Rawadari, a human rights organization, said on Wednesday that a penal code issued for Taliban-run courts legitimises violence against women and children, institutionalises discrimination and strips defendants of basic legal protections.
In a statement, Rawadari said it had obtained a copy of the “Penal Principles of Taliban Courts”, which it said was signed by Taliban leader Hibatullah Akhundzada and circulated to judicial institutions across the country for implementation. The document consists of three sections, 10 chapters and 119 articles, the organization said.
The organization said the code is in clear conflict with international human rights standards and fundamental principles of fair trial, warning that it formally legalises discrimination, suppresses basic freedoms and enables arbitrary arrest and punishment.
Rawadari said the code fails to recognise key legal safeguards, including the right to legal counsel, the presumption of innocence, the right to remain silent, protection against arbitrary detention and the right to an effective defence. It said the document does not provide for independent investigations and instead relies primarily on confessions and witness testimony to establish criminal responsibility — a practice the group warned could increase the risk of torture, coercion and abuse.
The organization said the code does not explicitly prohibit violence against children and, in some cases, permits corporal punishment. It cited Article 48, which it said allows a father to punish a 10-year-old son for reasons described as being in the child’s “interest”, including for failing to perform prayers. Rawadari said such provisions undermine child protection and human dignity and risk entrenching abusive practices.
Rawadari also raised serious concerns about provisions affecting women, saying the code criminalises domestic violence only in narrow circumstances. Under Article 32, it said, a husband’s use of force against his wife is considered a crime only if beatings with a stick result in severe injuries and can be proven before a judge, in which case the husband faces up to 15 days in prison.
Other forms of abuse, including less severe physical violence, psychological abuse and sexual violence, are not explicitly prohibited, the organization said. It added that Article 4 allows disciplinary punishment by a “husband” or “master”, a provision Rawadari said risks legitimising domestic violence.
Another article cited by the group states that a woman who repeatedly leaves her home without her husband’s permission and fails to return upon request — as well as anyone who prevents her return — can be sentenced to up to three months in prison. Rawadari warned that the provision could place women who flee abuse and seek refuge with relatives at greater risk.
Beyond gender-based violations, Rawadari said the code institutionalises discrimination against religious minorities. It cited provisions that define followers of the Hanafi school of Islam as Muslims while labelling adherents of other sects and beliefs as “deviants”, a classification it said violates the principle of non-discrimination and exposes Shi’ites, Ismailis, Salafis, Sikhs and Hindus to arbitrary prosecution.
The organization said one article permits the killing of individuals deemed to be acting against Islam or promoting “false beliefs” if authorised by Taliban leadership, while other provisions criminalise undefined acts such as “mocking” Islamic rulings, carrying penalties of up to two years in prison.
Rawadari also warned that the code grants sweeping powers to courts and individuals, including allowing private citizens, religious figures and Taliban morality enforcers to punish people caught committing what are described as sinful acts. Another provision, it said, allows opponents and critics of the Taliban to be labelled as “corruptors”, whose harm is deemed public and irreparable without death.
The group said the code introduces social stratification into sentencing by dividing society into categories such as religious scholars, elites, middle classes and lower classes, with punishments varying according to social status rather than the nature of the offence — a practice Rawadari said violates equality before the law.
It also said the document repeatedly uses the term “slave” and allows punishments to be applied regardless of whether a person is “free or enslaved”, which Rawadari said amounts to recognition of slavery — prohibited under international law.
The organization warned that the code significantly expands the use of corporal punishment, including public flogging, which it said constitutes degrading treatment and risks entrenching systemic violence within the Taliban’s judicial system.
Rawadari said the document further criminalises criticism of Taliban policies and leaders, including opposition to decisions described as “permissible acts” later banned by the leadership — a provision it said could be used to punish dissent, including criticism of restrictions on women’s education.
The group urged the Taliban to immediately suspend implementation of the code and called on the United Nations and international community to use all available legal mechanisms to prevent its enforcement. It said it would continue monitoring the Taliban’s conduct and publish regular findings.
The Taliban have not publicly commented on the report. They have previously said their laws and policies are based on their interpretation of Islamic law.
