Taliban legalises domestic violence against women until 'broken bones or open wounds'
PTC News Desk: A new penal code has been introduced in Taliban led Afghanistan that legalises domestic violence against women by allowing the husbands to physically assault their wives and children as long as it does not inflict 'broken bones or open wounds'.
The penal code, signed by the Islamist group's supreme leader Hibatullah Akhundzada, classifies the punishment into various categories based on one's position in this hierarchy that whether the offender is "free" or a "slave".
Under a 90-page decree signed by the supreme leader of the Taliban, Hibatullah Akhundzada, a rigid social hierarchy has been formally codified. Religious leaders are ranked at the top, followed by elites, the middle class, and the lower class.
The system prescribes different punishments based on social status. If a religious scholar commits a crime, the harshest penalty would be a warning or “advice.” Members of the elite may receive advice or a court summons, while middle-class individuals can face imprisonment. Those from the lower class may be subjected to both jail time and corporal punishment.
The code — reportedly titled De Mahakumu Jazaai Osulnama — has been circulated to courts across Afghanistan. Rights groups have raised serious concerns, particularly over provisions that place women on the same level as “slaves.” The document allows husbands or so-called “slave masters” to administer discretionary punishment, including beatings, to wives or subordinates. A separate directive is said to criminalise public discussion of the code, leaving many Afghans fearful of speaking out.
Serious crimes are to be handled by Islamic clerics rather than correctional institutions. For lesser offences, the code provides for “ta’zir” (discretionary punishment), which in cases involving wives may mean physical punishment carried out by their husbands.
Although the code nominally permits women to seek legal remedy in cases of assault, it imposes strict conditions. Women must present evidence of severe bodily harm before a judge, remain fully covered, and be accompanied by their husband or a male guardian (mahram) — even when the accused is the husband himself.
- PTC NEWS
