Methods and Ways to Protect Minors from Crimes in Islamic Jurisprudence and Afghan Law أساليب وطرق وقاية القاصر من الجناية في الفقه الاسلامي والقانون الأفغاني

Abstract

Here's the summary and main findings of what has been reached during this research Minor: It refers to any person not legally responsible or has not completed their legal capacity. It includes children, the insane, and some consider it applicable to those under coercion or intoxicated. In Afghan law, minors are categorized into five types: the insane, children, the compelled, the intoxicated, and the coerced.Child: In Islamic jurisprudence, it refers to one who has not reached puberty, with variations in definitions. In Afghan law, it refers to those who have not reached the age of eighteen.Synonyms for "child" in Islamic jurisprudence include boy, infant, lad, and adolescent, while in law, it's commonly "child."Stages of childhood in Islamic jurisprudence: The stage of non-discrimination (below seven years old) and the stage of discrimination (seven years and above). Stages of childhood in Afghan law: Stage of non-discrimination (below seven years old), stage of discrimination (seven years old to below twelve), and stage of adolescence (twelve years old to below eighteen).Nature of minor offenses in jurisprudence: They result from actions of those not fully responsible for their actions due to lack of capacity or coercion, leading to harm to oneself or others, or actions deserving worldly or otherworldly punishment.Related terms to crime: Crime, misdemeanor, destruction, deviation.Crime in law: The law doesn't provide precise definitions but focuses more on the punishment incurred. Related terms in Afghan law include crime, misdemeanor, obscenity, destruction.Important methods of protecting minors from crime in Islamic law: Religious education, good morals, positive role models, beneficial knowledge, stable family.Afghan law grants rights to children, ensuring their protection from crimes and offenses when these rights are upheld.

Keywords: Protect Minors, Crimes, Islamic Jurisprudence, Afghan Law.