Taliban legalises domestic punishment under new penal code, rights groups warn of grave threat to women and children
The Taliban has formally introduced a new penal code that allows husbands to physically punish their wives and children, provided the abuse does not result in broken bones or open wounds, triggering sharp criticism from human rights groups and United Nations officials.
The 90-page code was signed into law by the group’s supreme leader, Hibatullah Akhundzada, and represents one of the most sweeping legal changes since the Taliban returned to power in Afghanistan.
Under the new provisions, a husband who uses what the code describes as “disciplinary” force against his wife or children faces criminal punishment only if the violence leads to visible fractures or serious injuries. Even in such cases, the maximum penalty is 15 days in prison.
The law further places a heavy burden on victims. A woman seeking justice must personally prove the abuse in court. In addition, court appearances must be made while fully covered and accompanied by either her husband or a male chaperone.
At the same time, the code introduces harsh penalties for women who violate family restrictions. A married woman who visits relatives without her husband’s permission can be jailed for up to three months.
Class-based justice system introduced
Beyond domestic relations, the new penal framework establishes a class-based legal structure that divides Afghan society into four social categories: religious scholars, the elite, the middle class and the lower class.
Under the system, punishment for the same offence is no longer primarily determined by the severity of the crime, but by the social status of the person accused.
Religious scholars who break the law are to receive only advice. Members of the elite are summoned and advised in court. Middle-class offenders may face imprisonment, while individuals from the lower class can be subjected to both imprisonment and corporal punishment.
Human rights defenders say the structure entrenches discrimination and formally institutionalises inequality before the law.
2009 women’s protection law scrapped
The new penal code also abolishes the landmark 2009 Law on the Elimination of Violence Against Women, which had been enacted under the former, US-backed government in Afghanistan.
That law had criminalised several forms of abuse and harmful practices targeting women and girls, including forced marriage and domestic violence.
Rights organisations say its removal leaves women without any meaningful legal protection against abuse inside the home.
Public discussion of the code criminalised
In a further move that has alarmed civil society groups, the Taliban has reportedly issued a ruling making it an offence to publicly discuss or criticise the new penal code.
Activists say the restriction has created a climate of fear, preventing victims and legal experts from speaking out, even anonymously.
Calls for urgent international intervention
Human rights organisation Rawadari, which operates from exile, has urged the United Nations and international partners to immediately intervene to halt the implementation of the new legal framework.
The group called on global institutions to use all available legal and diplomatic mechanisms to prevent the code from being enforced, warning that it places women and children at severe risk.
The UN Special Rapporteur on violence against women and girls, Reem Alsalem, described the new law in stark terms.
Writing on X, Alsalem said the implications of the penal code for women and girls were “simply terrifying,” and questioned whether the international community would take decisive action to challenge the Taliban’s expanding restrictions.
Since regaining power in 2021, the Taliban has steadily dismantled legal and social protections for women, barring girls from secondary and higher education, restricting women’s employment and limiting their freedom of movement.
Observers warn that the newly adopted penal code marks a significant escalation, not only by weakening protections against domestic abuse, but by embedding gender discrimination and social hierarchy directly into Afghanistan’s criminal justice system.
