The Taliban has enacted a new law that effectively legalizes domestic violence against women, permitting husbands to beat their wives and children as long as they do not cause “broken bones or open wounds.”
The 60-page penal code, signed by the Taliban Supreme Leader Hibatullah Akhundzada, classifies spousal violence as “ta’zir” (discretionary punishment) rather than a crime. Even in cases of serious injury—which are nearly impossible to prove—the maximum penalty is just 15 days in prison.
Justice & Escape from Abuse Impossible
The law makes justice impossible to achieve and even punishes women who attempt to escape. To file a complaint, a woman must show her wounds to a male judge while fully veiled and accompanied by a male guardian, who, in most cases, is the abusive husband.
A woman who goes to her parents’ home without her husband’s permission, even to flee abuse, can be jailed for up to three months. Any family member who shelters her faces the same punishment.
Protections for Women Dismantled
The new penal code rolls back protections introduced under Afghanistan’s previous government, including a 2009 law that criminalized forced marriage, rape, and gender-based violence.
It replaces due process and fair trial with the unchecked discretion of Taliban judges. Defendants have no right to a lawyer or to appeal.
“Our life is more like a constant resistance against everything out there. No one sees us. No one cares about us. This new law is not just a law—it is making our bodies their field of control. No one would see our pain unless our bones are broken. They are legalizing fear. We are living in fear and silence,” Narges, a former university student in western Herat, told The Telegraph.
Taliban Legalizes Child Abuse
The law permits teachers to beat children in their care, with only the most severe injuries, such as broken bones, torn skin, or heavy bruising, considered excessive.
Article 48 further authorizes fathers to physically punish boys from age 10, claiming it serves the child’s “interest.” The law contains no prohibition on physical, psychological, or sexual abuse of children or women.
Gender Apartheid Under Taliban
Since taking power in 2021, the Taliban has systematically stripped women and girls of basic rights and freedoms, such as bans on education and employment, strict dress codes, and severe restrictions on freedom of movement.
Legal experts have described the Taliban’s legally enshrined systems of oppression as gender apartheid—a form of extreme, systematic gender-based oppression and discrimination designed to entrench and maintain power.
Activists and experts are calling for gender apartheid to be recognized as a crime under international law.
Learn more and support the End Gender Apartheid global movement.
