An Analysis of the Principle of Individual Criminal Responsibility in Islam and Afghanistan’s Criminal Law

The principle of individual criminal responsibility asserts that each person is accountable for their own criminal behavior. This principle, based on Islamic and social justice perspectives and justice-oriented ideologies, is recognized as a fundamental principle of criminal law. It is crucial to ensure proportionality between the crime and the offender, as well as to determine its applicability or non-applicability to legal cases. Therefore, examining this principle as criminal behavior in Afghanistan's criminal law is essential and warranted. The primary question is: What is the position of the principle of individual criminal responsibility in Islamic and Afghanistan’s criminal law? The author hypothesizes that the principle of individual responsibility for crime and punishment is acknowledged in both Islamic and Afghanistan’s criminal law. This study analyzes the issue from the perspectives of Islam and Afghanistan's criminal laws through a descriptive-analytical method using library resources. The findings of the study indicate that in Islam, the "Wizr" rule exemplifies the principle of individual criminal responsibility, which is also reflected in the Criminal Law of 1964. In addition, this principle generally exists as a rule in Afghanistan’s criminal law.