The new code lacks rights to defense and compensation
The human rights organization Rawadari has published information about the new "Criminal Code of the Taliban Courts," signed by Mullah Hibatullah and sent to the provinces for implementation. This was reported by The Insider.
This code includes three sections, 10 chapters, and 119 articles and, according to human rights defenders, contradicts international human rights standards and fair trial principles. It lacks rights to an attorney, the right to remain silent, and compensation for damages, and does not establish minimum and maximum sentences. Confessions and witness testimonies become the main evidence of guilt, which, as Rawadari points out, significantly increases the risk of torture.
The code also enshrines discrimination against religious minorities. In particular, Article 2 recognizes only followers of the Hanafi school as Muslims, while adherents of other sects are considered "innovators." This creates grounds for large-scale persecution in a country where Shia, Ismailis, supporters of "Ahl al-Hadith," Sikhs, and Hindus reside. Article 14 permits, with the imam's sanction, the killing of those who "defend false beliefs" or call others to them. Article 17 establishes a punishment of two years in prison for "mocking" Islamic prescriptions, with the term "mocking" undefined, while Article 26 prohibits Hanafis from changing their school, threatening two years in prison, which primarily affects Salafis and supporters of "Ahl al-Hadith."
Furthermore, the code introduces a class division in society. According to Article 9, the punishment for the same crime depends on social status: a religious scholar will receive only a "recommendation," a member of the "nobility" will be summoned to court, a person from the "middle class" will face imprisonment, while a representative of the "lower class" will receive imprisonment with corporal punishment. The word "slave" is mentioned in several articles: for example, Article 15 extends punishments to "slaves," and Article 4 allows the "master" to inflict corporal punishment. Rawadari emphasizes that the mention of the category "slave" in a legal document violates the international ban on slavery.
The code also criminalizes dissent and criticism of the Taliban. According to Article 19, any "permissible action" declared prohibited by the Taliban leader is punishable, as is the criticism of such prohibitions. This could lead to criminal prosecution for dissenting against the ban on education for women. Article 23 establishes a punishment of 20 lashes and six months in prison for "insulting Taliban leaders." Article 24 obliges citizens to report on regime opponents, with up to two years of imprisonment for silence. In Article 2, a "rebel" is defined as one whose "harm is public and who cannot be corrected except by death," while Article 4 allows any Muslim to punish a "sinner" caught in the act of sin.
Attention is also drawn to the provisions regarding violence against women and children. Article 30 prohibits teachers from only those forms of physical violence against children that lead to fractures or visible injuries, while other forms of violence, including psychological and sexual, are not mentioned. Article 32 establishes a punishment for a husband for beating his wife with a stick, resulting in serious injuries, of only 15 days of imprisonment — and only if the wife can prove it. At the same time, Article 34 provides for three months in prison for a woman who leaves for her parents' house without her husband's permission, as well as for relatives who do not return her.
We remind you that in July 2025, the International Criminal Court issued arrest warrants for high-ranking Taliban leaders, including Supreme Leader Hibatullah Akhundzada and the Chief Justice of the "Islamic Emirate of Afghanistan," Abdul Hakim Haqqani. The court ruling indicates their involvement in crimes "against humanity, including gender-based persecution, particularly against girls and women, as well as other individuals who do not conform to the Taliban's gender policies."
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