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135-409: The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest . Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It

270-619: A Human Rights Watch 's report released in November 2021, the Taliban killed or forcibly disappeared more than 100 former members of the Afghan security forces in the three months since the takeover in just the four provinces of Ghazni, Helmand, Kandahar, and Kunduz. According to the report, the Taliban identified targets for arrest and execution through intelligence operations and access to employment records that were left behind. Former members of

405-608: A cultural genocide against Afghans by destroying their historical and cultural texts, artifacts and sculptures. The Taliban held control of most of the country until the United States invasion of Afghanistan in December 2001. Many members of the Taliban fled to neighboring Pakistan. After being overthrown, the Taliban launched an insurgency to fight the US-backed Islamic Republic of Afghanistan and

540-669: A criminal trial. The U.S. military regulates treatment of detainees in the manual Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees , last revised in 1997. The term " unlawful combatant " came into public awareness during and after the War in Afghanistan (2001–present) , as the U.S. detained members of the Taliban and al-Qaeda captured in that war, and determined them to be unlawful combatants . This had generated considerable debate around

675-546: A loanword in English, Taliban , besides a plural noun referring to the group, has also been used as a singular noun referring to an individual. For example, John Walker Lindh has been referred to as "an American Taliban" rather than "an American Talib" in domestic media. This is different in Afghanistan, where a member or a supporter of the group is referred to as a Talib (طَالِبْ) or its plural Talib-ha (طَالِبْهَا). In other definitions, Taliban means 'seekers'. In English,

810-471: A nuisance, or another tort has been held a taking of property where the conduct was sufficiently persistent and severe. There exist many theories of property. One is the relatively rare first possession theory of property , where ownership of something is seen as justified simply by someone seizing something before someone else does. Perhaps one of the most popular is the natural rights definition of property rights as advanced by John Locke . Locke advanced

945-469: A number of arrests of local journalists, as well as barring access to international journalists. The country's small community of Sikhs - who form Afghanistan's second largest religion - as well as Hindus , have reportedly been prevented from celebrating their holidays as of 2023 by the Taliban government. Despite this, the Taliban in a later statement praised the communities and assured that their private land and property will be secured. In April 2024,

1080-509: A police-cell, remand prison or other detention centre before trial or sentencing . The length of detention of suspected terrorists , with the justification of taking an action that would aid counter-terrorism , varies according to country or situation, as well as the laws which regulate it. The Terrorism Act 2006 in the United Kingdom lengthened the 14-day limit for detention without an arrest warrant or an indictment from

1215-418: A possessory interest or legal title in that thing. This mediating relationship between individual, property, and State is called a property regime. In sociology and anthropology , property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. The distinction between collective and private property

1350-449: A resource based on the practical inability to contradict the ends of the possessor. The second title is the expectation that others will recognize rights to control resources, even when not in possession. He elaborates on the differences between these two concepts and proposes a history of how they came to be attached to persons, as opposed to families or entities such as the church. Both communism and some forms of socialism have also upheld

1485-433: A scarcity justification, since the things don't have the exclusivity property (however, those who support a scarcity justification may still support other "intellectual property" laws such as Copyright , as long as these are a subject of contract instead of government arbitration). Thus even ardent propertarians may disagree about IP. By either standard, one's body is one's property. From some anarchist points of view,

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1620-422: A single party at a time, or a single party in a divisible context, if owned or used. Thus far or usually, those are not considered property, or at least not private property, even though the party bearing right of exclusive use may transfer that right to another. In many societies the human body is considered property of some kind or other. The question of the ownership and rights to one's body arise in general in

1755-533: Is Pashto, طَالِباَنْ ( ṭālibān ), meaning "students", the plural of ṭālib . This is a loanword from Arabic طَالِبْ ( ṭālib ), using the Pashto plural ending -ān اَنْ . (In Arabic طَالِبَانْ ( ṭālibān ) means not "students" but rather "two students", as it is a dual form, the Arabic plural being طُلَّابْ ( ṭullāb )—occasionally causing some confusion to Arabic speakers.) Since becoming

1890-435: Is a great property, there is great inequality … Civil government, so far as it is instituted for the security of property, is in reality instituted for the defense of the rich against the poor, or of those who have some property against those who have none at all. In his 1881 text "The Common Law", Oliver Wendell Holmes describes property as having two fundamental aspects. The first, possession, can be defined as control over

2025-553: Is a steamed bun, pickles and polenta. The meal will start at 6:30; at noon there will be two steamed buns. The dishes include potato beef, potato chicken, and scrambled eggs with seasonal vegetables. Instead of three dishes, choose one of three and start at 10:30." Li Yanhong was told by the man in the water splashing incident that the "straight man went up to the tree" the inside of the Chaoyang Detention Center. One refers to activities that hinder litigation in

2160-409: Is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of

2295-581: Is an enemy. However, non-Pashtuns and others usually criticize some of the values such as the Pashtun practice of equally dividing inheritances among sons, even though the Qur'an clearly states that women are supposed to receive one-half of a man's share. According to Ali A. Jalali and Lester Grau, the Taliban "received extensive support from Pashtuns across the country who thought that the movement might restore their national dominance. Even Pashtun intellectuals in

2430-464: Is an expectation that each party's will with regard to the property be clearly defined and unconditional. . The parties may expect their wills to be unanimous, or alternatively each may expect their own will to be sufficient when no opportunity for dispute exists. The first Restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the State enforces

2565-516: Is based on The Public Trust Doctrine. ), celestial bodies and outer space, and land in Antarctica . The nature of children under the age of majority is another contested issue here. In ancient societies, children were generally considered the property of their parents. However, children in most modern communities theoretically own their bodies but are not regarded as competent to exercise their rights. Their parents or guardians are given most of

2700-546: Is governed by the provisions of the Fourth Geneva Convention . Any form of imprisonment where a person's freedom of liberty is removed can be classed as detention, although the term is often associated with persons who are being held without warrant or charge before any have been raised. Being detained for the purposes of a drugs search is tantamount to a temporary arrest , as it is not yet known whether charges can be brought against an individual, pending

2835-492: Is his safest refuge]." It is the origin of the famous dictum, "an Englishman's home is his castle". The ruling enshrined into law what several English writers had espoused in the 16th century. Unlike the rest of Europe the British had a proclivity towards owning their own homes. British Prime Minister William Pitt, 1st Earl of Chatham defined the meaning of castle in 1763, "The poorest man may in his cottage bid defiance to all

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2970-467: Is no private property under natural law but only under human law . Seneca viewed property as only becoming necessary when men become avaricious. St. Ambrose later adopted this view and St. Augustine even derided heretics for complaining the Emperor could not confiscate property they had labored for. The canon law Decretum Gratiani maintained that mere human law creates property, repeating

3105-640: Is often defined by the code of the local sovereignty and protected wholly or - more usually, partially - by such entity, the owner being responsible for any remainder of protection. The standards of the proof concerning proofs of ownerships are also addressed by the code of the local sovereignty, and such entity plays a role accordingly, typically somewhat managerial . Some philosophers assert that property rights arise from social convention , while others find justifications for them in morality or in natural law . Various scholarly disciplines (such as law , economics , anthropology or sociology ) may treat

3240-562: Is regarded as confusion, since different individuals often hold differing rights over a single object. Types of property include real property (the combination of land and any improvements to or on the ground), personal property (physical possessions belonging to a person), private property (property owned by legal persons, business entities or individual natural persons), public property (State-owned or publicly owned and available possessions) and intellectual property —including exclusive rights over artistic creations and inventions. However,

3375-502: Is shorter than imprisonment, which is a similar punishment. However, unlike imprisonment, a stay of execution cannot be granted, so the penalty is always a ‘prison sentence’. Under the Criminal Code, the penalty is ‘less severe than a fine’, but in the course of incarceration in a penal institution, a physical examination is carried out to identify the person to the extent necessary, or if necessary to maintain discipline and order in

3510-594: Is such that an article of property is, by law or otherwise by traditional conceptualization, subject to expiration even when inheritable , which is a key distinction from tangible property. Upon expiration, the property, if of the intellectual category, becomes a part of public domain , to be used by but not owned by anybody, and possibly used by more than one party simultaneously due to the inapplicability of scarcity to intellectual property. Whereas things such as communications channels and pairs of electromagnetic spectrum bands and signal transmission power can only be used by

3645-526: Is surely undeniable that, when a man engages in remunerative labor, the impelling reason and motive of his work is to obtain property, and after that to hold it as his very own." Anthropology studies the diverse ownership systems, rights of use and transfer, and possession under the term "theories of property". As mentioned, western legal theory is based on the owner of property being a legal person. However, not all property systems are founded on this basis. In every culture studied, ownership and possession are

3780-441: Is the combination of interests in land and improvements thereto, and personal property is interest in movable property. Real property rights are rights relating to the land. These rights include ownership and usage. Owners can grant rights to persons and entities in the form of leases , licenses , and easements . Throughout the last centuries of the second millennium , with the development of more complex theories of property,

3915-623: Is to serve and provide security for Afghans." In response to "international criticism" over lack of diversity, an ethnic Hazara was appointed deputy health minister, and an ethnic Tajik appointed deputy trade minister. On the other hand, the Ministry of Women's Affairs has been closed and its building is the new home of Ministry for the Propagation of Virtue and the Prevention of Vice . According to Anderson, some women still employed by

4050-535: Is used to refer to "any person captured or otherwise detained by an armed force." More generally, it means "someone held in custody." The prisoners in Guantánamo Bay are referred to as "detainees". Article 9 of the Universal Declaration of Human Rights provides that "[n]o one shall be subjected to arbitrary arrest , detention or exile ." In wars between nations, treatment of detainees

4185-554: The Islamic Emirate reestablished. Following their return to power, the Afghanistan government budget lost 80% of its funding and food insecurity became widespread. The Taliban returned Afghanistan to many policies implemented under its previous rule, including banning women from holding almost any jobs, requiring women to wear head-to-toe coverings such as the burqa , blocking women from travelling without male guardians, and banning all education for girls. The word Taliban

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4320-624: The Islamic Emirate of Afghanistan , is an Afghan political and militant movement with an ideology comprising elements of Pashtun nationalism and the Deobandi movement of Islamic fundamentalism . It ruled approximately 75% of Afghanistan from 1996 to 2001 , before it was overthrown by an American invasion after the September 11th attacks carried out by the Taliban's ally al-Qaeda . The Taliban recaptured Kabul in August 2021 following

4455-665: The NATO -led International Security Assistance Force (ISAF) in the War in Afghanistan . In May 2002, exiled members formed the Council of Leaders based in Quetta , Pakistan. Under Hibatullah Akhundzada 's leadership, in May 2021, the Taliban launched a military offensive , that culminated in the Fall of Kabul in August 2021 and the Taliban regaining control. The Islamic Republic was dissolved and

4590-735: The Northern Alliance militia, which seized parts of northeast Afghanistan and maintained international recognition as a continuation of the Islamic State of Afghanistan . During their rule from 1996 to 2001, the Taliban enforced a strict interpretation of Sharia , or Islamic law, and were widely condemned for massacres against Afghan civilians, harsh discrimination against religious and ethnic minorities, denial of UN food supplies to starving civilians, destruction of cultural monuments, banning women from school and most employment, and prohibition of most music . The Taliban committed

4725-522: The Pakistani Taliban . Additionally, in Pakistan, the word Talibans is often used when referring to more than one Taliban member. In Afghanistan, the Taliban is frequently called the گرُوهْ طَالِبَانْ ( Goroh-e Taleban ), Dari term which means 'Taliban group'. As per Dari/Persian grammar, there is no "the" prefix. Meanwhile, in Pashto, a determiner is normally used and as a result,

4860-587: The Pashtun areas of east and south Afghanistan, who had been educated in traditional Islamic schools ( madāris ). Under the leadership of Mullah Omar ( r.  1996–2001 ), the movement spread through most of Afghanistan, shifting power away from the Mujahideen warlords . In 1996, the group established the First Islamic Emirate of Afghanistan. The Taliban's government was opposed by

4995-745: The Sharia law in accordance with the Hanafi school of Islamic jurisprudence and the religious edicts of Mullah Omar. The Taliban, Mullah Omar in particular, emphasised dreams as a means of revelation. The Taliban forbade the consumption of pork and alcohol, the use of many types of consumer technology such as music with instrumental accompaniments , television, filming, and the Internet, as well as most forms of art such as paintings or photography, participation in sports , including football and chess ; Recreational activities such as kite -flying and

5130-540: The Terrorism Act 2000 to 28 days. A controversial Government proposal for an extension to 90 days was rejected by the House of Commons . English criminal law requires the detainer/arrestor to have reasonable grounds to suspect ( reasonable suspicion ) when detaining (or arresting) someone. Indefinite detention of an individual occurs frequently in wartime under the laws of war . This has been applied notably by

5265-634: The United States after the September 11 attacks . Before the Combatant Status Review Tribunals , created for reviewing the status of the Guantanamo detainees , the United States has argued that it is engaged in a legally recognizable armed conflict to which the laws of war apply, and that it therefore may hold captured al Qaeda and Taliban operatives throughout the duration of that conflict, without granting them

5400-495: The commons . The term "commons," however, is also often used to mean something entirely different: "general collective ownership"—i.e. common ownership . Also, the same term is sometimes used by statists to mean government-owned property that the general public is allowed to access ( public property ). Law in all societies has tended to reduce the number of things not having clear owners. Supporters of property rights argue that this enables better protection of scarce resources due to

5535-747: The near seizure of the capital Kabul , the Taliban occupied the Presidential Palace after the incumbent President Ashraf Ghani fled Afghanistan to the United Arab Emirates. Ghani's Asylum was confirmed by the UAE Ministry of Foreign Affairs and International Cooperation on 18 August 2021. Remaining Afghan forces under the leadership of Amrullah Saleh , Ahmad Massoud , and Bismillah Khan Mohammadi retreated to Panjshir to continue resistance. The Taliban had "seized power from an established government backed by some of

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5670-709: The seafloor (see the United Nations Convention on the Law of the Sea for restrictions), gases in Earth's atmosphere , animals in the wild (although in most nations, animals are tied to the land. In the United States and Canada , wildlife is generally defined in statute as property of the State. This public ownership of wildlife is referred to as the North American Model of Wildlife Conservation and

5805-513: The spiritual body that runs them. Intellectual property and air ( airspace , no-fly zone , pollution laws, which can include tradable emissions rights ) can be property in some senses of the word. Ownership of land can be held separately from the ownership of rights over that land, including sporting rights, mineral rights , development rights, air rights , and such other rights as may be worth segregating from simple land ownership. Ownership laws may vary widely among countries depending on

5940-442: The telos of property, i.e., what is the purpose of property? His answer: to solve the scarcity problem. Only when items are relatively scarce concerning people's desires, do they become property. For example, hunter-gatherers did not consider land to be property, since there was no shortage of land. Agrarian societies later made arable land property, as it was scarce. For something to be economically scarce, it must necessarily have

6075-616: The tragedy of the commons . At the same time, critics say that it leads to the 'exploitation' of those resources for personal gain and that it hinders taking advantage of potential network effects . These arguments have differing validity for different types of "property"—things that are not scarce are, for instance, not subject to the tragedy of the commons . Some apparent critics advocate general collective ownership rather than ownerlessness. Things that do not have owners include: ideas (except for intellectual property ), seawater (which is, however, protected by anti-pollution laws), parts of

6210-409: The value of legal tender if not the legal tender itself , as the manufacturer rather than the possessor might be the owner. They often distinguish tangible and intangible property . One categorization scheme specifies three species of property: land, improvements (immovable man-made things), and personal property (movable man-made things). In common law , real property ( immovable property )

6345-476: The " Public Security Administration Punishment Law of the People's Republic of China ", which is a type of administrative punishment. The maximum period of public security detention is 20 days, and release upon expiration. Administrative detention shall be signed and approved by the administrative responsible person (i.e., director) of the public security agency at the county level and above, and shall be executed in

6480-418: The "exclusivity property"—that use by one person excludes others from using it. These two justifications lead to different conclusions on what can be property. Intellectual property —incorporeal things like ideas, plans, orderings and arrangements (musical compositions, novels, computer programs)—are generally considered valid property to those who support an effort justification, but invalid to those who support

6615-531: The Administrative Procedure Law. The maximum period is 20 days, and the court will deliver the detainee to the administrative detention facility of the public security department for execute. Those who are dissatisfied can apply to the court for reconsideration. During the period of detention, the court shall decide to explain in advance or release at the expiration of the term. There is also another type of judicial detention: Article 134 of

6750-722: The Afghan mujahideen. About 90,000 Afghans, including Mullah Omar, were trained by Pakistan's ISI during the 1980s. In April 1992, after the fall of the Soviet-backed régime of Mohammad Najibullah , many Afghan political parties agreed on a peace and power-sharing agreement, the Peshawar Accord , which created the Islamic State of Afghanistan and appointed an interim government for a transitional period. Gulbuddin Hekmatyar 's Hezb-e Islami Gulbuddin , Hezbe Wahdat , and Ittihad-i Islami did not participate. The state

6885-508: The Criminal Procedure Law, detention is restriction of one's freedom temporarily until either he stands trial in court or is set free to go. Contrary to arrest, which is ordered by juridical decision, detention is ordered by prosecution office. Public prosecutor can order detention only if the measure is a requisite for investigation and there is concrete evidence that one is suspicious of a crime. Property Property

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7020-531: The General Principles of the Civil Law stipulates: People's courts, in hearing civil cases, may be reprimanded, ordered to repent, and confiscated property and illegal gains for serious violations of civil laws and regulations and can be fined and detained in accordance with the law. It can be seen that the detention stipulated in the General Principles of the Civil Law is a punishment method used by

7155-616: The Hezbe Wahdat forces of Abdul-Ali Mazari . Saudi Arabia supported the Ittihad-i Islami faction. The conflict between these militias also escalated into war. Due to this sudden initiation of civil war, working government departments, police units or a system of justice and accountability for the newly created Islamic State of Afghanistan did not have time to form. Atrocities were committed by individuals inside different factions. Ceasefires, negotiated by representatives of

7290-807: The Hobbes/Harrington generation, Sir Robert Filmer , reached conclusions much like Hobbes', but through Biblical exegesis . Filmer said that the institution of kingship is analogous to that of fatherhood, that subjects are still, children, whether obedient or unruly and that property rights are akin to the household goods that a father may dole out among his children—his to take back and dispose of according to his pleasure. Taliban State allies Non-state allies Non-state opponents The Taliban ( / ˈ t æ l ɪ b æ n , ˈ t ɑː l ɪ b ɑː n / ; Pashto : طَالِبَانْ , romanized:  Tālibān , lit.   'students'), which also refers to itself by its state name,

7425-641: The Inca empire, the dead emperors, considered gods, still controlled property after death. In 17th-century England , the legal directive that nobody may enter a home (which in the 17th century would typically have been male-owned) unless by the owner's invitation or consent, was established as common law in Sir Edward Coke 's " Institutes of the Lawes of England ". "For a man's house is his castle, et domus sua cuique est tutissimum refugium [and each man's home

7560-527: The Islamic Emirate of Afghanistan continue, with education policies and international relations, including internal and external challenges faced by the Taliban regime. In mid 2021, the Taliban led a major offensive in Afghanistan during the withdrawal of US troops from the country, which gave them control of over half of Afghanistan's 421 districts as of 23 July 2021. By mid-August 2021, the Taliban controlled every major city in Afghanistan; following

7695-714: The Islamic State's newly appointed Defense Minister Ahmad Shah Massoud , President Sibghatullah Mojaddedi and later President Burhanuddin Rabbani (the interim government), or officials from the International Committee of the Red Cross (ICRC), commonly collapsed within days. The countryside in northern Afghanistan, parts of which were under the control of Defense Minister Massoud, remained calm and some reconstruction took place. The city of Herat under

7830-833: The Mujahideen. Pakistan's President Muhammad Zia-ul-Haq feared that the Soviets were also planning to invade Balochistan , Pakistan, so he sent Akhtar Abdur Rahman to Saudi Arabia to garner support for the Afghan resistance against Soviet occupation forces. A while later, the US CIA and the Saudi Arabian General Intelligence Directorate (GID) funnelled funding and equipment through the Pakistani Inter-Service Intelligence Agency (ISI) to

7965-483: The Taliban destroyed the statues, following a decree by Mullah Omar which stated: "all the statues around Afghanistan must be destroyed." Yahya Massoud, brother of the anti-Taliban and resistance leader Ahmad Shah Massoud , recalls the following incident after the destruction of the Buddha statues at Bamyan: It was the spring of 2001. I was in Afghanistan's Panjshir Valley, together with my brother Ahmad Shah Massoud ,

8100-461: The Taliban had little direct control, and as a result, they promoted village jirgas , so in rural areas, they did not enforce their ideology as stringently as they enforced it in cities. The Taliban's religious/political philosophy, especially during its first régime from 1996 to 2001, was heavily advised and influenced by Grand Mufti Rashid Ahmed Ludhianvi and his works. Its operating political and religious principles since its founding, however,

8235-598: The Taliban implemented strict religious regulations, notably affecting women's rights and cultural heritage. This period included significant ethnic persecution and the destruction of the Buddhas of Bamiyan . After the US-led invasion in 2001, the Taliban were ousted from power but regrouped and launched an insurgency that lasted two decades. The Taliban returned to power in 2021 following the US withdrawal . Their efforts to establish

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8370-489: The Taliban instituted a ban on all education for all girls and women around the country alongside a ban on female staff in schools, including teaching professions. Teaching was one of the last few remaining professions open to women. The Taliban's ideology has been described as an "innovative form of sharia combining Pashtun tribal codes", or Pashtunwali , with radical Deobandi interpretations of Islam favoured by Jamiat Ulema-e-Islam and its splinter groups. Their ideology

8505-580: The Taliban nominee for Ambassador to the U.N. told Anderson "The Hazara Shia for us are also Muslim. We believe we are one, like flowers in a garden." In late 2021, journalists from The New York Times embedded with a six-man Taliban unit tasked with protecting the Shi'ite Sakhi Shrine in Kabul from the Islamic State , noting "how seriously the men appeared to take their assignment." The unit's commander said that "We do not care which ethnic group we serve, our goal

8640-612: The Taliban's governance of Afghanistan, drug users and dealers were both severely persecuted. In 1999, Mullah Omar issued a decree in which he called for the protection of the Buddha statues at Bamyan , two 6th-century monumental statues of standing buddhas which were carved into the side of a cliff in the Bamyan valley in the Hazarajat region of central Afghanistan. But in March 2001,

8775-406: The U.N. World Food Program country director, Mary Ellen McGroarty, as of late 2021, early 2022 "22.8 million Afghans are already severely food insecure, and seven million of them are one step away from famine"; and that the world community has "unanimously" asked the Taliban "to form an inclusive government, ensure the rights of women and minorities and guarantee that Afghanistan will no more serve as

8910-401: The United States, in discussions with American journalist Jon Lee Anderson. Anderson notes that the Taliban's war against any " graven images ", so vigorous in their early rule, has been abandoned, perhaps made impossible by smartphones and Instagram. One local observer (Sayed Hamid Gailani) has argued the Taliban have not killed "a lot" of people after returning to power. Women are seen out on

9045-585: The West, who differed with the Taliban on many issues, expressed support for the movement on purely ethnic grounds." Written works published by the group's Commission of Cultural Affairs including Islami Adalat , De Mujahid Toorah – De Jihad Shari Misalay, and Guidance to the Mujahideen outlined the core of the Taliban Islamic Movement's philosophy regarding jihad, sharia, organization, and conduct. The Taliban régime interpreted

9180-628: The administrative detention facility under the public security agency. Those who are dissatisfied with the detention may initiate administrative reconsideration and administrative litigation. According to the decision of the Standing Committee of the National People's Congress, the Chinese national security agency and People's Armed Police has also been granted the power to enforce administrative detention penalties. "Breakfast

9315-481: The cause, of the distribution of property. He said that the worst possible situation is when the commoners have half a nation's property, with the crown and nobility holding the other half—a circumstance fraught with instability and violence. He suggested a much better situation (a stable republic) would exist once the commoners own most property. In later years, the ranks of Harrington's admirers included American revolutionary and founder John Adams . Another member of

9450-491: The citizens respectively who made, or may rightfully own them: Provided, that the citizens of the Nation possessing the exclusive and indefeasible right to their improvements, as expressed in this article, shall possess no right or power to dispose of their improvements, in any manner whatever, to the United States, individual States, or individual citizens thereof; and that, whenever any citizen shall remove with his effects out of

9585-573: The common interest, and only when he is himself concerned as an individual." In addition, he says that when property is common, there are natural problems that arise due to differences in labor: "If they do not share equally enjoyments and toils, those who labor much and get little will necessarily complain of those who labor little and receive or consume much. But indeed, there is always a difficulty in men living together and having all human relations in common, but especially in their having common property." ( Politics, 1261b34 ) Cicero held that there

9720-439: The concept more systematically, but definitions vary, most particularly when involving contracts . Positive law defines such rights, and the judiciary can adjudicate and enforce property rights. According to Adam Smith (1723-1790), the expectation of profit from "improving one's stock of capital" rests on private-property rights. Capitalism has as a central assumption that property rights encourage their holders to develop

9855-515: The concept of personal property had become divided into tangible property (such as cars and clothing ) and intangible property (such as financial assets and related rights, including stocks and bonds ; intellectual property , including patents , copyrights and trademarks ; digital files ; communication channels ; and certain forms of identifier , including Internet domain names , some forms of network address , some forms of handle and again trademarks). Treatment of intangible property

9990-492: The course of civil, administrative litigation or court enforcement, such as perjurying, attacking the court, obstructing the testimony of witnesses, concealing and transferring sealed or seized property, obstructing court staff from performing their official duties, evading execution, etc. The detention decision directly made by the people's court is a judicial compulsory measure, based on the Civil Procedure Law or

10125-523: The day. This was contradicted by former senior members of the Ministry of Women's Affairs, one of which who told Anderson, "they will do anything to convince the international community to give them financing, but eventually I'll be forced to wear the burqa again. They are just waiting." After Taliban retook power in 2021, border clashes erupted between the Taliban with its neighbors includes Iran and Pakistan , leading to casualties on both sides. In

10260-487: The departure of coalition forces , after 20 years of Taliban insurgency , and now controls the entire country. The Taliban government is not recognized by any country and has been internationally condemned for restricting human rights , including women 's rights to work and have an education . The Taliban emerged in 1994 as a prominent faction in the Afghan Civil War and largely consisted of students from

10395-626: The discussion of human rights , including the specific issues of slavery , conscription , rights of children under the age of majority , marriage , abortion , prostitution , drugs , euthanasia and organ donation . Of the following, only sale and at-will sharing involve no encumbrance . The two major justifications are given for the original property, or the homestead principle , are effort and scarcity. John Locke emphasized effort, "mixing your labor" with an object, or clearing and cultivating virgin land. Benjamin Tucker preferred to look at

10530-416: The doctrine of sovereign immunity precludes relief. Moreover, if the interference does not almost completely make the property valueless, the interference will not be deemed a taking but instead a mere regulation of use. On the other hand, some governmental regulations of property use have been deemed so severe that they have been considered " regulatory takings ." Moreover, conduct is sometimes deemed only

10665-490: The early months of Taliban rule, international journalists have had some access to Afghanistan. In February 2022, several international journalists, including Andrew North were detained. The Committee to Protect Journalists described their detention as "a sad reflection of the overall decline of press freedom and increasing attacks on journalists under Taliban rule." The journalists were released after several days. Subsequently, watchdog organizations have continued to document

10800-540: The entire social and political unit. Common ownership in a hypothetical communist society is distinguished from primitive forms of common property that have existed throughout history, such as Communalism and primitive communism , in that communist common ownership is the outcome of social and technological developments leading to the elimination of material scarcity in society. Corporate systems describe ownership as being attached to an identifiable group with an identifiable responsible individual. The Roman property law

10935-421: The fact that they help a man form those expectations which he can reasonably hold in his dealings with others. These expectations find expression in society's laws, customs, and more. An owner of property rights possesses the consent of fellowmen to allow him to act in particular ways. An owner expects the community to prevent others from interfering with his actions, provided that these actions are not prohibited in

11070-446: The first is a heavier punishment than the second. The two other kinds of punishment is light community service and fines. Prisons are designed in several ways and there are 5 levels of regimes (which depends on the crime committed). Nieuw Vosseveld is a long stay prison with the heaviest regime for the most dangerous criminals. The prison is meant for criminals that have been sentenced to 5 years of imprisonment and longer. According to

11205-526: The forces of the crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter." That principle was carried to the United States. Under U.S. law, the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The Takings clause requires that

11340-630: The former sole Sikh member of parliament, Narendra Singh Khalsa , returned to Afghanistan for the first time since the collapse of the Republic. In September 2021, the government ordered primary schools to reopen for both sexes and announced plans to reopen secondary schools for male students, without committing to do the same for female students. While the Taliban stated that female college students will be able to resume higher education provided that they are segregated from male students (and professors, when possible), The Guardian noted that "if

11475-464: The fundamental rights of control over them. Questions regarding the nature of ownership of the body also come up in the issue of abortion , drugs , and euthanasia . In many ancient legal systems (e.g., early Roman law ), religious sites (e.g. temples ) were considered property of the God or gods they were devoted to. However, religious pluralism makes it more convenient to have sacred sites owned by

11610-577: The globe. The U.S. government refers to these captured enemy combatants as "detainees" because they did not qualify as prisoners of war under the definition found in the Geneva Conventions . Under the Obama administration the term enemy combatants was also removed from the lexicon and further defined under the 2010 Defense Omnibus Bill: Section 948b. Military commissions generally: (a) Purpose-This chapter establishes procedures governing

11745-405: The government (whether State or federal—for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments) may take private property only for a public purpose after exercising due process of law, and upon making "just compensation." If an interest is not deemed a "property" right or the conduct is merely an intentional tort, these limitations do not apply, and

11880-446: The government are "being forced to sign in at their jobs and then go home, to create the illusion of equity"; and the appointment of ethnic minorities has been dismissed by an "adviser to the Taliban" as tokenism. Reports have "circulated" of "Hazara farmers being forced from their land by ethnic Pashtuns, of raids of activists' homes, and of extrajudicial executions of former government soldiers and intelligence agents". According to

12015-711: The group is normally referred to as per Pashto grammar: دَ طَالِبَانْ ( Da Taliban ) or دَ طَالِبَانُو ( Da Talibano ). After the Soviet Union intervened and occupied Afghanistan in 1979, Islamic mujahideen fighters waged a war against Soviet forces. During the Soviet–Afghan War , nearly all of the Taliban's original leaders had fought for either the Hezb-i Islami Khalis or the Harakat-i Inqilab-e Islami factions of

12150-486: The high schools do not reopen for girls, the commitments to allow university education would become meaningless once the current cohort of students graduated." Higher Education Minister Abdul Baqi Haqqani said that female university students will be required to observe proper hijab , but did not specify if this required covering the face. Kabul University reopened in February 2022, with female students attending in

12285-413: The idea of "giving to every man his own," a phrase he drew from the writings of Cicero . But he wondered: How can anybody call anything his own? A contemporary of Hobbes, James Harrington , reacted to the same tumult differently: he considered property natural but not inevitable. The author of " Oceana ," he may have been the first political theorist to postulate that political power is a consequence, not

12420-451: The issue of state compensation for criminal detention. Divided into two situations: Taking criminal detention measures illegally In the case of legally taking criminal detention measures but subsequently terminating the investigation of criminal responsibility, the victim must be detained beyond the detention period (up to 37 days) for the right to obtain compensation. It is imposed for a period of between one and 30 days (maximum 29 days). It

12555-732: The keeping of pigeons and other pets were also forbidden, and the birds were killed according to the Taliban's rules. Movie theatres were closed and repurposed as mosques. The celebration of the Western and Iranian New Years was also forbidden. Taking photographs and displaying pictures and portraits were also forbidden, because the Taliban considered them forms of idolatry . This extended even to "blacking out illustrations on packages of baby soap in shops and painting over road-crossing signs for livestock. Women were banned from working, girls were forbidden to attend schools or universities, were required to observe purdah (physical separation of

12690-700: The king of the Sumerian city-state Lagash , established the first laws that forbade compelling the sale of property. The Bible in Leviticus 19:11 and ibid. 19:13 states that the Israelites are not to steal. Aristotle , in Politics, advocates "private property." He argues that self-interest leads to neglect of the commons. "[T]hat which is common to the greatest number has the least care bestowed upon it. Everyone thinks chiefly of his own, hardly at all of

12825-399: The latter is not always widely recognized or enforced. An article of property may have physical and incorporeal parts. A title , or a right of ownership , establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. The unqualified term "property" is often used to refer specifically to real property. Property

12960-455: The launching pad for global terrorist operations", before it recognizes the Taliban government. In conversation with journalist Anderson, senior Taliban leaders implied that the harsh application of sharia during their first era of rule in the 1990s was necessary because of the "depravity" and "chaos" that remained from the Soviet occupation, but that now "mercy and compassion" were the order of

13095-485: The law. Article 15 Item 1 of the original version of the "National Compensation Law of the People’s Republic of China", which was implemented from January 1, 1995, to December 31, 2012, stipulates that: Detained by mistake", the detainee can apply for state compensation. Article 17 Item 1 of the revised "National Compensation Law of the People's Republic of China", which came into effect on January 1, 2013, provides for

13230-557: The leader of the Afghan resistance against the Taliban, and Bismillah Khan, who currently serves as Afghanistan's interior minister. One of our commanders, Commandant Momin, wanted us to see 30 Taliban fighters who had been taken hostage after a gun battle. My brother agreed to meet them. I remember that his first question concerned the centuries-old Buddha statues that were dynamited by the Taliban in March of that year, shortly before our encounter. Two Taliban combatants from Kandahar confidently responded that worshiping anything outside of Islam

13365-535: The limits of this Nation, and become a citizen of any other government, all his rights and privileges as a citizen of this Nation shall cease: Provided, nevertheless, That the National Council shall have power to re-admit, by law, to all the rights of citizenship, any such person or persons who may, at any time, desire to return to the Nation, on memorializing the National Council for such readmission. Communal property systems describe ownership as belonging to

13500-442: The morning and males in the afternoon. Other than the closure of the music department, few changes to the curriculum were reported. Female students were officially required to wear an abaya and a hijab to attend, although some wore a shawl instead. Attendance was reportedly low on the first day. In March 2022, the Taliban abruptly halted plans to allow girls to resume secondary school education even when separated from males. At

13635-427: The nature of the property of interest (e.g., firearms, real property, personal property, animals). Persons can own property directly. In most societies legal entities , such as corporations , trusts and nations (or governments) own property. In many countries women have limited access to property following restrictive inheritance and family laws, under which only men have actual or formal rights to own property. In

13770-873: The notion that private ownership of capital is inherently illegitimate. This argument centers on the idea that private ownership of capital always benefits one class over another, giving rise to domination through this privately owned capital. Communists do not oppose personal property that is "hard-won, self-acquired, self-earned" (as " The Communist Manifesto " puts it) by members of the proletariat . Both socialism and communism distinguish carefully between private ownership of capital (land, factories, resources, etc.) and private property (homes, material objects, and so forth). Most legal systems distinguish between different types of property, especially between land ( immovable property , estate in land , real estate , real property ) and all other forms of property— goods and chattels , movable property or personal property , including

13905-431: The outcome of the search. The term 'detained' often refers to the immediacy when someone has their liberty deprived, often before an arrest or pre-arrest procedure has yet been followed. For example, a shoplifter being pursued and restrained, but not yet informed they are under arrest or read their rights would be classed as 'detained'. The detention of suspects is the process of keeping a person who has been arrested in

14040-423: The penal institution, a physical examination is carried out. Unlike imprisonment, there is no work, but, as with imprisonment, the warden of the penal institution may permit work to be carried out if the prisoner requests that he or she wishes to do so [5]. Previously, Article 16 of the Criminal Code simply provided that ‘detention shall last not less than one day and not more than 30 days and shall be carried out in

14175-687: The penal institution.’ However, on 17 June 2022, the Law Partially Amending the Penal Code (Law No. 67 of 2022) was promulgated, which newly stipulates in paragraph 2 that ‘Persons sentenced to detention may be allowed to perform necessary work or receive necessary guidance in order to improve and rehabilitate them.’ The law clearly stipulates that. Article 9, part 1a of Wetboek van Strafrecht states that there are 4 kinds of primary punishment. Two of them are two kinds of detentions, which are called gevangenisstraf and hechtenis , where

14310-703: The people's courts to impose short-term restrictions on the personal freedom of persons who seriously violate the civil laws and regulations in the name of the country. It is the most severe punishment in civil sanctions. Article 38 of the National Compensation Law and Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning Judicial Compensation in Civil and Administrative Litigations clearly stipulate

14445-519: The phrases used by St. Augustine. St. Thomas Aquinas agreed with regard to the private consumption of property but modified patristic theory in finding that the private possession of property is necessary. Thomas Aquinas concludes that, given certain detailed provisions, The principal writings of Thomas Hobbes appeared between 1640 and 1651—during and immediately following the war between forces loyal to King Charles I and those loyal to Parliament . In his own words, Hobbes' reflection began with

14580-526: The principle of the state's liability for civil execution compensation. Refers to the criminal compulsory measures taken by public security agency, national security agency, or the People's Procuratorate's Anti-Corruption Bureau or the Malfeasance Investigation Bureau in accordance with the provisions of the Criminal Procedure Law against current criminals or major suspects during criminal investigations. The criminal detention of

14715-400: The property, generate wealth , and efficiently allocate resources based on the operation of markets. From this has evolved the modern conception of property as a right enforced by positive law, in the expectation that this will produce more wealth and better standards of living. However, Smith also expressed a very critical view of the effects of property laws on inequality: Wherever there

14850-455: The property, the owner thereof has the right to properly use it under the granted property rights . In economics and political economy , there are three broad forms of property: private property , public property , and collective property (or cooperative propert y). Property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements; to distinguish ownership and easement from rent, there

14985-477: The public security agency shall be approved by the person in charge of the administration of the public security agency at the county level (i.e., the director). Article 69 of the Criminal Procedure Law stipulates that if the public security organ considers a detained person to be arrested, it shall, within 3 days after detention, submit it to the investigation and supervision department of the People's Procuratorate for review and approval. Under special circumstances,

15120-487: The public security agency's request to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security agency shall release it immediately after receiving the notice, and promptly notify the People's Procuratorate of the execution. Those who need to continue the investigation and meet the conditions for release on bail pending trial or residential surveillance shall be released on bail pending trial or residential surveillance in accordance with

15255-621: The relative moderation of the new Taliban government and statements from its officials such as – "We have started a new page. We do not want to be entangled with the past," –?include that it did not expect to take over the country so quickly and still had "problems to work out among" their factions"; that $ 7 billion in Afghan government funds in US banks has been frozen, and that the 80% of the previous government's budget that came from "the United States, its partners, or international lenders", has been shut off, creating serious economic crisis; according to

15390-581: The religious schools of Kandahar and were influenced significantly by foreign support, particularly from Pakistan and Saudi Arabia, during the Soviet–Afghan War. They emerged in Afghanistan in the mid-1990s, capturing Kandahar and expanding their control across the country; they became involved in a war with the Northern Alliance . The international response to the Taliban varied, with some countries providing support while others opposed and did not recognize their regime. During their rule from 1996 to 2001,

15525-433: The rule of Islamic State ally Ismail Khan also witnessed relative calm. Meanwhile, southern Afghanistan was neither under the control of foreign-backed militias nor the government in Kabul, but was ruled by local leaders such as Gul Agha Sherzai and their militias. The Taliban movement originated in Pashtun nationalism , and its ideological underpinnings are with that of broader Afghan society. The Taliban's roots lie in

15660-588: The security forces were also killed by the Taliban within days of registering with them to receive a letter guaranteeing their safety. Despite Taliban claims that the ISIS has been defeated, IS carried out suicide bombings in October 2021 at Shia mosques in Kunduz and Kandahar , killing over 115 people. As of late 2021, there were still "sticky bomb" explosions "every few days" in the capital Kabul. Explanations for

15795-400: The sexes) and awrah (concealing the body with clothing), and to be accompanied by male relatives outside their households; those who violated these restrictions were punished. Men were forbidden to shave their beards and they were also required to let them grow and keep them long according to the Taliban's rules, and they were also required to wear turbans outside their households. Prayer

15930-417: The specifications of his rights. Different societies may have other theories of property for differing types of ownership. For example, Pauline Peters argued that property systems are not isolable from the social fabric, and notions of property may not be stated as such but instead may be framed in negative terms: for example, the taboo system among Polynesian peoples. In medieval and Renaissance Europe

16065-402: The spelling Taliban has gained predominance over the spelling Taleban . In American English , the definite article is used, the group is referred to as "the Taliban", rather than "Taliban". In English-language media in Pakistan, the definite article is always omitted. Both Pakistani and Indian English -language media tend to name the group "Afghan Taliban", thus distinguishing it from

16200-423: The street, Zabihullah Mujahid (acting Deputy Minister of Information and Culture) noted there are still women working in a number of government ministries, and claimed that girls will be allowed to attend secondary education when bank funds are unfrozen and the government can fund "separate" spaces and transportation for them. When asked about the slaughter of Hazara Shia by the first Taliban régime, Suhail Shaheen,

16335-497: The subjects of custom and regulation, and "law" is where the term can meaningfully be applied. Many tribal cultures balance individual rights with the laws of collective groups: tribes, families, associations, and nations. For example, the 1839 Cherokee Constitution frames the issue in these terms: Sec. 2. The lands of the Cherokee Nation shall remain common property. Still, the improvements made thereon, and in possession of

16470-402: The term "property" essentially referred to land. After much rethinking, land has come to be regarded as only a special case of the property genus. This rethinking was inspired by at least three broad features of early modern Europe: the surge of commerce, the breakdown of efforts to prohibit interest (then called " usury "), and the development of centralized national monarchies . Urukagina ,

16605-446: The theory that God granted dominion over nature to man through Adam in the book of Genesis. Therefore, he theorized that when one mixes one's labor with nature, one gains a relationship with that part of nature with which the labor is mixed, subject to the limitation that there should be "enough, and as good, left in common for others." (see Lockean proviso ) In his encyclical letter Rerum novarum (1891), Pope Leo XIII wrote, "It

16740-404: The time for requesting review and approval can be extended by 1 to 4 days. For major suspects who commit crimes on the verge of committing crimes, committing multiple crimes, or ganging up to commit crimes, the time for review and approval can be extended to 30 days. The People's Procuratorate shall make a decision to approve the arrest or not to approve the arrest within seven days after receiving

16875-436: The time, The Washington Post reported that apart from university students, "sixth is now the highest grade girls may attend". The Afghan Ministry of Education cited the lack of an acceptable design for female student uniforms. On December 20, 2022, in violation of their prior promises, the Taliban banned female students from attending higher education institutions with immediate effect. The following day, December 21, 2022,

17010-431: The use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission. There are three types of detention in the People's Republic of China: administrative detention (security detention), judicial detention (civil detention), and criminal detention (pre-trial detention). Refers to the most severe sanctions for general violations of

17145-572: The validity of property depends on whether the "property right" requires enforcement by the State. Different forms of "property" require different amounts of enforcement: intellectual property requires a great deal of state intervention to enforce, ownership of distant physical property requires quite a lot, ownership of carried objects requires very little. In contrast, requesting one's own body requires absolutely no state intervention. So some anarchists don't believe in property at all. Many things have existed that did not have an owner , sometimes called

17280-515: The world's best-equipped militaries"; and as an ideological insurgent movement dedicated to "bringing about a truly Islamic state" its victory has been compared to that of the Chinese Communist Revolution in 1949 or Iranian Revolution of 1979, with their "sweeping" remake of society. However, as of 2021–2022, senior Taliban leaders have emphasized the "softness" of their revolution and how they desired "good relations" with

17415-815: Was a departure from the Islamism of the anti-Soviet mujahideen rulers and the radical Islamists inspired by the Sayyid Qutb (Ikhwan). The Taliban have said they aim to restore peace and security to Afghanistan, including Western troops leaving, and to enforce Sharia , or Islamic law, once in power. According to journalist Ahmed Rashid , at least in the first years of their rule, the Taliban adopted Deobandi and Islamist anti-nationalist beliefs, and they opposed "tribal and feudal structures", removing traditional tribal or feudal leaders from leadership roles. The Taliban strictly enforced their ideology in major cities like Herat, Kabul, and Kandahar. But in rural areas,

17550-576: Was also forbidden under the six-year rule of the Taliban régime. Under the rule of the Islamic Emirate of Afghanistan, it carried the death penalty . The practice remained illegal during the Islamic Republic of Afghanistan's rule, but the laws were seldom enforced against powerful offenders and police had reportedly been complicit in related crimes. A controversy arose during the Islamic Republic of Afghanistan's rule, after allegations surfaced that US government forces in Afghanistan after

17685-467: Was based on such a corporate system. In a well-known paper that contributed to the creation of the field of law and economics in the late 1960s, the American scholar Harold Demsetz described how the concept of property rights makes social interactions easier: In the world of Robinson Crusoe , property rights play no role. Property rights are an instrument of society and derive their significance from

17820-435: Was made compulsory and those men who did not respect the religious obligation after the azaan were arrested. Gambling was banned, and the Taliban punished thieves by amputating their hands or feet . In 2000, the Taliban's leader Mullah Omar officially banned opium cultivation and drug trafficking in Afghanistan; the Taliban succeeded in nearly eradicating the majority of the opium production (99%) by 2001. During

17955-646: Was modelled on those of Abul A'la Maududi and the Jamaat-e-Islami movement. The Taliban, being largely Pashtun tribesmen, frequently follow a pre-Islamic cultural tribal code which is focused on preserving honour. Pashtunwali strongly influences decisions in regards to other social matters. It is best described as subconscious social values and attitudes which promote various qualities such as bravery, preserving honour, being hospitable to all guests, seeking revenge and justice if one has been wronged, and providing sanctuary to anyone who seeks refuge, even if it

18090-579: Was paralysed from the start, due to rival groups contending for total power over Kabul and Afghanistan. Hekmatyar's Hezb-e Islami Gulbuddin party refused to recognise the interim government, and in April infiltrated Kabul to take power for itself, thus starting this civil war. In May, Hekmatyar started attacks against government forces and Kabul. Hekmatyar received operational, financial and military support from Pakistan's ISI. With that help, Hekmatyar's forces were able to destroy half of Kabul. Iran assisted

18225-552: Was unacceptable and that therefore these statues had to be destroyed. My brother looked at them and said, this time in Pashto, 'There are still many sun- worshippers in this country. Will you also try to get rid of the sun and drop darkness over the Earth?' The Afghan custom of bacha bazi , a form of pederastic sexual slavery , child sexual abuse and pedophilia which is traditionally practiced in various provinces of Afghanistan between older men and young adolescent "dancing boys",

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