On the formation of criminal legislation in the Islamic Republic of Afghanistan

The article discusses the main milestones and conditions for the development of the criminal legislation of Afghanistan. The features of the interaction of secular law with Sharia are considered. At different stages in the development of criminal law, the priority of religious norms over the norms of the Constitution and criminal law can be traced. The most progressive changes in the criminal legislation of Afghanistan occurred in 1964 with the adoption of the Constitution.Despite the fact that cases of the Hoodood, Kisas and Diya categories were still examined by Sharia courts, Tazir crimes were examined exclusively by courts of general jurisdiction. Currently, the criminal legislation of the Republic continues to develop, in 2018 a new Criminal Code was adopted.