Restoration/ Rehabilitation of Prestige in Islamic Sharia and Afghan Statutory Laws

Abstract

Aim: Human dignity or being human in term of his/her soul, property, honor, status need to be respected. Unfortunately, sometimes it has been witnessed that human being is confronting outrage, accusation, abuse, humiliation, etc., that affects their soul, property, honor and status. These all acts are considered illegal and prohibited in Holy Quran, Hadiths and Jurisprudence. If a person is exposed to such disgraceful activities, his/her status has to be rehabilitated and restored. Both material and intellectual remedies are suggested and approved by Law, that scholars know it as General Rehabilitation/ Restoration of Prestige.

Methods: The doctrinal research methodology and a descriptive, explanatory, and analytical research approaches were used in this study. It is worth mentioning that this study was entirely based on library sources. The sources are textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area.

Results: This study found that most of the Afghan academicians and legal scholars believe that if someone’s prestige is affected due to a crime committed by others or itself, in both situation one’s prestige has to be recovered. That Islamic law indicates it as repentance and remorse though substantive law suggest two ways i.e. statutory rehabilitation/restoration of prestige and judicial rehabilitation/restoration of prestige.

Conclusion: Human dignity and sympathy call for respecting others honor, prestige and privilege. If someone’s prestige and dignity is violated due to a cruel act, the perpetrator has to be convicted by court, that the victim’s prestige, privilege, and status is renovated and restored.

Recommendations: As many people in Afghanistan are illiterate and do not know the importance of restoration of prestige, the judges should declare the principle of both law and court-based rehabilitation with the time lapse within their verdict and criminals will know the importance in the future.