For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights–driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.

Islamic Law
Customary Law
Human Rights
Afghanistan
Penal Law

• Introduction
• Islamic Law and Custom
• The Concept of Human Rights in Islam
• Custom and Islamic Jurisprudence
• Custom and the Rights of Women
• Custom, Human Rights and Family Law
• Custom and Religious Minorities
• Reconciling Custom with Universal Human Rights
• Conclusion

Islamic Law Faculty, Kabul University, Kabul, Afghanistan
Lutforahman Saeed

Book Title
Islam, Custom and Human Rights

Book Subtitle
A Legal and Empirical Study of Criminal Cases in Afghanistan After the 2004 Constitution

Authors
Lutforahman Saeed

Series Title
Interdisciplinary Studies in Human Rights

DOI
https://doi.org/10.1007/978-3-030-83086-1

eBook Packages
Law and Criminology, Law and Criminology (R0)

Copyright Information
The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022

Hardcover ISBN
978-3-030-83085-4
Published: 30 October 2021

Softcover ISBN
978-3-030-83088-5
Published: 30 October 2022

eBook ISBN
978-3-030-83086-1
Published: 29 October 2021

Series ISSN
2509-2960

Series E-ISSN
2509-2979

Edition Number
1

Number of Pages
XVIII, 211

Number of Illustrations
1 b/w illustrations

Topics
Private International Law, International & Foreign Law, Comparative Law , Human Rights, Islam, Prison and Punishment