New code prioritises social control over individual rights
The Taliban in Afghanistan have officially adopted a new criminal code that enforces strict social controls, prioritises patriarchal and ideological norms, and provides limited protection for individual rights. The law disproportionately affects women, restricting their movement, relationships, family decisions, and personal beliefs.
Women face imprisonment for visiting family
Article 34 severely limits women’s freedom of movement. Under this article, a married woman can face up to three months in prison if she stays at her birth family’s home without her husband’s permission or a “Sharia-justified reason.” Even family members can face criminal charges if they fail to return the woman following a judicial order. This effectively makes married women legal minors, unable to independently decide where to live.
Spousal abuse punished lightly
Article 32 addresses spouse abuse, allowing husbands who physically harm their wives to serve only 15 days in prison, provided the wife can prove the assault in court. Severe physical abuse, including visible fractures, bruises, or wounds, attracts minimal penalties. By contrast, minor physical contact between unrelated men and women under other Taliban rules can result in one year in prison, highlighting the disparity in enforcement.
Routine social behaviour criminalised
Article 37 criminalises ordinary social interactions. Un-Islamic contact between unrelated men and women – such as touching hands, embracing, or kissing – can lead to one year in prison. Inappropriate gazes, comments about women’s appearance, or questions about their personal lives can also result in up to one month in jail.
Draconian punishments for apostasy
Article 58 targets women who abandon Islam, sentencing female apostates to life imprisonment with 10 lashes every three days until repentance. Male apostates, however, have up to three days to repent before facing execution under Hanafi law. This illustrates clear gender discrimination in the legal system.
Punishments vary by social class
Article 9 establishes a hierarchy of punishments based on social class, inspired by religious rulings from the Mughal Emperor Aurangzeb. Intellectuals and the upper class may receive warnings, merchants are reprimanded, the middle class faces detention, and the lower class – including dependent women – can be imprisoned and subjected to up to 39 lashes.
Capital punishment for “public interest” crimes
Article 14 permits the death penalty for offenses considered against “public interest,” including spreading corruption, practising sorcery, defending “un-Islamic” beliefs, or committing repeated moral crimes like theft or sodomy. Women are particularly affected in moral cases.
Article 60 further allows execution for habitual same-sex acts with approval from senior religious authorities. Vague definitions of “corruption” and “false beliefs” give Taliban officials broad discretion to punish dissent, nonconformity, or religious deviation with capital sentences.
Financial dependence enforced by law
Article 55 enforces financial dependence by punishing men who fail to pay legally mandated maintenance. Women, presumed dependents under Islamic law, are directly affected, reinforcing their legal and financial dependence on male relatives.
System leaves women vulnerable
The new criminal code reflects a legal system focused on controlling social behaviour, restricting personal freedoms, and providing minimal protection against domestic violence. Observers warn that women’s rights, personal safety, and social autonomy are likely to be severely undermined under these measures.
Source: The Sunday Guardian
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