The Taliban has introduced a new criminal procedure code in Afghanistan that rights groups say effectively permits many forms of domestic violence against women and children, while also expanding repression, weakening fair trial protections, and formalising discrimination.
The code, signed by Taliban leader Hibatullah Akhundzada on 7 January and sent to provincial courts for implementation, has been described by legal observers and human rights organisations as one of the clearest examples yet of how the Taliban is reshaping Afghanistan’s legal system since returning to power in 2021.
At the centre of the criticism are provisions dealing with violence inside the home. According to reports citing the Afghan rights group Rawadari, the code allows husbands to “physically punish” their wives as long as the beating does not cause broken bones or open wounds. Criminal liability is limited mainly to severe physical injury, and even then the punishment may be minimal.
Rights advocates say this creates a legal framework in which abuse is not truly prohibited, but merely regulated to a level the authorities consider acceptable.
The same concerns apply to children. Critics say the code appears to ban only forms of physical punishment that cause major visible injuries, while failing to clearly prohibit other forms of abuse, including psychological and sexual violence. One reported provision allows fathers to physically punish boys over the age of 10, including for failing to perform prayers.
Human rights groups argue that, in practice, the barriers to justice are even more severe than the wording itself. Women are expected to prove abuse in court, but under Taliban restrictions they face major obstacles in movement, testimony and access to institutions. In many cases, they are unable to seek protection without the permission or presence of male guardians — who may themselves be the abusers.
Another provision has caused particular alarm among activists working on women’s safety. Reports indicate that women can face imprisonment for visiting relatives without a husband’s permission or for refusing to return home. Relatives who shelter them may also be punished.
For rights organisations, this is a critical issue. In a country where formal protections for women fleeing abuse have already been dismantled, family networks are often the only remaining means of escape. If those relatives can now be prosecuted, the result is likely to be even greater isolation for victims of domestic violence.
The code has also been criticised for broadening powers of punishment and social control beyond the state. Legal commentators say some provisions allow individuals to punish others for conduct deemed sinful, creating scope for vigilante enforcement. Other clauses reportedly require citizens to inform authorities about opposition activity, with prison terms for those who fail to do so.
Critics say such rules blur the line between policing and private coercion, and may encourage fear, denunciation and arbitrary punishment.
Further concern comes from provisions relating to dissent. Observers say the code includes punishments for those labelled “rebels” or those accused of insulting Taliban leaders. Rights groups fear these measures could be used widely against political opponents, journalists, and anyone seen as critical of Taliban rule.
Beyond violence and repression, the code has also been criticised for embedding social and religious inequality into law. According to Rawadari and other analysts, the text uses language distinguishing between “free” persons and “slaves”, and appears to allow different punishments depending on social status. Religious scholars may receive leniency, while lower-status individuals may face harsher penalties, including corporal punishment.
Legal observers say this represents a direct move away from the principle of equality before the law.
There are also reports of sectarian discrimination. Critics say the code recognises only followers of the Hanafi school as legitimate Muslims in full legal terms, while describing others in derogatory language. Such provisions, they argue, deepen religious exclusion in a country where civic space has already narrowed sharply.
Perhaps most troubling for legal experts is what the code omits. Rights groups say it does not clearly guarantee basic due process rights such as access to a lawyer or the right to remain silent. They also warn that confessions and witness statements are treated as central evidence without adequate safeguards, increasing the risk of coercion, torture and wrongful convictions.
For many Afghan and international rights advocates, the issue is therefore larger than any single clause. They argue that the code marks another stage in the dismantling of legal protections that existed under previous Afghan governments, including laws that criminalised forced marriage, rape and gender-based violence.
Since the Taliban takeover in 2021, women and girls in Afghanistan have already faced sweeping restrictions on education, employment, travel, public presence and daily life. The new code, critics say, takes that system further by translating social repression into courtroom procedure and criminal enforcement.
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