Taliban’s new penal code legalises domestic violence, alter justice system and curtails women’s rights | World News

The Taliban has introduced a controversial new 90-page criminal code that critics say effectively legalizes domestic violence and entrenches systemic inequality in Afghanistan’s justice system. The law, signed by the group’s religious leader Hibatullah Akhundzada, was harshly condemned by human rights organizations and international observers.

Under the new laws, husbands are allowed to physically punish their wives and children as long as the violence does not result in “broken bones or open wounds.” According to NDTV, in such cases, which the law defines as “obscene force”, perpetrators face a maximum jail term of 15 days and only if the victim proves the abuse in court.

Women seeking justice must present physical evidence of harm before a judge, fully covered, and must be accompanied by their husbands or a male guardian. Advocates say these procedural requirements make it extremely difficult for victims to pursue legal recourse.

In addition to sanctioning limited forms of domestic violence, the law also imposes new restrictions on women’s freedom of movement. Married women can be sentenced to up to three months in prison for visiting their relatives without their husband’s permission.

A new social hierarchy in justice

Article 9 of the law establishes a four-tiered social classification of Afghan society: religious scholars (ulama), elite (sraf), middle class, and lower class. In this system, the severity of punishment for a particular crime is determined by the social status of the perpetrator rather than the seriousness of the crime.

According to NDTV, under this law, Islamic religious scholars face nothing but advice for their misdeeds, while elites receive subpoenas and guidance. Members of the middle class could be imprisoned, while those from the lower class could face both imprisonment and corporal punishment.

More importantly, corporal punishment for serious crimes will be administered by Islamic clerics rather than official correctional institutions, further blurring the distinction between religious authority and the judiciary.

Rollback of previous protections

The new criminal law repeals the 2009 Prevention of Violence Against Women Act (EVAW), which was enacted under the former US-backed Afghan government to provide legal protection against gender-based violence. Critics argue that scrapping EVAW eliminates one of the few official avenues available to women to fight against harassment and seek justice.

International reaction and fear of retaliation

Human rights organizations condemned the changes, warning that the law legitimizes abuse and marginalizes women and children. Rawadari, an Afghan rights group operating in exile, called on the United Nations and other international organizations to halt the implementation of the criminal procedure code and use “all legal means” to prevent its implementation.

According to reports, many Afghans are afraid to criticize the law publicly, as the Taliban has ruled that even discussing the law is a crime in itself.

Reem Alsalem, the UN Special Rapporteur on violence against women and girls, described the implications of the new law as “simply appalling” and said the Taliban appeared confident that there would be little resistance to its implementation.

He wrote of X: “Will the international community prove them wrong? If so, when?”