Taliban’s New Criminal Regulation Intensifies Repression in Afghanistan, Particularly Targeting Women

A newly endorsed criminal regulation in Afghanistan, approved by the Taliban leader, is drawing condemnation from Amnesty International and other human rights organizations for its draconian measures and potential to exacerbate violence and discrimination, particularly against women and marginalized groups. The “Criminal Procedure Regulation of the Courts” formalizes and expands upon existing repressive practices, raising serious concerns about human rights violations across the country.

Key Provisions of the Regulation

The regulation outlines punishments and sentencing for a wide range of offenses, many of which are vaguely defined. Several key provisions have sparked outrage:

• Domestic Violence: The regulation criminalizes domestic violence only in cases resulting in broken bones or visible injuries, effectively normalizing other forms of abuse. Amnesty International reports this significantly reduces protections for victims and survivors of gender-based violence.
• Restrictions on Women’s Movement: Women can face a three-month prison sentence for visiting family members without their husband’s permission and refusing a court order to return home. This provision further restricts women’s autonomy and isolates potential abuse survivors.
• Harsh Punishments for Religious Non-Compliance: The regulation prescribes severe penalties for deviations from the Taliban’s interpretation of Sunni Islam.
• Social Class-Based Sentencing: Punishments are scaled based on social status, entrenching discrimination against marginalized and economically disadvantaged populations.
• Recognition of Slavery: The wording of certain provisions appears to recognize ownership over individuals, explicitly acknowledging slavery.
• Corporal Punishment and Torture: The regulation authorizes the destruction of property as punishment and institutionalizes torture through corporal punishment, such as flogging or lashing.
• Expanded Death Penalty: The death penalty is prescribed for a broader range of offenses, including discretionary judgements based on an Imam’s assessment of “public interest.”

Impact on Human Rights

Amnesty International’s legal analysis identifies seven key areas where the regulation poses significant challenges to human rights:

• Women’s Rights: Erodes safety mechanisms for victims of gender-based violence.
• Freedom of Religion, Belief, Thought, and Expression: Penalizes religious minorities and restricts freedom of thought.
• Torture and Other Ill-treatment: Legalizes torture through corporal punishment.
• Death Penalty: Expands the application of the death penalty.
• International Fair Trial Standards: Vague definitions of offenses allow for arbitrary enforcement.
• Equality Before the Law: Discriminates based on social class.
• Slavery: Explicitly recognizes slavery.

Implementation and Concerns

The regulation was endorsed by the Taliban leader on January 5, 2026, and circulated for implementation on January 8, 2026. While not yet published in the Official Gazette, reports indicate its enforcement has already begun, with at least one individual prosecuted in Badghis province for allegedly insulting the Taliban leader. Amnesty International has attempted to obtain an official copy of the regulation from the Taliban authorities but has received no response.

Calls for Action

Smriti Singh, Amnesty International’s South Asia Director, stated, “The regulation makes an already repressive legal system even more draconian.” The organization is calling on the Taliban to immediately revoke or revise the regulation to align with international human rights standards and urging the international community to condemn the regulation and pressure the Taliban to end ongoing human rights violations. Amnesty International emphasizes the urgent need for accountability and protection of vulnerable populations in Afghanistan.