Afghanistan’s newly enacted penal code has triggered strong condemnation from international human rights officials, who say it entrenches gender inequality and imposes lighter penalties for domestic violence than for animal cruelty.
The 60-page decree, signed in January by Afghanistan’s Supreme Leader Hibatullah Akhundzada, marks the first comprehensive penal code introduced since the Taliban returned to power in 2021. The code outlines 119 articles defining crimes and punishments under the country’s current authorities.
Lighter Sentences for Wife-Beating Than Animal Fighting
Under the new law, a husband who beats his wife severely enough to leave visible injuries faces a maximum sentence of 15 days in prison — provided the woman can prove her case in court.
By contrast, organizing or participating in animal fights, including cockfights or partridge fights, carries a punishment of up to five months in prison. Such activities, though historically common in parts of Afghanistan, were banned after the Taliban’s takeover.
The disparity has drawn international criticism. Addressing the U.N. Human Rights Council in Geneva, U.N. High Commissioner for Human Rights Volker Turk said the decree contradicts Afghanistan’s international legal obligations and called on authorities to rescind it.
Restrictions on Women’s Movement and Legal Status
The code also criminalizes women who visit relatives without their husband’s permission. A woman who stays at her father’s house without consent from her husband can face three months in prison. Her relatives may also be punished if they fail to return her to her marital home.
According to U.N. Women’s Special Representative in Afghanistan, Susan Ferguson, the decree formally eliminates equality between men and women under the law. In a statement, she said the legislation places husbands in positions of authority over their wives and limits women’s access to legal protection.
The decree authorizes corporal punishment for various offenses, including within households, and criminalizes criticism of the country’s de facto leadership, raising concerns about restrictions on freedom of expression and assembly.
Different Punishments Based on Social Class
Another controversial feature of the penal code is the introduction of varying penalties depending on social status. Clerics and high-ranking individuals may receive warnings from judges, while tribal leaders and business figures can face court summons.
Those described as “average members of society” are subject to imprisonment, while individuals categorized as belonging to lower social classes may face corporal punishment, including lashes. The code specifies that up to 39 lashes may be administered across different parts of the body.
However, in murder cases, social distinctions do not apply. Anyone convicted faces the death penalty. The death sentence is also prescribed for insulting the Prophet Muhammad, though it may be commuted to six years in prison if the offender repents.
Broader Pattern of Restrictions
Since returning to power, the Taliban authorities have introduced sweeping measures limiting women’s rights, including restrictions on secondary and higher education for girls, bans on women working in most sectors, and strict dress and behavior codes.
The new penal code consolidates many of these policies into a formal legal framework for the first time.
In his remarks in Geneva, Turk urged Afghan authorities to reverse course, warning that the country cannot prosper while excluding half of its population. “Women and girls are the present and the future,” he said, emphasizing that sustainable development is impossible without their participation.
The decree has intensified global scrutiny of Afghanistan’s human rights record, as international organizations continue to debate engagement strategies with the Taliban-led administration.
