Deprivation of Social Rights from the Perspective of Afghanistan Criminal Law and Imamate Jurisprudence

Author (s) : Dr. Adel Sarikhani1 ; Seyyed Anwar Mousavi2

Institution : 1 Professor and Faculty Member at Qom University, Iran
2 Ph.D. Candidate in Criminal Law and Criminology of Al-Mustafa Al-Alamiya University (pbuh), Iran

Category : Article,IJMMU

Topics : Deprivation; Rights; Social Rights; Imamate Jurisprudence; Criminal Law of Afghanistan

Considering the ever-increasing complexity of social relations, the necessity of its proper organization and especially the multiplicity of motivations for violating the rules governing it, preventing disorder and managing the delinquency phenomenon require effective and fair measures. “Deprivation of social rights” is one of those measures by which the criminal and any person with a dangerous condition (for the purpose of reforming and incapacitating from committing a crime) are deprived of the rights and privileges that in a law-abiding society and in Interaction with the community, people benefit from it. The question that is raised here is the position of responding to crime with measures under the title of deprivation of social rights, in Afghanistan criminal law and Imamate jurisprudence. The present research has studied the issue in a library form using inductive, citation and comparative methods (in the field of Afghanistan criminal law and Imamate jurisprudence) to explain the foundations, scope and effects of this establishment as one of the appropriate responses to crime and to help achieve a society free from disorder and injustice. The results of the research show that Afghanistan criminal law and Imamate jurisprudence, both in a coordinated manner, have paid a lot of attention to numerous examples of the punishment of deprivation of social rights in order to achieve a goal and to effectively deal with crime to take advantage of the important effects and results of this plan, which is to reduce the risks and negative consequences caused by physical, financial, prison, etc. punishments.

Article can be downloaded here >> https://ijmmu.com/index.php/ijmmu/article/view/6879/5510