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Summary: The Taliban has introduced a new criminal code in Afghanistan that allows domestic violence as long as it does not cause visible injuries. The law weakens protections for women and replaces previous legislation that criminalised gender-based abuse.
The Taliban has introduced a new 90-page criminal code in Afghanistan that legalises domestic violence, specifically, domestic violence, provided it does not result in “broken bones or open wounds.”
Signed by the group’s supreme leader, Hibatullah Akhundzada, the code states that physical punishment by a husband or head of household is only considered a crime if it causes visible injuries such as fractures or open wounds. In such cases, the maximum penalty is two weeks and a day in prison.
According to reports, including findings published by the human rights group Rawadari and reported by the Daily Mirror, the law allows corporal punishment of wives and children as long as it does not cross the threshold of “obscene force.” Where visible injuries occur, prosecution depends on the woman proving the harm in court by presenting evidence of her wounds before a judge.
The new code also stipulates that a married woman who visits relatives without her husband’s permission can face up to three months in prison, even in situations where she may be seeking refuge from violence. Drawing on Islamic scripture, the legislation reportedly sets out different levels of punishment depending on whether an offender is considered “free” or “a slave.” The code also allows discretionary punishment, known as “ta’zir,” which permits beatings in certain domestic contexts.
The Taliban has not explicitly prohibited psychological or sexual violence against women under the new law.
The code replaces previous legal protections, including the Elimination of Violence Against Women (EVAW) law introduced in 2009 under the former US-backed government. That legislation criminalised forced marriage, rape and other forms of gender-based violence.
Since regaining power in 2021, the Taliban has imposed sweeping restrictions on women and girls, including banning girls from education beyond the age of 12 and limiting women’s access to workplaces and public spaces.
