The Taliban enacted a 119-article Criminal Procedure Code for Courts on January 4, 2026, significantly narrowing the legal definition of domestic violence, according to documents leaked by the rights group Rawadari.
The Code limits criminal liability for domestic abuse to cases of “excessive beating” that result in fractures, torn skin, or visible bruising. A husband faces a maximum of 15 days in prison only when such injuries occur.
The law does not explicitly criminalize other forms of physical, psychological, or sexual violence against women and girls.
The same threshold applies to corporal punishment of children. Teachers can be punished for striking a child only if the act causes broken bones, torn skin, or visible bruising, leaving other forms of physical punishment outside clear criminal sanction.
Human rights advocates say the provisions weaken protections for women and children and risk institutionalizing gender-based violence.
They argue the Code conflicts with Afghanistan’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child, which require states to protect women and children from all forms of violence.
According to data released by the rights group Bishnaw in April 2025, 45% of female respondents said domestic violence and abuse were the main reasons they sought legal assistance.
The same findings indicate that 48% identified the mahram requirement and enforcement under the Propagation of Virtue and Prevention of Vice framework as primary barriers to accessing de facto legal services.
Rights groups warn that embedding such injury thresholds into procedural law could deepen barriers to justice and increase the risk of gender-based violence.
Several countries, including Canada, Germany, Australia, and the Netherlands, have publicly condemned the Taliban’s policies toward women and are exploring international legal avenues to hold the regime accountable. (By Mary Angeline Adlaon)
