Afghan Biographies

Taliban Judical Sharia System

Name Taliban Judical Sharia System
Ethnic backgr.
Date of birth
Function/Grade Background Hudud and Qisas Punishment
History and Biodata

Hudud And Qisas Punishment

Under the Taliban’s strict interpretation of Shari’a, hudud punishments are fixed and mandated for those who commit crimes against God. Such crimes include adultery, drinking alcohol, highway robbery, and some types of theft.

Taliban courts also could issue rulings under a broader definition of hudud crimes that includes apostasy from Islam or rebellion against a lawful Islamic ruler.

Hudud crimes cannot be pardoned and the punishments must be carried out in public — from public flogging for drinking alcohol, amputating a person’s hand for theft, or penalties as harsh as stoning a person to death for adultery.

The high standards of evidence required in hudud cases means courts in most other countries under Islamic law rarely issue hudud punishments.

Courts in those countries have stipulated that hudud punishments should be avoided if there is the slightest doubt or ambiguity in a case.

Qisas is a form of retributive justice — “an eye for an eye” or “a just retaliation” — in cases of crimes against man.

Under qisas, a person convicted of murder is publicly executed at the request of the victim’s family.

A murder victim’s relatives also can choose under qisas to settle instead for “blood money” — a retribution payment from the killer.

The legal systems of Pakistan, Iran, Saudi Arabia, the United Arab Emirates, Qatar, and some parts of Nigeria provide for qisas with varying degrees of public display.


Last Modified 2021-09-09
Established 2021-09-09