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Afghanistan’s Taliban government has promulgated a sweeping penal code that codifies severe punishments and deepens legal discrimination, especially against women, rights advocates say.
Under the decree — circulated within the country after being leaked and translated by local rights groups — sodomy is punishable by death, and husbands may physically assault their wives so long as the violence does not result in broken bones, open wounds or lasting visible injuries.
The code stipulates that if a husband injures his wife seriously enough to leave visible marks, and the woman manages to bring her case before a judge, the husband may face a maximum of 15 days’ imprisonment. Women seeking justice must first prove the harm in a court setting that human rights activists say offers little real protection.
Human rights campaigners have sharply criticised the measures as “devastating” for women’s rights and legal protections. Mahbouba Seraj, a Kabul-based rights activist, told reporters that the provisions effectively grant men “the right to rule completely the women… his word is the word of law.”
The decree also includes other punitive rules, such as jailing women for up to three months if they visit a relative’s home without a husband’s permission, and a range of capital offences defined broadly under the code.
UN rights officials have condemned the new legal framework as a violation of Afghanistan’s international obligations and a further erosion of fundamental freedoms. The UN High Commissioner for Human Rights Volker Türk said aspects of the decree would “legitimise violence against women and children” and expand the number of offences carrying the death penalty — a move characterised by critics as deepening repression.
The Taliban has not publicly responded in detail to international criticism, but officials have historically defended such laws as consistent with their interpretation of Islamic Sharia and as internal matters.
The new penal code marks one of the most controversial legal changes since the Taliban’s return to power in 2021, at a time when the country already faces widespread concerns over gender segregation, limitations on girls’ education, and restrictions on women’s participation in public life.
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Oyetoke Adedayo Ebenezer
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