Whats the prevailing view among locals on which kind of law should prevail, religious or secular?
“Based on the conversations I have personally had with students and Afghan employees of JSSP, it is a combination of both,” Fannon said. “In fact, the Afghan Penal Code explicitly recognizes three different classes of serious crimes based on Islamic religious law. However, Islamic law has very difficult proof requirements that are extremely difficult to meet. In those cases where the prosecution cannot meet the Islamic proof requirements, they are allowed to prove those cases according to more traditional methods if the crime is specifically listed in one of the criminal codes of Afghanistan. One example is theft. If a person is proven to have committed theft under Islamic religious law, the court can order a hand removed as punishment. Fortunately, the Islamic religious law proof requirements are rarely met and the vast majority of offenders are punished for theft with imprisonment and fines, just like in the U.S.” Fannon said he is stationed at a regional training center in the north
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