Taliban’s Modern Penal Code: A System of Violence and Oppression in Afghanistan

A sweeping new penal code enacted by the Taliban in Afghanistan is formalizing violence, criminalizing dissent, and severely restricting the rights of women and girls, raising alarm among human rights advocates and international organizations. The code, signed into effect on January 7th by Taliban leader Hibatullah Akhundzada, operates under the guise of religious law and has been criticized for legalizing slavery and stripping women of legal personhood.

Codifying Oppression: Key Provisions of the Penal Code

The “Penal Principles of Taliban Courts,” comprising 119 articles, concentrates absolute power within Taliban courts. Key provisions include:

• Mandatory Obedience: Absolute obedience to the Taliban’s supreme leader is required, with disobedience punishable by flogging or imprisonment.
• Criminalization of Dissent: Any criticism of Taliban officials, failure to report perceived opposition activity, or even silence in the face of dissent are criminalized.
• Restrictions on Social Interactions: Ordinary social interactions, such as speaking to an unrelated woman or questioning authority, are treated as criminal acts.
• Rigid Social Hierarchy: The code establishes a rigid social hierarchy, dividing society into classes and explicitly recognizing individuals as either “free” or “enslaved,” with harsher punishments for those deemed lower status.
• Corporal Punishment: The code authorizes corporal punishment, including flogging, for a range of offenses.

Impact on Women and Girls

The new penal code further exacerbates the already dire situation for women and girls in Afghanistan. They have been banned from education beyond sixth grade, and from many forms of employment and free movement. The code strips women of legal protection and autonomy, effectively treating them as second-class citizens. In March, the Taliban issued an order that women could be stoned to death for so-called “moral crimes,” such as sex outside of marriage and “running away” from their homes, often to escape domestic violence.

International Response and Concerns

The United Nations has expressed deep concern over the penal code and its implications for human rights in Afghanistan. UN Human Rights Chief Volker Türk has warned that the Epstein and Gisèle Pellicot scandals are an illustration of intensifying threats to women and girls forced to suffer in silence, noting that around 50,000 women and girls worldwide were killed in 2024, most by family members.

UN Special Rapporteur on human rights in Afghanistan, Richard Bennett, has called for the Taliban to be held accountable for their crimes against women and girls, describing the situation as the most serious women’s rights crisis in the world. Fears are also growing for Afghan civilians following reported Pakistan military air strikes, increasing the difficulties and dangers for Afghans.

Growing Tensions and Regional Impact

Growing tensions between Afghanistan and Pakistan have further complicated the situation, increasing the dangers for Afghans, particularly those considering returning to their country.

A System of Institutionalized Discrimination

Human rights advocates warn that the penal code institutionalizes discrimination and revives concepts long prohibited under international law. The Taliban is accused of weaponizing the justice sector to entrench gender persecution. The code’s provisions formalize violence and create a system where dissent is silenced and basic human rights are denied.