Afghanistan’s Taliban authorities have approved a new criminal code that permits husbands and fathers to physically punish their wives and children, provided the violence does not leave “broken bones or open wounds”.
The 90-page document, written in Pashto and titled De Mahakumu Jazaai Osulnama (Criminal Procedure Code for Courts), has been cleared by Taliban Supreme Leader Hibatullah Akhundzada. It has been circulated to courts across the country but has not been made public.
What does the new code allow?
Under Article 32, husbands and fathers are allowed to beat their wives and children within limits. If the assault causes visible fractures or injuries, the maximum punishment is 15 days in prison.
For a conviction, a woman must present her injuries before a judge while remaining fully covered. She must also be accompanied by a male guardian, or mahram, who may be the person accused of the abuse.
Article 34 says a married woman can face up to three months in jail if she visits her parents without her husband’s permission.
Article 9 introduces class-based distinctions in justice and curbs the rights of women and lower social groups.
A four-tier justice system
The code divides Afghan society into four categories. Punishments depend on a person’s status rather than the seriousness of the offence.
At the top are religious clerics, or mullahs. They are exempt from physical punishment and can receive only advice or a warning. Tribal elders form the second group and may receive a court summons and advice.
The third category is described as the middle class, who can face “standard imprisonment”, though the term is not clearly defined.
The lowest tier is subject to imprisonment and corporal punishment, including public flogging.
2009 law scrapped
The new code replaces the 2009 Elimination of Violence Against Women (EVAW) law passed under former president Hamid Karzai.
That law defined violence against women as a crime and covered acts that harmed a woman’s body, dignity, property or mental well-being. It listed 22 forms of violence, including forced marriage, sexual assault, beating, burning, forced prostitution, and intimidation. It also allowed for short-term imprisonment of up to three months for assault, even if there was no visible injury.
Article 4 of the 2009 law clearly stated that no one had the right to commit violence in homes, public places or institutions, and that offenders would be punished under the law.
International criticism
The new code has drawn strong global criticism. Reem Alsalem, the UN Special Rapporteur, described its implications as “terrifying” and called for it to be repealed immediately.
Human rights groups have urged the Taliban to scrap the code and restore protections for women.