New criminal law in Afghanistan classifies society by status, shields clerics and permits ‘discipline’ of women
February 19, 2026: A new 90-page criminal code issued under the Taliban in Afghanistan has sparked global outrage for provisions that allow husbands to physically punish their wives under certain conditions. Signed by the group’s supreme leader Hibatullah Akhundzada, the code—reportedly titled De Mahakumu Jazaai Osulnama—permits beatings so long as they do not result in severe injuries such as fractures or torn skin. Women who wish to seek legal relief must prove the extent of harm, and even then, the maximum punishment for a husband is 15 days in prison. The law also allows imprisonment of women who leave their marital homes without permission and penalises relatives who shelter them.
The legislation formally divides society into four categories under Article 9: religious scholars (ulama), the elite (ashraf), the middle class and the lower class. According to rights group Rawadari, punishment depends on social standing rather than the nature of the offence. Religious scholars may receive only advice, while members of the lower class could face imprisonment and corporal punishment for the same crime. The code also repeatedly references “slaves,” raising concerns that it legitimises hierarchical and discriminatory treatment within the legal framework.
The new provisions further state that certain punishments, including “hadd” penalties, may be carried out by an Imam, while “tazir” punishments can be enforced by a husband or “master.” Children are not fully shielded either, as the law bars only forms of physical violence that cause severe injury. Rights advocates warn that the code entrenches systemic inequality and strips women and vulnerable groups of meaningful legal protection under Taliban rule.