TY  - JOUR
T1  - A Critique of Documentations of Discretionary Death Penalty in
Jurisprudence and Afghanistan Penal Code
AU - Nezhad, Abdul Karim Abdullahi AU - Moghaddam, Hussein Naseri AU - Fayaz, Ali Akbar 
JO  - The Social Sciences
VL  - 11
IS  - 4
SP  - 463
EP  - 469
PY  - 2016
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2016.463.469
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2016.463.469
KW  - the right to life
KW  -UDHR
KW  -jurisprudence
KW  -Penal Code
KW  -Discretionary execution
AB  - Discretionary execution is one of the challenging issues in jurisprudence and Penal Code.
Afghanistan Penal Code includes this penalty and Sunni jurists have recommended such an execution in the
cases like action against public interests and treason against the government. The jurists have discussed about
discretionary execution in the cases like causing corruption on the earth, forbidding the wrong, repeatedly
committing a crime and authority of the ruler. However, nobody has presented sufficient evidence from the Holy
Quran and traditions regarding the issue. It is not permitted to record discretionary execution in jurisprudence
and Penal Code and deprive somebody of the right to life without a strong legal reason. In addition, the Holy
Quran, the traditions, the Universal Declaration of Human Rights (UDHR) and the Constitution of Afghanistan
consider the right to life as the most basic right of every human being and discretionary execution is in counter
to this right. Thus, discretionary execution is under question and there is no satisfactory evidence from
jurisprudence and law to accept it.
ER  -