In a move that has sparked international outrage, the Taliban government in Afghanistan has issued a new 90-page criminal code that effectively legalizes domestic violence. According to a report by the British newspaper The Independent, the new law permits husbands to physically punish their wives and children, provided the abuse does not result in “broken bones” or “visible open wounds.”
The new penal code, titled ‘The Mahakumu Jaza-i Usulnama’ (Criminal Procedural Regulations for Courts), was signed into law by the Taliban’s supreme leader, Hibatullah Akhundzada. The document, written in Pashto, has already been distributed to courts across the country.
Limited Punishment for ‘Excessive Force’
Under the new regulations, a husband will only face legal consequences if he uses “excessive force” that leads to fractures, serious injury, or significant bruising. Even in such cases, the punishment is remarkably lenient—a maximum of 15 days in prison.
However, obtaining even this minimal justice remains nearly impossible for Afghan women. To convict an abusive husband, the wife must:
- Successfully prove the abuse in a court of law.
- Show her injuries to a judge while remaining in a full hijab.
- Be accompanied to court by the husband (the alleged abuser) or another adult male guardian (mahram).
Class-Based Justice and Slavery
The code further institutionalizes inequality by dividing Afghan society into four distinct social classes:
- Ulama (Religious Scholars)
- Ashraf (Elites)
- Middle Class
- Lower Class
Punishments for the same crime will now vary based on the offender’s social standing rather than the severity of the act. Additionally, the code repeatedly uses the term “slave,” effectively legitimizing a form of modern slavery and assigning different legal protections based on whether a person is “free” or “enslaved.”
Restricting Women’s Movement
The law also tightens the noose on women’s autonomy. A married woman can now be sentenced to up to three months in prison if she visits a relative’s home without her husband’s explicit permission.
Human rights organizations have condemned the code, stating it reduces women to “property” and dismantles the 2009 Law on the Elimination of Violence Against Women (EVAW). This latest decree adds to a long list of restrictions that have already banned women from education, most workplaces, and public parks since the Taliban took power in 2021.
