THE IMPLEMENTATION OF THE RULE OF DAR- AL-HUDUD FI AL-SHUBUHAT IN SUNNI JURISPRUDENCE AND ITS PENAL CONSEQUENCES IN THE PENAL CODE OF AFGHANISTAN (A CASE STUDY OF THE THEFT CRIME)

One of the categories of Sharia crimes is the Hudud crimes. By consensus among Sunni jurists, theft is classified as a Hudud crime, for which the prescribed punishment is amputation of the hand. However, in certain cases, the implementation of the punishment for theft is suspended, particularly when there is doubt regarding the crime's occurrence. Based on a Hadith of the Prophet Muhammad (peace be upon him), Hudud are not implemented in cases of doubt. In such instances, the offender will be punished according to the Penal Code of Afghanistan, specifically referencing Article 2, Paragraph 1, and Article 699, Paragraph 2. This research aims to clarify the foundation and application of the rule of Dar- al-Hudud in the context of theft according to Sunni jurisprudence and to examine its penal consequences in the Afghanistan’s Penal Code. The significance of this research lies in its first step of outlining the applications of this rule, which includes the conditions for the suspension of the punishment for theft in Sunni jurisprudence, and examining the penal consequences for the offender based on the Afghanistan’s Penal Code. In the second step, while applying this rule to the crime of theft and the Afghanistan’s Penal Code, it aims to free the reader from the need to reference other sources, which are mostly in Arabic. Additionally, it is crucial for defense attorneys when preparing defenses, for prosecutors when drafting charges, and for judges during hearings and rulings. The methodology used in this research is descriptive-analytical, utilizing library resources. This study will clarify the terms used in the title and discuss the applications of this rule, including: wrongful appropriation of property, embezzlement, denial of deposit, theft of the Quran, burial shrouds, low-value items, theft not from a secured location, theft from places of worship, etc. In such cases, the punishment for theft is not implemented, and the offender is penalized according to the Afghanistan’s Penal Code.