The Taliban has introduced a new criminal code that institutionalizes some of its most regressive practices, further entrenching systemic discrimination and eroding the rights of women in Afghanistan, The Independent reports. Endorsed by the group’s supreme leader, Hibatullah Akhundzada, the 90-page document redefines the country’s judicial framework through provisions rooted in an antiquated interpretation of Islamic jurisprudence.
Circulated to courts under the title De Mahakumu Jazaai Osulnama, the code establishes a tiered social order under which penalties vary according to an individual’s perceived class status. Religious scholars and clerics occupy the highest position in this hierarchy, enjoying near-total immunity from prosecution. Conversely, those considered members of the lower classes, including laborers and women, face the most severe forms of corporal punishment.
Several clauses equate women with “slaves,” granting husbands or masters the authority to impose discretionary punishment, including beatings, under the concept of ta’zir. Although the code formally permits women to file complaints of assault, it imposes extraordinary barriers to doing so. Female plaintiffs must present physical evidence of injury before a judge while remaining fully veiled and accompanied by a male guardian, even when the alleged perpetrator is that same guardian. Such regulation makes it just about impossible for women to prove that they have suffered “serious bodily harm” as they are restricted from being able to show their wounds.
A legal adviser based in Kabul, speaking to The Independent on condition of anonymity, described the process as “extremely lengthy and difficult.” She cited the case of a woman who was beaten by a Taliban prison guard during a visit to her detained husband. Authorities refused to register her complaint because her male chaperone—her husband—was unable to attend the hearing because he was behind bars. The adviser recalled that the woman, in despair, declared publicly that “death would be preferable to this ordeal.”
Following criticism of the code by activists abroad, the Taliban reportedly issued an additional decree warning that even public discussion of the legislation constitutes an offence. This has created an atmosphere of widespread fear, discouraging both private citizens and legal professionals from expressing dissent.
The enactment of this code marks a profound regression from the progress achieved under Afghanistan’s previous, NATO-backed administration, which had introduced legal protections against forced marriage, rape, and domestic violence, according to The Independent. Previously, perpetrators of such crimes faced imprisonment for several months or up to a year. Under the Taliban’s framework, however, the maximum penalty for a husband convicted of assaulting his wife is limited to fifteen days of detention. The new code omits any explicit prohibition of sexual, physical, or psychological abuse against women, according to human rights experts who told the outlet.
Human rights organization Rawadari, which monitors developments in Afghanistan from exile, condemned the legislation for criminalizing women who flee abusive homes. Article 34 of the code stipulates that a woman who repeatedly visits her parents or relatives without her husband’s consent—and relatives who shelter her—may be sentenced to up to three months in prison. According to Rawadari, this provision effectively eliminates one of the few remaining avenues of refuge for women escaping domestic violence.
Shaharzad Akbar, executive director of Rawadari, stated that the code consolidates the power of religious authorities, granting them broad discretion to interpret the law while shielding them from accountability. The penal system now differentiates penalties by social standing rather than the nature of the offence: clerics receive advisory reprimands, elites face minimal sanctions, members of the middle class risk imprisonment, and the lower classes are subject to both incarceration and corporal punishment.
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