د جعل او تزویر جر ایم د افغانستان اسلامي امارت د جزایي اصولنامې په رڼا کي

Abstract (English)

Forgery and falsification are crimes that lead to the distortion of truth, manipulation of documents, and the erosion of public trust. This study, entitled “Forgery and Falsification in Light of the Penal Code of the Islamic Emirate,” has been conducted, in which the concepts, types, criminal elements, legal status under Islamic law, and legal punishments of forgery and falsification have been examined scientifically. Forgery and falsification are among the crimes that undermine the credibility of documents and social trust and have direct negative effects on the economic, legal, and administrative system. The study of this subject is of significant importance for public awareness and legal understanding. In this research, the descriptive–analytical method has been employed, and information has been collected from library sources, the Holy Qur’an, Prophetic traditions, and jurisprudential and legal works. The objective of the study is to identify forgery and falsification, distinguish between them, analyze their criminal elements, clarify their legal ruling, and explain the punishments according to the Penal Code of the Islamic Emirate. The findings indicate that forgery and falsification are intentional crimes that are realized through the existence of legal, material, and moral elements, and they are considered prohibited under Islamic law. According to the Penal Code of the Islamic Emirate, graduated discretionary punishments proportionate to the nature of the crime have been prescribed for forgery and falsification; thus, the term of imprisonment starts from two months and extends up to three years. Furthermore, in cases of recidivism and other aggravating circumstances, the term of imprisonment may be increased up to five years. Nevertheless, criminal punishments alone are not sufficient to prevent these crimes; rather, raising public awareness, strengthening administrative transparency, establishing effective mechanisms for monitoring documents and procedures, and ensuring the fair and strict enforcement of the

English