Published: 05 December 2025. The English Chronicle Desk. The English Chronicle Online
Afghanistan’s new penal code, published by the Taliban and signed by supreme leader Hiibatullah Akhundzada, has raised alarm internationally for embedding some of the most regressive practices into law, particularly against women. The 90-page De Mahakumu Jazaai Osulnama effectively enshrines a legal system in which men, including husbands, are granted broad authority over women, equating them with “slave masters” and allowing corporal punishment under state-sanctioned frameworks.
Human rights advocates warn that the code represents a sharp rollback of the gains made under Afghanistan’s previous NATO-backed government. Women now face almost insurmountable barriers to justice, even in cases of assault by spouses or male relatives. While provisions technically allow women to report serious bodily harm, the process is fraught with obstacles. Victims must prove injuries in court while remaining fully covered and must be accompanied by a male guardian — often the husband or a male relative, who may be the perpetrator.
Legal advisers working in Kabul report that women are now subjected to an “extremely lengthy and difficult” process to obtain redress. One recent case involved a woman beaten by a Taliban guard during a prison visit. Authorities dismissed her complaint because she was not accompanied by a male chaperone, despite the chaperone being unavailable due to incarceration. “She cried and shouted in the public that death is better than the process she is going through,” the adviser said, highlighting the systemic barriers to justice.
The code enshrines a hierarchy of punishment based on social status, creating a caste-like system. Religious scholars or mullahs at the top enjoy near-immunity from prosecution, while the working classes face the harshest penalties. Women, under these rules, are positioned alongside slaves, legally subjected to beatings by husbands or other male figures with discretionary authority. Corporal punishments for serious crimes are to be carried out not by law enforcement but by Islamic clerics, further entrenching the role of religious elites in the judicial system.
Even protections that existed previously have been dramatically reduced. Under the former Afghan administration, domestic violence could lead to imprisonment ranging from three months to one year. Under the new penal code, a husband found guilty of serious assault can face a maximum of just 15 days behind bars. Experts note that the code neither explicitly condemns nor prohibits physical, psychological, or sexual violence against women, signaling a profound erosion of legal safeguards.
Other provisions reinforce women’s subjugation by restricting their movements and autonomy. Article 34 criminalises women who leave their husband’s home to seek refuge with family without permission, with penalties extending to the women’s relatives. Human rights organisations warn that this effectively eliminates the only remaining protective networks available to women fleeing domestic abuse.
Shaharzad Akbar, executive director of Rawadari, an exiled human rights group monitoring the Taliban regime, stated that the code grants sweeping immunity to mullahs while holding women, girls, and minorities accountable under strict interpretations of religious law. She warned that it consolidates a legal system in which social hierarchy dictates punishment, perpetuating gender oppression and allowing systemic abuse to continue with impunity.
The penal code has also created a climate of fear around public discussion. Activists both inside and outside Afghanistan report that even talking about the law can be treated as a punishable offence. This has stifled dissent and silenced those attempting to advocate for women’s rights, making the pursuit of justice nearly impossible in practice.
For Afghan women, the new law signals a stark reversal of progress in education, civil rights, and legal protection, exposing them to ongoing domestic violence, economic disenfranchisement, and systemic marginalisation. Experts warn that, unless international and local advocacy can exert pressure, the penal code could entrench patriarchal and extremist practices for years to come.
The publication of the Taliban’s penal code marks a critical moment in Afghanistan’s history — one that reflects not only a legal framework grounded in extreme conservatism but also a broader societal regression, where women’s rights, autonomy, and safety are systematically undermined under state law.
