New Taliban criminal code threatens women, minorities

Submitted by Jurist on Sun, 03/08/2026 - 03:55

Amnesty International on March 6 condemned the recently adopted "Criminal Procedure Regulation of the Courts" (De Mahakumu Jazaai Osulnama) in Afghanistan, saying that the legislation is regressive in nature and violates the rights of women, girls and minority groups in the country.

Commenting on the severity of human rights violations effectively sanctioned by law under this new regulation, Amnesty International's South Asia director Smriti Singh stated: "The regulation makes an already repressive legal system even more draconian. Women and girls are, of course, among the most affected, with provisions that normalize domestic violence and place even greater restrictions on their movement and autonomy."

Among critical aspects of the new law is its decriminalization of domestic violence in cases where a woman does not actually have visible injuries or broken bones (Article 32), and its imposition of a three-month prison sentence for a woman who undertakes to visit relatives without permission from her husband and does not comply with a court order to return home (Article 34). Under Article 34, women and girls in abusive situations will be less likely to seek refuge with their family, Amnesty found.

Amnesty emphasized that the provision essentially isolates survivors and strips away their primary support systems, leaving them with no viable alternative but to remain in dangerous environments. Additionally, the Taliban-imposed regulation not only discriminates on the basis of gender, but also marginalizes those who follow different religious beliefs, or are from a disadvantaged socioeconomic background.

Taliban policy divides the populace of Afghanistan into four different categories: religious scholars, the elite (such as traditional tribal elders), the middle class and the lower class. In the event that the same crime is committed by individuals from different social classes, the type and severity of the punishment vary, with scholars only given "advice," whereas offenders from the lower class are subjected to corporal punishment.

Statistics indicate that that about 15% of the population in Afghanistan are Shia Muslims, a group that routinely faces religious persecution from authorities. Fears surrounding their safety have only intensified in recent years. Article 26 and Clause 8 of Article 2 of the regulation, which designate Shia Muslims as heretical, have served to compound the climate of fear and sectarian tension. While freedom from slavery is recognized as a cornerstone of international human rights principles, the regulation uses the term “slave” in several sections, raising concerns that the regulation aims to legitimize slavery.

This latest legal development comes after a series of internationally condemned decrees by the Taliban government which have set women’s rights back by decades, effectively constituting gender apartheid.

From JURIST, March 7. Used with permission. Internal links added. 

Note: Most Shi'ite Muslims in Afghanistan are members of the Hazara ethnic minority.

See our last report on the anti-woman crackdown in Afghanistan.