Afghanistan Enforces Sharia: Women Can Be Beaten if No Bones Are Broken

Image: Jihad Watch

The Taliban have introduced a new penal code in Afghanistan that effectively legalizes domestic violence, permitting husbands to physically discipline their wives and children, provided the actions do not result in “broken bones or open wounds.” This legislation, formally endorsed by the Islamist group’s supreme leader, Hibatullah Akhundzada, has sparked widespread concern among human rights advocates for its sanctioning of abuse under the guise of law.

The code not only legitimizes domestic violence but also establishes a hierarchical legal system, reminiscent of a caste-like structure, which dictates the severity of punishment based on the social status of the offender—categorized as “free” or “slave.” In instances where a husband inflicts serious injuries, such as visible fractures, under what the law terms “obscene force,” the maximum prison sentence is a mere 15 days. Conviction depends entirely on the wife proving the abuse in court. Disturbingly, the woman must present her injuries to the judge while remaining fully covered, accompanied by either her husband or a male guardian, severely limiting her ability to testify independently.

Simultaneously, the penal code imposes strict control over women’s personal freedoms. A married woman can face imprisonment of up to three months simply for visiting her relatives without her husband’s consent, highlighting the sweeping restrictions on women’s autonomy.

Article 9 of the penal code introduces a rigid social hierarchy by dividing Afghan society into four categories: religious scholars (ulama), the elite (ashraf), the middle class, and the lower class. Punishments are no longer determined primarily by the nature or gravity of the crime, but by the social rank of the offender. Religious scholars may receive nothing more than advisory reprimands for criminal acts, while members of the elite could face court summons and advice. Individuals from the middle class are subject to imprisonment for the same offenses, and those from the lower class may face both imprisonment and corporal punishment. Notably, corporal punishments for serious offences are administered by Islamic clerics rather than formal correctional authorities, further emphasizing the intertwining of religious authority and legal enforcement.

The 90-page penal code has repealed the 2009 Elimination of Violence Against Women (EVAW) law, which had been established under the previous US-backed government to protect women from domestic abuse. Rights organizations report that fear and intimidation are pervasive, with many Afghans reluctant to even discuss the new code—even anonymously—because the Taliban has declared that speaking about the law itself constitutes a punishable offense.

This shift represents a dramatic rollback of legal protections for women and entrenches systemic inequalities, effectively granting legal impunity for domestic abuse while consolidating social hierarchies that dictate justice according to status rather than fairness.

(This Article was originally published by Jihad Watch)