THE CONDITIONS AND CIRCUMSTANCES OF THE CIVIL LIABILITY OF PHYSICIANS IN ISLAMIC JURISPRUDENCE AND THE STATUTORY LAWS OF AFGHANISTAN

The civil liability of physicians in Islamic jurisprudence and the statutory laws of Afghanistan is one of the complex and sensitive issues in medical law, referring to the responsibility of doctors towards patients and the consequences resulting from their medical actions. Civil liability of a physician means their obligation to compensate for financial, physical, or emotional damages caused to patients. This liability typically arises when a doctor fails to fulfill their duties or performs unauthorized or negligent medical procedures. The aim of this study is to examine the conditions and circumstances under which physicians are held civilly liable under Islamic jurisprudence and Afghan statutory law. The central question of this research is: under what conditions and circumstances is a physician liable according to Islamic jurisprudence and Afghanistan’s laws? It appears that if a physician causes harm to a patient due to negligence, lack of caution, or excessive treatment, they are considered liable. This research is conducted through library-based sources and employs a descriptive-analytical method. The findings indicate that a physician cannot be deemed absolutely liable or entirely acquitted; rather, they are liable in cases where they fail to obtain prior consent (discharge of liability), lack sufficient expertise, or commit negligence. Otherwise, they are not considered liable.


28.04.2025 Volume Issue View more Download
OBSTACLES AND ADVANCES OF THE PRINCIPLE OF LEGALITY OF CRIMES AND PUNISHMENTS IN INTERNATIONAL CRIMINAL LAW

International criminal proceedings have been consistently criticized due to the lack of an international legislative system, mandatory competent courts, and organized enforcement mechanisms. These factors are essential for establishing a comprehensive and credible legal framework. These shortcomings were particularly evident during the Nuremberg and Tokyo trials, where reliance on the concept of "justice" could not fill the void left by the absence of "legality." The criticisms raised during and after these trials highlighted the importance of the principles of legality of crimes and punishments within international criminal law. Although the process of accepting and establishing these principles has been slow, it has progressed steadily. A historical examination of international criminal proceedings—from the Leipzig High Court in the early 20th century, the Nuremberg and Tokyo trials in the mid-century, the International Criminal Tribunals for the former Yugoslavia and Rwanda in the 1990s, and ad hoc tribunals like the Special Court for Sierra Leone to the International Criminal Court (ICC) at the beginning of the 21st century—demonstrates a profound and gradual evolution in the acceptance and implementation of the principles of legality of crimes and punishments. This process began with denial and initial indifference to these principles and ultimately reached a point where adherence to them was explicitly stated as a legal necessity. This evolution reflects the continuous efforts of the international community to strengthen the legal foundations of international criminal proceedings and ensure the rights of the accused.


28.04.2025 Volume Issue View more Download
SHASHMAQOM TIZIMINING TUZILISHI VA ESTETIK ASOSLARI

Mazkur ishda Shashmaqom tizimining musiqiy tuzilishi, uning asosiy qismlari, lad-tonal tizimi va kompozitsion qurilishi chuqur tahlil qilinadi. Shuningdek, Shashmaqomning estetik asoslari, ya’ni ohang, ritm, poetik mazmun va ijro uslubining o‘zaro uyg‘unligi orqali yaratilgan go‘zallik mezonlari yoritiladi. Tadqiqotda Shashmaqomning o‘ziga xosligi, milliy musiqiy tafakkurdagi o‘rni hamda madaniy meros sifatidagi qadriyati nazariy va amaliy jihatdan asoslab beriladi. Shashmaqomning badiiy-estetik ta’siri uning ijro an’analari, tinglovchi bilan muloqoti va musiqiy obrazlar yaratish vositalari orqali ochib beriladi.


28.04.2025 Volume Issue View more Download
JISMONIY TARBIYA DARSLARIDA ZAMONAVIY TA'LIM BERISH USULLARI

Ushbu maqola jismoniy tarbiya darslarida zamonaviy ta'lim berish usullarining ahamiyatini tahlil qiladi. Maqolada zamonaviy pedagogik texnologiyalar, interaktiv metodlar, gamifikatsiya, multimedia vositalari va individuallashtirilgan yondashuvlarning ta'lim jarayoniga qanday ta'sir ko'rsatishi va o'quvchilarning jismoniy, ruhiy va ijtimoiy rivojlanishiga qanday hissa qo'shishi ko'rib chiqiladi. Zamonaviy usullar nafaqat jismoniy salomatlikni yaxshilash, balki o'quvchilarni motivatsiya qilish, o'ziga bo'lgan ishonchni oshirish va sport faoliyatida samarali ishtirok etish uchun zarur ko'nikmalarni rivojlantirishga yordam beradi. Maqola shuningdek, texnologiyalarni jismoniy tarbiya darslarida qo'llash, tashqi muhitni ta'lim jarayoniga jalb qilish va o'quvchilarga rag'batlantiruvchi muhit yaratish haqida muhokama qiladi. Barcha metodlar orqali jismoniy tarbiya darslari yanada interaktiv, samarali va qiziqarli bo'lishi mumkin.


28.04.2025 Volume Issue View more Download
THE POSITION OF THE PROHIBITION OF TORTURE IN THE INTERNATIONAL LEGAL SYSTEM: ELUCIDATING LEGAL MECHANISMS

In international documents, various definitions of torture have been presented, with the most comprehensive and reasonable being the definition provided in the Convention Against Torture of 1984. Article 1 of this Convention states that, for the purposes of the Convention, the term "torture" refers to any intentional act that causes severe physical or mental pain or suffering to a person, for the purpose of obtaining information or confessions from him or a third person. It also encompasses punishing a person for an act that he or a third person has committed or is suspected of committing, or threatening or coercing him or a third person. Punishment based on any form of discrimination is also considered torture. However, the same article adds that pain and suffering resulting from the inherent or incidental characteristics of lawful penalties are excluded from this definition. Among the international guarantees against torture in the international legal system are the Convention Against Torture of 1984, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Geneva Conventions, the Statute of the International Criminal Court, the European Convention on Human Rights, the American Convention on Human Rights, and the African Charter on Human and Peoples' Rights. Establishing the position of the prohibition of torture in the international legal system as one of the absolute principles contributes to preventing violations of the prohibition of torture, upholding human rights, and ensuring fair trials within the judicial process.


28.04.2025 Volume Issue View more Download
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