this English translation at the above website. According to the website, this constitution has been in effect since January 2004)

Article 2 [Religions]
(1) The religion of the state of the Islamic Republic of Afghanistan is the sacred religion of Islam.
(2) Followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of law.


Article 3 [Law and Religion]
In Afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of Islam.


Article 6 [Purposes]
The state is obliged to create a prosperous and progressive society based on social justice, protection of human dignity, protection of human rights, realization of democracy, and to ensure national unity and equality among all ethnic groups and tribes and to provide for balanced development in all areas of the country.


Article 24 [Liberty, Human Dignity]
(1) Liberty is the natural right of human beings. This right has no limits unless affecting the rights of others or public interests, which are regulated by law.
(2) Liberty and dignity of human beings are inviolable.
(3) The state has the duty to respect and protect the liberty and dignity of human beings.


Article 27 [Punishment]
(1) No act is considered a crime, unless determined by a law adopted prior to the date the offense is committed.
(2) No person can be pursued, arrested or detained but in accordance with provisions of law.
(3) No person can be punished but in accordance with the decision of an authorized court and in conformity with the law adopted before the date of offense.


Article 45 [Unified Educational Curriculum]
The state shall devise and implement a unified educational curriculum based on the provisions of the sacred religion of Islam, national culture, and in accordance with academic principles, and develops the curriculum of religious subjects on the basis of the Islamic sects existing in Afghanistan.


Article 54 [Family]
(1) Family is a fundamental unit of society and is supported by the state.
(2) The state adopts necessary measures to ensure physical and psychological well being of family, especially of child and mother, upbringing of children and the elimination of traditions contrary to the principles of sacred religion of Islam.



Source:International Development Law Organization
1976 Penal Code

Article 14:
(1) Provisions of this Law shall be applied to persons who commit crime within the area of the Republican Government of Afganistan. The area of the Republican Government of Afganistan encompasses any place under its jurisdiction.
(2) Afgan air-planes and ships, whether inside or outside Afganistan, are considered from the area of Afganistan, unless they are, according to general principles of international law, subject (to authority) of a foreign state.


Article 15: Provisions of this Law are also applicable to the following persons:
(1) Any person who commits an act outside Afganistan as a result of which he is considered the performer of or accomplice in a crime which has taken place in whole or in part in Afganistan.
(2) Any person who commits one of the following crimes outside Afganistan:
(a) Crime against internal or external security of the state of Afganistan;
(b) Crime of forgery as contained in articles 302 and 303 of this Law;
(c) Crime of counterfiting as contained in arcticle 310 of this Law or import of forged or counterfited articles to Afganistan.



This is by no means a comprehensive assessment. Just some tidbits for consideration by others.

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