Afghanistan has recently approved a new penal code that effectively permits domestic violence against women in a move that severely restricts women’s rights. The Taliban’s 90-page penal code now allows husbands to physically harm their wives and children as long as the abuse does not lead to “broken bones or open wounds.”
Under these new laws, husbands could only face a maximum of 15 days in prison for cases of severe force, such as visible fractures or injuries, with convictions being pursued only if the wife can prove the abuse in court. Additionally, a married woman could be imprisoned for up to three months if she visits her relatives without her husband’s explicit consent.
Critics have pointed out that the language used in the law treats wives as the “property” or “slaves” of their husbands, removing crucial protections that were previously in place, such as the 2009 law on the Elimination of Violence Against Women. Human rights campaigners from Rawadari, an exiled Afghan group, have condemned the new penal code, warning that it will legitimize the mistreatment of women and children, leaving them vulnerable to ongoing domestic violence.
The restrictions on women’s rights to visit their families further diminish the limited protections available in a country where formal legal remedies are scarce. Rawadari has called for an immediate halt to the implementation of the criminal procedure code by the Taliban courts and urged international organizations, including the United Nations, to intervene and prevent its enforcement.
Since coming back to power in 2021, the Taliban have imposed severe limitations on the rights of women and girls, including barring females from continuing education past the age of 12 and restricting their access to public spaces, parks, and businesses.
The new legal framework also indicates a heightened persecution of religious minorities in Afghanistan, labeling those who do not adhere to the Hanafi school of thought as “heretics.” About 15% of the country’s 42 million population are not Hanafi Muslims, including Jafari Shias, Ismailis, Ahl-e-Hadith followers, as well as Sikhs, Hindus, and other non-Muslims.
The implications of these changes for women, girls, and religious minorities in Afghanistan are deeply concerning, with international pressure being called upon to address the situation and protect the rights of vulnerable groups in the country.
