A newly introduced penal code in Taliban-ruled Afghanistan has triggered widespread concern among human rights organisations and legal experts, particularly over provisions that significantly weaken protections for women and formalise hierarchical punishments within society. The law, reportedly circulated to courts across the country, has drawn sharp criticism for equating women with “slaves” and allowing husbands or designated authority figures to administer physical punishment under certain conditions.
According to reports, the new criminal code — titled De Mahakumu Jazaai Osulnama — establishes a structured social hierarchy in which legal consequences vary depending on an individual’s status. Signed by Taliban supreme leader Hibatullah Akhundzada, the roughly 90-page document categorises society into multiple tiers, placing religious scholars at the top, followed by elites, the middle class, and the lower class. Legal penalties differ across these categories, with clerics reportedly facing only warnings or advisory measures for certain offences, while individuals lower in the hierarchy may face imprisonment or corporal punishment.
One of the most controversial aspects of the code concerns the legal treatment of women. Rights groups say the provisions place women on the same legal footing as enslaved persons, allowing husbands or “slave masters” to impose discretionary punishment, including beatings, provided they do not result in broken bones or visible open wounds. Critics argue that this effectively legalises forms of domestic violence by embedding them within judicially sanctioned disciplinary measures.
The code also distinguishes between “free” individuals and those categorised as slaves, a framework that observers say creates a rigid, caste-like system affecting both legal protections and punishments. Serious crimes are to be adjudicated by religious clerics rather than conventional correctional institutions, while lesser offences may be punished through ta’zir, a form of discretionary punishment interpreted in the context of marital relations as allowing physical discipline by a husband.
Although the law technically permits women to seek legal recourse for abuse, the procedural requirements are widely viewed as prohibitive. Women must present evidence of severe bodily harm directly before a judge while remaining fully covered and accompanied by a male guardian, or mahram — even when the accused is their own husband. Legal advisers have described the process as extremely difficult to navigate, noting cases in which complaints were rejected because women could not meet these conditions.
Under the new framework, even when a woman successfully proves serious assault, the maximum penalty reportedly available against a husband is limited to 15 days of detention. Human rights experts have pointed out that the code does not explicitly criminalise or condemn physical, psychological, or sexual violence against women, marking a significant departure from earlier Afghan laws enacted under the previous government, which had criminalised forced marriage, rape, and various forms of domestic abuse.
Additional provisions have raised alarm among advocacy groups. Article 34 reportedly states that a woman who repeatedly leaves her husband’s home without permission and seeks refuge with relatives can face imprisonment, along with family members who shelter her. Rights organisations warn that such rules may deter victims of domestic violence from seeking safety and could expose relatives to legal punishment for offering assistance.
Reports indicate that many Afghans are reluctant to discuss the code publicly due to fear of retaliation, with a separate directive allegedly discouraging open criticism or discussion of its contents. The rapid distribution and implementation of the law have created uncertainty regarding legal protections, particularly for women and individuals belonging to lower social strata who may face harsher penalties under the hierarchical system.
Legal analysts and human rights organisations argue that while some provisions draw on historical interpretations of Islamic jurisprudence, the explicit codification of social hierarchy and gender-based disciplinary measures represents a sharp regression from previous legal standards. Critics warn that the penal code institutionalises discrimination and significantly reduces safeguards for vulnerable groups, intensifying concerns about human rights and access to justice under Taliban governance.
