Taliban, Feb 21 : Afghanistan’s Taliban authorities have enacted a new criminal code that allows husbands and fathers to physically punish their wives and children, provided the violence does not cause “broken bones or open wounds.” The 90-page code, titled De Mahakumu Jazaai Osulnama (Criminal Procedure Code for Courts), has been approved by Supreme Leader Hibatullah Akhundzada and distributed to courts nationwide, though it has not been made public.
Under Article 32, husbands and fathers can beat their wives and children within specified limits, with punishments up to 15 days in prison if visible injuries occur. For a conviction, women must present evidence of injuries while fully covered and accompanied by a male guardian, who may be the accused. Article 34 stipulates that a married woman can face up to three months in jail for visiting her parents without her husband’s permission. Article 9 introduces class-based distinctions, curbing the rights of women and lower social groups.
The code establishes a four tier justice system: religious clerics are largely exempt from punishment, tribal elders may receive court warnings, the middle class faces undefined imprisonment, and the lowest tier can be subjected to imprisonment and corporal punishment, including public flogging.
The law replaces the 2009 Elimination of Violence Against Women (EVAW) Act, which criminalized domestic abuse and protected women from forced marriage, sexual assault, and other forms of violence. The EVAW Act imposed penalties for violence even without visible injuries, emphasizing protection of women’s dignity and safety.
The new criminal code has drawn sharp international criticism. Reem Alsalem, UN Special Rapporteur, described its provisions as “terrifying” and urged the Taliban to repeal it immediately. Human rights groups have similarly called for restoring protections for women in Afghanistan.