Afghanistan Implements a New Criminal Code
A new 90-page criminal code, titled 'De Mahakumu Jazaai Osulnama', has been formally enacted in Afghanistan. Signed into law by the Taliban's leader, Hibatullah Akhundzada, the document is already being distributed to Afghan courts, signaling its active implementation. This move represents a significant and formal shift in the country's legal system under Taliban rule, moving it away from modern legal principles.
Key Provisions of the New Legal Framework
The code legally enshrines a caste hierarchy and systematically curtails women's rights. It equates a husband's status to that of a 'slave owner.' The maximum penalty for 'excessive' beating of a wife is now just 15 days in prison, a drastic reduction from the previous administration's potential one-year sentence. Article 34 threatens a woman who flees to her parents without her husband's permission with three months of imprisonment. Parents or relatives who shelter a woman from an abusive husband also face a three-month jail term.
Under this new justice system, religious scholars (mullahs) hold a dominant role. In cases of crime, the elite may receive only a 'warning' or a court summons, while the middle class can be sentenced to prison. The lower class, including laborers, faces the harshest punishments—imprisonment combined with corporal punishment.
The new rules also mandate that a woman cannot approach a court without being accompanied by a male guardian or relative. To prove she has been beaten, a woman must show her wounds to a judge while remaining fully covered according to hijab rules.
Shaharazad Akbar, director of the 'Rawadari' rights movement, stated: 'So now, the mullah is the king.'
This remark reflects the new reality in Afghanistan following the introduction of a criminal code that has alarmed human rights advocates and the international community. The code's implementation marks a stark regression for women's rights, effectively institutionalizing gender apartheid and social stratification.
The enactment of this code signifies a further degradation of women's rights and an intensification of social problems within the country. By legalizing domestic violence and formalizing a caste system, the document is likely to have severe long-term consequences for Afghan society. The international community's response to these changes is poised to become a critical issue, as rights groups call for action to protect Afghan women.