Recently, Hibatullah Akhundzada, the Taliban’s supreme leader, sanctioned a new criminal law that has been reported by various media outlets. This law significantly broadens men’s legal rights to inflict physical violence on women and children, and it could potentially establish a formal hierarchy of “slaves” within Afghanistan.
The Taliban, recognized as an extremist Islamic organization, has been governing Afghanistan since regaining power on August 15, 2021. This shift occurred after President Joe Biden opted to extend U.S. involvement in Afghanistan beyond an earlier set deadline established by his predecessor, Donald Trump. The Taliban’s resurgence led to a tumultuous exit for many Afghans who sought to escape government persecution and the enforcement of strict measures that stripped women and girls of their rights.
According to reports, the Taliban has drafted a lengthy 90-page criminal code, likely issued as a decree at the end of January. However, there’s no indication that the public had any role in the creation or discussion of this code before it was enforced.
Additional insights from various sources suggest that the law divides Afghans into categories of “free” and “slave,” each facing different legal consequences. Although it may not overtly label all women as “slaves,” certain aspects of the legislation seem to treat women distinctly from male citizens.
Under this new legislation, men can inflict physical punishment on women and children within their households, provided they avoid causing serious injuries like broken bones. Moreover, women are compelled to conceal any injuries they might have received, which effectively eliminates their ability to report severe physical abuse.
“Women must present their injuries to a judge to prove they’ve endured significant harm and are also required to keep their bodies covered,” notes a report. “Additionally, it is mandatory for them to be accompanied by a male relative when going to court, which is ironic since many offenders are often their husbands.”
Under this new code, men found guilty of severe physical abuse face a maximum of 15 days in jail, while women accused of simply visiting family without their husband’s consent can be imprisoned for up to three months. This includes women escaping from abusive situations.
A leading Afghan news outlet reported that shortly after the Taliban took control, they began to intimidate journalists and media entities. In their discussions about the new Penal Code, the outlet highlighted issues surrounding free speech and the enforcement of strict interpretations of Islamic law.
“Article 22 of the Code stipulates that failing to show respect to the leaders of the regime or cooperating with dissidents can lead to punishments ranging from flogging to several years in prison,” the report mentions.
The law also grants the Ministry of Promotion of Virtue and Prevention of Vice the authority to oversee social conduct and report any breaches that could trigger judicial scrutiny.
Human rights advocates have swiftly denounced this latest legal move by the Taliban, emphasizing the urgent need for international focus on the escalating rights violations in Afghanistan.
“This is more than just discrimination,” said an unnamed activist. “It represents a calculated legal strategy to manipulate society by categorizing individuals into groups that are treated differently.”
Experts have pointed out that this code was announced without any transparency or public discussion, highlighting the troubling use of the term “slave” for specific groups in Afghanistan.
“The penalties are contingent on one’s classification, fostering a system of inequality that undermines equal legal protection,” they explained. “Generally, marginalized individuals face harsher consequences, while those in power often escape serious repercussions. The term ‘slave’ appears repeatedly in the legislation, which clearly differentiates between ‘free’ persons and ‘slaves’.”
The regulations extend to prohibiting not only the watching of dancing but also the act of dancing itself, report sources.
Given the unclear trajectory of these legal changes, international reactions have been limited. Richard Bennett, the chief UN special rapporteur on Afghanistan, described the code as “deeply troubling,” though he acknowledged that discussions were still ongoing.
Prior to this law, the Taliban had taken measures to effectively marginalize women from public life. Their enforcement led to women being required to wear burqas and forbade them from leaving home without male escorts. As of August 2024, these restrictions extended to limiting women’s visibility and even voice in public.
Reports indicated that the Taliban had deemed “a woman’s loud voice” as inappropriate. Furthermore, drivers have been mandated to refrain from transporting adult women without a legal male guardian.
The Deputy Ministry of Virtue has expressed disapproval of women appearing in public, asserting that “scholars agree that women should cover their faces,” reinforcing the notion that a woman’s appearance diminishes her value in the eyes of men.
Additionally, access to education for girls has been prohibited, with estimates indicating that 1.4 million girls in Afghanistan have been denied secondary education opportunities since 2021.
