A Critique of Documentations of Discretionary Death Penalty in Jurisprudence and Afghanistan Penal Code

Abstract

Abstract<br><br>Discretionary execution is one of the challenging issues in jurisprudence and Penal Code. Afghanistan Penal Code includes this penalty, and Sunni jurists have recommended such an execution in the cases like action against public interests and treason against the government. The jurists have discussed about discretionary execution in the cases like causing corruption on the earth, forbidding the wrong, repeatedly committing a crime, and authority of the ruler. However, nobody has presented sufficient evidence from the Holy Quran and traditions regarding the issue. It is not permitted to record discretionary execution in jurisprudence and Penal Code, and deprive somebody of the right to life without a strong legal reason. In addition, the Holy Quran, the traditions, the Universal Declaration of Human Rights (UDHR), and the Constitution of Afghanistan consider the right to life as the most basic right of every human being, and discretionary execution is in counter to this right. Thus, discretionary execution is under question and there is no satisfactory evidence from jurisprudence and law to accept it.