ISLAMABAD: An Afghan human rights organization has warned that a new penal code issued for courts run by the Taliban legitimizes violence against women and children, institutionalizes discrimination, and strips defendants of basic legal protections.
According to a report by AMU, an independent news organization based in Virginia, United States, the group Rawadari said it obtained a copy of the “Penal Principles of Taliban Courts,” a document it said was violence against women signed by Taliban leader Hibatullah Akhundzada and circulated to judicial institutions across Afghanistan for implementation.
Rawadari said the document consists of three sections, 10 chapters and 119 articles, and is in clear conflict with international human rights standards and fundamental principles of fair trial.
In a statement, the organization said the code formally legalizes discrimination, suppresses basic freedoms, and enables arbitrary arrest and punishment. It said the provisions fail to recognize key legal safeguards, including the right to legal counsel, the presumption of innocence, the right to remain silent, protection against arbitrary detention, and the right to an effective defense.
Rawadari said the code relies primarily on confessions and witness testimony to establish criminal responsibility and does not provide for independent investigations. The group warned that the approach could increase the risk of torture, coercion and abuse.
The organization also raised concerns about provisions affecting children, saying the code does not explicitly prohibit violence against minors and, in some cases, permits corporal punishment. It cited Article 48, which it said allows a father to punish a 10-year-old son for reasons described as being in the child’s “interest.”
Rawadari said the code also contains provisions that narrowly criminalize domestic violence against women. Under Article 32, it said, a husband’s use of force against his wife is considered a crime only if beatings with a stick result in severe injuries and can be proven before a judge, with a maximum penalty of 15 days in prison.
Other forms of abuse, including psychological and sexual violence, are not explicitly prohibited, the organization said. It added that another article allows disciplinary punishment by a “husband” or “master,” which it warned could legitimize domestic violence.
The group also cited provisions it said discriminate against religious minorities, labeling followers of the Hanafi school of Islam as Muslims while describing adherents of other sects and beliefs as “deviants.” Rawadari said such classifications could expose Shi’ites, Ismailis, Salafis, Sikhs, and Hindus to arbitrary prosecution.
Rawadari urged the Taliban to immediately suspend implementation of the code and called on the United Nations and the international community to use available legal mechanisms to prevent its enforcement. It said it would continue monitoring the conduct of the Taliban and publish regular findings.
The Taliban have not publicly commented on the report. They have previously said their laws and policies are based on their interpretation of Islamic law.
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