The Taliban has approved a new criminal procedure code in Afghanistan that legal experts and human rights organisations say removes basic legal protections and creates a deeply unequal justice system based on gender, religion and social status.
The law, signed by Taliban leader Hibatullah Akhundzada, formally recognises different social classes and applies different punishments for the same offences. Rights groups warn that it also treats slavery as a legitimate legal category, something banned under international law.
The new code contains 119 articles and divides Afghan society into four groups: religious scholars, elites, middle class citizens and lower-class citizens. According to the Afghan human rights group Rawadari, punishments vary sharply between these groups. A religious cleric may receive advice for an offence, while a person from a lower class could face prison and physical punishment for the same act.
The law’s wording distinguishes between “free persons” and “slaves” when describing penalties. Legal experts say this language amounts to official recognition of slavery, raising serious alarm among international observers.
Some offences carry harsh punishments. Insulting a Taliban official may result in up to 20 lashes and six months in prison. Leaving the Taliban-approved Hanafi school of Islamic law can lead to imprisonment. Analysts speaking to Afghan media outlets report that women who leave Islam and later return could face life sentences combined with repeated corporal punishment.
The code also limits penalties for domestic abuse. A husband who severely beats his wife may face no more than 15 days in jail, even when injuries such as broken bones are proven.
The law removes many basic legal rights, including access to a lawyer, the right to remain silent and the ability to seek compensation for wrongful punishment. It places heavy emphasis on confessions and witness testimony and removes requirements for independent investigations.
The use of corporal punishment is expanded, and vague offences such as “dancing” or attending “corrupt gatherings” are introduced. Rights organisations warn that these unclear definitions give authorities wide power to detain and punish people arbitrarily, increasing the risk of abuse and torture.
United Nations officials have condemned the law and described it as part of a broader system of “gender apartheid”.
Since returning to power in 2021, the Taliban has banned girls from secondary schools and universities, barred women from most employment and enforced strict dress codes. Women are also prohibited from parks, gyms and beauty salons.
Former UK Prime Minister Gordon Brown, now a UN special envoy, has warned that these policies may amount to crimes against humanity. He has pointed to internal disagreements within the Taliban, particularly over women’s education, which have reportedly forced some senior officials to leave Afghanistan.
Journalists and activists continue to face arrest. Reports include the detention of female journalists and the imprisonment of women who attempted to run sports facilities for women, with some releases occurring only after international intervention.
The International Criminal Court issued arrest warrants in July last year for Akhundzada and senior Taliban official Abdul Hakim Haqqani on charges related to gender-based persecution.
Despite this, several countries have strengthened diplomatic engagement with the Taliban. Russia has fully restored relations without demanding human rights commitments, while China and India have increased official ties. Some European countries have expanded cooperation on deportations, a move critics say indirectly legitimises Taliban rule.
In the United States, lawmakers have passed legislation aimed at preventing American tax funds from benefiting the Taliban, amid concerns that humanitarian aid has indirectly supported the regime since the US military withdrawal.
Meanwhile, informal education efforts continue inside Afghanistan. In areas such as the Panjshir Valley, secret home schools and radio programmes are helping educate girls and mothers. Some families are sending girls abroad for schooling, despite increasing pressure on refugees to return.
Recent reports suggest growing divisions within the Taliban leadership itself, with senior figures reportedly pushing competing visions for Afghanistan’s future.
Adapted from The Christian Post.
