Taliban’s New Law Sparks Alarm Over Women’s Rights

Kabul — A newly introduced criminal code in Afghanistan has sparked alarm among human rights advocates by effectively stripping women of meaningful legal protection and empowering husbands and male guardians under the law.

The Taliban-issued code, a 90-page legal document signed by the group’s supreme leader Hibatullah Akhundzada, has been distributed across courts in the country and replaces earlier, more protective laws. Human rights experts say the provisions represent a drastic rollback of justice for women and normalise violence and discrimination against them. The Independent

Domestic Violence Legalised

Under the new penal code, men — including husbands — can physically punish their wives and children as long as the violence does not result in “broken bones or open wounds”. Even in cases of serious injury, punishments are minimal, with maximum prison terms reportedly as low as 15 days for abusers. Critics say these measures effectively sanction domestic abuse and create near-impossible conditions for women to seek justice.

According to legal advisers in Kabul, women seeking recourse for assaults face bureaucratic obstacles such as the requirement that they be accompanied by a male guardian — often the very person responsible for the abuse. This exacerbates already limited access to legal protection.

Rollback of Previous Protections

The new code reverses much of the progress made under Afghanistan’s previous government, including the 2009 Elimination of Violence Against Women (EVAW) law, which provided stronger penalties for forced marriage, rape and gender-based violence. Human rights advocates say the current legislation fails to explicitly prohibit or condemn physical, psychological or sexual violence against women.

Class-Based Legal Hierarchy

Human rights observers also warn that the new code embeds a class-based hierarchy within the legal system. Religious leaders and members of elite groups are placed above ordinary citizens, while women and lower-status individuals face disproportionate discrimination. Critics argue this contravenes basic principles of equal protection under the law.

Global Condemnation and Fear Among Activists

Local rights groups, including Afghan organisations operating in exile, have condemned the penal code as regressive and dangerous. Many activists fear that the legalisation of domestic violence and the dismantling of earlier protections will deepen gender inequality and isolate women further from society’s public and legal spheres.

“Women now find themselves with virtually no legal remedy,” said a Kabul-based legal adviser speaking on condition of anonymity, describing a woman who was beaten by a Taliban guard but was told her complaint could not be heard without a male guardian present.

International Concern

International rights groups and foreign governments have voiced concern over the Taliban’s legal changes, arguing they violate basic human rights standards and could amount to systematic gender persecution. There are growing calls for global bodies to intervene or pressure the de facto authorities to restore fundamental protections for women.

The new criminal code represents a stark shift in Afghanistan’s legal landscape and highlights the challenges faced by women under Taliban rule, critics say — with implications for families and society at large if left unchallenged.