Jurisprudential and Legal Methods to Fight Against the Misuse of Public Property in Regarding to the Assistance of the International Community in the Reconstruction Projects of Afghanistan

Page: 22-27

Abdul Ahad Shafiq Faqiry1, Khaja Hamiddudin Jami2, and Abedin Momeni3 (A Doctoral Student of the Islamic Faculty, Tehran University, Tehran, Iran1, Department of Islamic Culture, Faculty of Islamic Studies, Herat University, Afghanistan2, and Faculty of Islamic Studies, Tehran University, Tehran, Iran3)

Based on Islamic jurisprudence and Afghan law, everything that belongs to the members of the society, owned and if in case its value and benefit is permissible in the case of abundance and difficulty, and its loss leads to compensation is called public property. According to this definition, with the rule of democracy systems in Afghanistan from 1980 onwards; Some people knowingly tried to embezzle public property in various ways under the name of embezzlement, waste, destruction, theft, betrayal, bribery, etc., which gradually became a big social problem in the country. In the meantime, the national wealth, which included billions of dollars in international aid in Afghanistan, was stolen by many people. Therefore, the research of this problem and the understanding of the strategies to fight against the profit seekers of this sinister and corruption-oriented phenomenon are of particular importance from the point of view of Islamic jurisprudence and Afghan law. It is worth noting that in some cases in the views of Islamic jurists and Afghan law, there are common points such as the imprisonment of transgressors. However, different points such as cutting off the hand of a thief is a controversial issue the Islamic jurists advocates for it and other jurists do not. Therefore, knowing the ways of encroaching on the national wealth, explaining and examining the perspective of Islamic jurisprudence and Afghan law, and how to punish looters of public property are among the most important goals of this research.