Afghanistan’s Taliban authorities enacted a new penal code that has ignited widespread international condemnation for its provisions legalizing domestic violence and further entrenching gender-based discrimination.
The 90-page document, titled the “Criminal Procedure Code for Courts” (De Mahakumu Jazaai Osulnama), was signed by Taliban Supreme Leader Hibatullah Akhundzada on January 7, 2026, and circulated to provincial courts for immediate implementation. This code effectively abolishes the 2009 Law on the Elimination of Violence Against Women (EVAW), which was established under the previous U.S.-backed government, replacing it with a framework that critics argue normalizes abuse and treats women as subordinates akin to property.
Domestic Violence Is Allowed Except Broken Bones: 15 Days Jail If the Husband Breaks Bones of Wife
The code permits husbands and fathers to administer physical punishment to their wives and children, classified as “ta’zir” or discretionary discipline, provided it does not result in broken bones, open wounds, or visible bruising. In cases where visible injuries occur, the maximum penalty for the perpetrator is limited to 15 days’ imprisonment. Women seeking to prove abuse in court face significant barriers: they must appear fully covered and accompanied by a male guardian, while bearing the full burden of proof. The code does not explicitly prohibit other forms of violence, such as psychological or sexual abuse, further exacerbating concerns about the protection of women and children under Taliban rule.
Going Out of Home Without Husband’s Permission is Criminal Offense
Beyond domestic violence, the penal code imposes additional restrictions on women’s autonomy. It criminalizes women leaving their homes without a husband’s permission or visiting relatives unaccompanied, with penalties ranging up to three months’ imprisonment. These measures build on the Taliban’s broader pattern of curtailing women’s rights since their return to power in 2021, including bans on higher education for girls, restrictions on employment, and prohibitions on women’s voices in public spaces under related “vice and virtue” laws. Human rights advocates have described these policies as institutionalizing systematic repression, leaving women vulnerable to ongoing abuse within their homes and society at large.
Caste System’s Introduction
A particularly alarming aspect of the code is its introduction of a hierarchical social structure, dividing Afghan society into four classes: religious scholars (ulama), elites, the middle class, and the lower class. Punishments for offenses vary based on an individual’s status, with religious scholars and elites often receiving minimal consequences—such as verbal admonitions—while lower-class individuals, including many women, face harsher outcomes like imprisonment or corporal punishment. The code equates husbands with “slave masters” in authorizing discretionary punishment over wives, effectively positioning women as property and legalizing elements of servitude. This caste-like system has been criticized for undermining equality before the law and perpetuating impunity for those in positions of power.
Global Reactions
The enactment of this penal code has provoked a storm of criticism on social media and from international bodies. UN Special Rapporteur on violence against women and girls, Reem Alsalem, has described its implications as “terrifying” for women and girls. Organizations such as Amnesty International and the Georgetown Institute for Women, Peace and Security have highlighted how the code formalizes gender apartheid and slavery-like conditions, urging global action to address these human rights violations. Afghan women living under Taliban rule have reported increased fear and silencing of dissent, with the international community’s response so far limited despite repeated calls for intervention.
As Afghanistan remains largely isolated from the global community, this law is adding further concerns to the ongoing erosion of women’s rights and the urgent need for sustained advocacy.
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