Criminology at Afghanistan
Criminology in Afghanistan is a developing and highly complex field shaped by the country’s prolonged conflict, fragile institutions, tribal customs, and evolving legal systems. Due to decades of war, political instability, and limited academic infrastructure, criminology as a formal discipline is underdeveloped, but understanding crime, justice, and punishment in Afghanistan requires exploring its hybrid legal system and the broader social context.
1. Legal and Institutional Framework
Afghanistan operates under a mixed legal system that includes:
Islamic (Sharia) law
Statutory law (based on the 2004 Constitution and subsequent legal codes)
Customary law (Pashtunwali and other tribal codes)
However, since the Taliban regained control in 2021, formal legal institutions have been largely dismantled or replaced with Sharia-based governance, with significant implications for law enforcement and criminal justice.
2. Crime Patterns and Challenges
Criminological studies are limited, but major crime issues include:
Terrorism and insurgency-related violence
Drug trafficking (Afghanistan has long been the world’s top producer of opium)
Corruption at all levels of government
Gender-based violence, including domestic abuse and honor killings
Theft, kidnapping, and extortion in both rural and urban areas
3. Criminal Justice System
Before 2021, the criminal justice system included police, prosecutors, courts, and corrections. Key features were:
Weak judicial independence
Limited legal education and training
Poor prison conditions and high pretrial detention rates
Under the Taliban:
Sharia courts have largely replaced formal judicial processes.
There are reports of public punishments, executions, and the use of corporal penalties.
Legal representation is often denied, and due process protections are minimal.
4. Law Enforcement
Policing has been fractured; many former officers were dismissed, replaced, or absorbed into Taliban security forces.
Taliban patrols act as both law enforcers and judges, especially in rural areas.
Community-based enforcement often relies on tribal elders or local religious leaders.
5. Corrections and Penology
Prison conditions remain harsh, with issues like overcrowding, torture, and lack of basic services.
The focus is on punishment and deterrence, not rehabilitation.
Since the Taliban takeover, hundreds of prisoners (including Taliban members and ISIS fighters) were released or have escaped.
6. Role of Customary Justice
In many rural areas, tribal and customary justice systems are the primary method of resolving disputes. Features include:
Informal councils (jirgas or shuras)
Restorative approaches (e.g., blood money, tribal compensation)
Gender bias and lack of protections for women and minorities
7. Academic Development of Criminology
Criminology as an academic discipline is virtually non-existent in Afghanistan.
Some universities previously offered law and Sharia programs, but higher education has been curtailed, especially for women, under the Taliban regime.
International support for criminology and justice studies has largely been suspended.
8. Human Rights Concerns
Major human rights issues related to crime and punishment include:
Lack of due process
Harsh and unequal punishments
Discrimination against women and minorities in legal proceedings
Use of courts for political or religious repression
Summary
Criminology in Afghanistan is constrained by ongoing conflict, ideological rule, and the absence of a functioning legal-academic environment. While crime is widespread, institutional responses are driven more by religious law and power dynamics than by formal criminological frameworks. The study of crime in Afghanistan today must consider tribal customs, religious doctrine, and state fragility.
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