Domestic violence now legal in Afghanistan as Taliban issue troubling new laws

3 Min Read
  • Taliban introduce a new penal code permitting domestic abuse
  • Husbands face minimal punishment for violence against wives
  • Women risk jail for visiting family without permission
  • Rights groups warn of worsening abuse and legalised oppression

The Taliban have come under renewed international criticism after introducing a new penal code in Afghanistan that effectively legalises domestic violence and further strips women of basic legal protections.

A newly unveiled 90-page penal code by the ruling Taliban has sparked outrage after provisions emerged allowing husbands to physically punish their wives and children, provided the abuse does not cause “broken bones or open wounds.”

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Under the new law, men accused of using what the code describes as “obscene force” including visible fractures or serious injuries, face a maximum sentence of just 15 days in prison. Even then, prosecution will only proceed if the wife can prove the abuse in court, a requirement critics say is nearly impossible under the current judicial system.

The code also introduces severe restrictions on women’s freedom of movement. Married women can now be sentenced to up to three months in jail for visiting their relatives without their husband’s explicit permission.

Legal experts and campaigners say the language of the law treats women as the property of their husbands, erasing decades of hard-won protections. Notably, the code removes the 2009 Elimination of Violence Against Women (EVAW) law, introduced under the former US-backed government, which criminalised abuse, forced marriage, and other forms of violence.

The exiled Afghan human rights organisation Rawadari, which obtained a copy of the penal code, warned that the new laws formally legitimise abuse.

“This code legalises the abuse, maltreatment, and punishment of women and children,” Rawadari said in a statement. “It exposes them to continued domestic violence with no meaningful protection.”

The group added that the new restrictions on women’s ability to see their families remove one of the last informal safety nets available in a country with few functional legal remedies for women.

Rawadari called for the immediate suspension of the law’s implementation and urged the international community, including the United Nations, to use all available legal and diplomatic tools to prevent it from taking effect.

Since returning to power in 2021, the Taliban have steadily dismantled women’s rights, banning girls from education, restricting employment, and enforcing strict controls on movement and public life.

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