In a disturbing move against human rights, the Taliban regime has put into effect a new 119-article penal code that legalises domestic violence and establishes a strict social caste system. This 90-page document, titled De Mahakumu Jazaai Osulnama, was signed by Supreme Leader Hibatullah Akhundzada in January 2026. It has shocked the international community. Rights groups claim the code reduces women to the status of “property” and formalises a system of “gender apartheid.”
‘No broken bones’: The logic of state-sanctioned abuse
One of the most alarming parts of the new code allows husbands and “slave masters” to physically punish women and subordinates. The text states that these beatings are permissible as long as they do not lead to “broken bones” or “open wounds.”
Maximum 15-day sentence: Even if a “serious” beating results in visible fractures or injuries, the husband can face only a maximum of 15 days in prison.
The “justice” barrier: To seek help, a woman must show her injuries to a judge while remaining fully veiled and with a mahram (male guardian)—often the same abuser she is reporting.
Criminalising escape: Article 34 of the code states that a woman who frequently seeks shelter at her father’s house without her husband’s permission can be jailed for three months.
A four-tiered social caste system
The penal code clearly denies the principle of equality before the law, dividing Afghan society into four distinct classes. Punishments for the same crime now vary a lot based on a person’s social standing:
– Religious Scholars (Ulema): They receive almost total immunity; punishments involve “advice” or a phone call.
– Elites (Ashraf): They may get formal warnings or court summons.
– Middle Class: They can be imprisoned for crimes.
– Lower Class: They face the harshest penalties, including public flogging and corporal punishment.
The legalisation of slavery
In a step that human rights experts see as a return to “long-prohibited concepts,” the code repeatedly mentions the term “Ghulam” (slave) and distinguishes between the rights of “free” and “enslaved” people. By giving “masters” the power to impose discretionary punishment, the Taliban has effectively included slavery in the national legal system.
Global outrage and rights alarms
Human rights organizations, such as Rawadari and the Feminist Majority Foundation, have condemned the code as a “blueprint for governance through fear.” The new laws officially cancel the 2009 Elimination of Violence Against Women (EVAW) law, which had provided a decade of legal protection against forced marriage and gender-based abuse.
“By turning families into enforcers and women into legal dependents valued less than animals, the Taliban is not preserving culture—they are erasing it,” one rights defender stated.
