Legal And Jurisprudential Solutions to Combat Misuse of Public Property Considering the Global Community's Aid in Afghanistan's Reconstruction Projects

In the Islamic legal system, the issue of combating the misuse of public property and offering legal and jurisprudential solutions is among the topics under the subset of Islamic public law discussions. This issue has always been the focus of jurists and legal scholars, who have written valuable works in this regard, each explaining and analyzing this topic based on their temporal and spatial conditions. The misuse of public property has always been a fundamental social challenge that has directed people and societies towards crises. Unfortunately, the misuse of public property prevails in most countries, and Afghanistan is one of those countries suffering from this destructive crisis, with much of the public property, including aid from the global community in Afghanistan's reconstruction projects, being misused by individuals and legal entities. This article, acknowledging the misuse of public property as a challenge in Afghanistan's reconstruction efforts, aims to provide solutions to overcome this destructive challenge by drawing on the works of Islamic jurists and Muslim legal scholars. Employing a descriptive-analytical method and a comparative approach, the article first explains the issue and then delves into defining key concepts pertinent to this article. Subsequently, it elaborates on the types and methods of misuse and, finally, summarizes them to propose solutions to address this destructive challenge. In legal and jurisprudential sources, various solutions have been proposed to address this problem and punish those who misuse public property, including multiple material and non-material penalties such as imprisonment, fines, permanent or long-term dismissal from government positions, enforcement of legal limits, and punishments, all of which are collected, analyzed, and elucidated in this article.

کلیدواژه ها:

public property ، Methods ، Misuse ، Jurisprudence ، Law ، Punishment ، Afghanistan