Taliban Enacts Controversial Penal Code Legalising Domestic Violence

The Taliban has implemented a new penal code in Afghanistan that legalises domestic violence and introduces a strict social caste system. The 119-article document, titled De Mahakumu Jazaai Osulnama, was signed by Supreme Leader Hibatullah Akhundzada in January 2026. This move has drawn widespread condemnation from the international community, with human rights organisations expressing alarm over its implications for women’s rights.

One of the most troubling aspects of the new code permits husbands and “slave masters” to physically punish women and subordinates. According to the text, these punishments are allowable as long as they do not result in “broken bones” or “open wounds.” Even in cases of serious beatings leading to visible injuries, the maximum penalty for a husband is merely a 15-day prison sentence. This raises serious concerns about the state-sanctioned abuse of women and the inadequate legal protections available to them.

Women seeking help are placed in a precarious position, as they must present their injuries to a judge while fully veiled and accompanied by a mahram (male guardian), who is often the same abuser they are trying to report. The code also criminalises women who frequently seek refuge at their father’s home without their husband’s permission, subjecting them to a potential three-month jail sentence.

Social Caste System and Legalised Slavery

The penal code divides Afghan society into a four-tiered caste system, undermining the principle of equality before the law. The punishments for the same crime vary significantly based on an individual’s social standing:

– **Religious Scholars (Ulema)**: These individuals receive near-total immunity, facing only “advice” or a phone call for any misconduct.
– **Elites (Ashraf)**: They may receive formal warnings or court summons for their actions.
– **Middle Class**: Individuals from this group can be imprisoned for various crimes.
– **Lower Class**: They face the harshest penalties, including public flogging and corporal punishment.

Moreover, the code introduces the term “Ghulam,” which refers to slaves, and delineates the rights of “free” people versus “enslaved” individuals. This formal recognition of slavery represents a significant regression in human rights, granting “masters” broad powers to impose punishments on their subordinates.

Human rights organisations, including Rawadari and the Feminist Majority Foundation, have decried the new penal code as a “blueprint for governance through fear.” The implementation of these laws effectively overturns the 2009 Elimination of Violence Against Women (EVAW) law, which had previously offered legal protections against forced marriage and gender-based violence.

A human rights defender highlighted the severe implications of these changes: “By turning families into enforcers and women into legal dependents valued less than animals, the Taliban is not preserving culture—they are erasing it.” The enactment of this penal code signals a troubling trend in Afghanistan’s legal landscape, one that prioritises control over the welfare of its citizens, particularly women.

The international community continues to monitor developments in Afghanistan closely, as the implications of this new legislation extend far beyond national borders. As global outrage grows, the future of human rights in Afghanistan remains uncertain.