Afghanistan’s permanent mission in Geneva said on Thursday that a newly issued criminal code by the Taliban entrenches discrimination, institutionalises a clerical class system and violates fundamental principles of human dignity, equality and justice.
In a series of posts on X, the mission said the code was neither Islamic nor compatible with the foundations of a modern nation state, warning that it erased women from public life, criminalised religious and ethnic diversity and undermined the concept of equal citizenship.
“By dividing society into hierarchical classes, erasing women from public life and criminalising diversity, the Taliban are dismantling the very idea of citizenship,” the mission said, adding that Afghanistan’s future must be built on popular sovereignty, equal rights for all — including women — and decentralised, accountable governance.
The comments come amid mounting criticism from human rights groups over the scope of the Taliban’s newly issued penal framework.
The human rights organization Rawadari said it had obtained a copy of the Taliban courts’ penal code, signed by Taliban leader Hibatullah Akhundzada and circulated to judicial bodies nationwide. According to Rawadari, the document criminalises failure to act against, or report, perceived opponents of the Taliban.
Under one provision cited by the group, anyone who witnesses or becomes aware of meetings or activities deemed “subversive” by the Taliban but fails to personally act against those involved or report them to Taliban authorities can be sentenced to up to two years in prison.
The code also criminalises sheltering fighters, rebels or individuals described as “corrupt”, punishable by up to 39 lashes and five years in prison, Rawadari said. Insulting Taliban leaders carries penalties of 20 lashes and six months’ imprisonment, while leaving the Hanafi school of Islam is punishable by up to two years in jail.
Rawadari said the code extends criminal liability beyond security matters to social relations, family life and personal behaviour, including fasting practices during Ramadan, interaction with unrelated women, criticism of Taliban officials and even speaking or looking at a neighbour’s wife. Penalties range from imprisonment and flogging to fines.
The organization said the document formally divides society into four social classes and uses the term “slave”, provisions it said contradict international human rights law and the absolute prohibition of slavery.
Legal experts have long raised concerns about the lack of transparency and due process in the Taliban’s judicial system, saying it falls short of recognised standards for an independent and fair judiciary.
Taliban have not issued a new public response to the criticisms. They have previously said their legal system is based on their interpretation of Islamic law and have rejected international pressure over human rights and governance.
