Investigating the Concealment of Criminals from the Viewpoint of Islamic Jurisprudence and Afghanistan criminal Code

Abstract

Concealment of crime and criminal is one of the topics that has been less noticed by jurists and criminal legislators and their attention is focused on the main perpetrator of the crime. The issue of crime and the criminal is largely solved because with little attention and reference to most books of jurisprudence and state laws can be seen, which the main part of Tazir to these works is devoted to this issue. Therefore, in the Tazirat section, the topic of concealment of offenders is less discussed and this issue is summarized by describing the participation in the crime and the implementation of the same criminal punishment on the accomplice, which is an indication of the existence of a legal vacuum in this section. The purpose of this study is to investigate how criminals hide, from the perspective of jurisprudence and law. The importance of this investigation is that in order to prove the crime of secrecy, the realization of a number of conditions is necessary in the concealing and concealing person, otherwise, the act of secrecy plus not being a crime is often legitimate. The research method of this article is mostly library and it has been tried to use cluster sampling method among jurisprudential opinions and Islamic scholars. The result of this research is that concealment for the purpose of non-implementation of punishment is a crime and the concealer deserves to be punished of tazir because it is a form of co-operation in the crime and evading the criminal from justice. For the sake of this action on the concealing and concealing person, some conditions are necessary because in some cases, secrecy is not only a crime, but it is necessary for such an action to save the life of the person at risk.