Under the code, husbands are allowed to physically punish their wives so long as the violence does not result in serious bodily harm.
By World Israel News Staff
The Taliban has enacted a sweeping new criminal code in Afghanistan that formally embeds many of the group’s hardline social policies into state law, including provisions that permit husbands to physically punish their wives under certain circumstances.
The new legal framework, approved by the Taliban’s supreme leader, took effect immediately upon signing and establishes updated procedural regulations governing Afghanistan’s courts.
The code contains more than 100 articles organized across multiple chapters and sections, reshaping the country’s judicial system under Taliban rule.
Among the most controversial provisions are rules addressing domestic discipline.
Under the code, husbands are allowed to physically punish their wives so long as the violence does not result in what authorities classify as serious bodily harm.
Severe injuries such as broken bones, open wounds, or significant visible damage could trigger legal consequences, but lesser forms of physical violence are effectively permitted.
Article 32 specifies that criminal penalties apply only if a husband strikes his wife with an object, such as a stick, and causes severe injury, including wounds or pronounced bodily bruising.
Even then, prosecution depends on the woman proving the harm before a judge. If the court accepts the claim, the husband faces a maximum punishment of fifteen days in prison.
Legal observers say the burden of proof outlined in the law creates significant obstacles for victims seeking justice.
Women bringing complaints must appear in court accompanied by a male guardian, typically the husband himself, a requirement critics argue makes reporting abuse extremely difficult.
The code also outlines how punishments are administered more broadly within Taliban courts. Corporal penalties for serious crimes are reserved for Islamic clerics, while husbands are encouraged to administer what the law describes as “discretionary punishments” for lesser household offenses.
Another section of the code introduces a formal social hierarchy dividing Afghan society into four categories: religious scholars, social elites, the middle class, and the lower class.
Analysts say the framework appears to classify individuals as either “free” persons or “slaves,” placing women in a legally subordinate position comparable to dependents under male authority.
Human rights groups say the measures represent a significant escalation in the Taliban’s effort to codify its interpretation of Islamic governance since returning to power.
