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Taliban’s New Penal Code Legalises Domestic Violence in Afghanistan

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New Law Sparks Global Outrage

Afghanistan’s hard-line Taliban government has approved a controversial new criminal code that has alarmed human rights advocates worldwide. Under this new legal framework, husbands are permitted to physically punish their wives and children so long as such force does not result in broken bones or open wounds — a provision that rights groups argue practically legalises domestic abuse.

The 90-page penal code, signed by Taliban supreme leader Hibatullah Akhundzada, has effectively replaced earlier legal protections and instead prioritises patriarchal authority and social hierarchy over individual rights.

Key Provisions of the Penal Code

Under the new law:

  • Husbands can physically punish wives and children, provided no severe injury occurs.

  • If a spouse causes visible fractures or wounds, the maximum penalty is just 15 days in prison, and only if the victim can prove the abuse in court.

  • Women seeking legal recourse must appear in court fully covered and accompanied by a husband or male guardian — often the alleged abuser.

  • Married women may face up to three months in jail for visiting relatives without their husband’s permission.

Erosion of Women’s Rights

The code dismantles protections such as the Elimination of Violence Against Women (EVAW) law, which was adopted in 2009 to protect women from forced marriage, rape, and other gender-based violence.

Experts also note the penal code institutes a four-tier social classification that ties punishment severity to social standing: religious scholars and elites receive lighter treatment than middle or lower-class individuals.

Criticism and International Reactions

Human rights organisations and international bodies have strongly condemned the legislation. Exiled rights group Rawadari described the changes as legitimising “abuse, maltreatment, and punishment” of women and children, urging an immediate halt to implementation.

United Nations officials have echoed these concerns, warning that the code marks a further rollback of women’s freedoms since the Taliban returned to power in 2021.

Impact on Afghan Society

Critics say the new law entrenches patriarchal control, treats wives as subordinate to husbands, and makes justice nearly unattainable for victims of domestic abuse. Many fear this will worsen women’s already limited rights in Afghanistan, restricting their movement and independence.

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