Proving Forgery from the Point of View of Sharia and the Penal Code of Afghanistan

Proof, Confession, swearing, witnessing, knowledge of judge, Qazf


  • Hamidulah Mohammadi
    Assistant Professor, Department of Islamic Law, Faculty of Sharia Law, Balkh University of Afghanistan, Afghanistan
  • Abdul Hadi Mesbah Assistant Professor, Department of Islamic Law Faculty of Sharia Law Baghlan University of Afghanistan, Afghanistan
20 May 2023


This article is about the proof of Qazf in a comparative manner between Islamic Sharia and the Afghan Penal Code, which can be summarized as follows: Proving Qazf consists of special methods and tools that distinguish this crime from other limits from the point of view of proof. Another way to prove Qazf is to prove to the judge that a person has accused another person of adultery. Therefore, according to the advanced Hanafi jurists, Qazf is proved in court by the confession of the Qazf (accuser) or the testimony of the Qazf's witnesses (accused) or by the knowledge of the judge, but according to the late Hanafi jurists and the Afghan Penal Code, only by the confession of the Qazf and testimony. It is proved that the witnesses are rejected. The proof of Qazf compared to other limits depends on the demand and filing of a lawsuit, therefore, confession in Qadzf is the same as some cases of confession in other limits, and in some cases, it is different; This kind of testimony in Qazf in some cases will not be the same as testimony in other areas. The jurists disagree about the proof of qadhf through oath; According to the Hanafi jurists, it is not proven, according to the Shafi'is and Hanbalis, Qazf Dariya is proven, but Maliki's scholars. They differ on this matter.