Comprehensive Examination of Crime Prevention in the Qur’an and Its Reflection in Afghanistan’s Criminal Laws

Abstract

The present study aims to elucidate the position of crime prevention in the Qur’an and to comparatively examine its reflection during two periods of Afghanistan’s legal system: the 1976 Penal Code and the laws currently in force under the Islamic Emirate after 2021. Employing a descriptive-analytical method and a qualitative approach, the study examines Qur’anic verses, the 1976 Penal Code, and a collection of recent decrees, rulings, and regulatory codes issued by the Islamic Emirate. The findings indicate that the Holy Qur’an, through its emphasis on concepts such as enjoining good and forbidding evil, averting probable harm, learning lessons from consequences, and family upbringing, establishes a comprehensive six-level system of crime prevention. The comparative analysis demonstrates that although the 1976 Penal Code was inspired by many Qur’anic teachings, the relevant preventive institutions and mechanisms were designed in a fragmented manner and without a coherent framework. By contrast, the Islamic Emirate’s recent regulations—such as the decree establishing the Security and Purification Commission, the decree concerning background investigation and fact-finding, and the Penal Code of Regulations—seek to operationalize a Sharia-based preventive system through the institutionalization of security surveillance, the criminalization of ideological and cultural preliminaries to criminal conduct, and the integration of judicial and military institutions. This new approach has transformed crime prevention from a predominantly judicial and rehabilitative strategy into a security-oriented and cultural strategy aimed at preserving the integrity of the governing system. The study concludes that establishing an effective preventive system in Afghanistan requires achieving a balance between the supervisory and protective approach of the new legal order and the principles of human dignity and citizens’ rights—an objective that currently faces substantial challenges.