Since regaining power in Afghanistan on August 15, 2021, the Taliban has governed largely through decrees. At least 470 edicts have been issued, with nearly 79 directly targeting women and girls. These measures have restricted education, employment, mobility, and participation in public life, steadily narrowing the space for women across the country.
The newly introduced 90-page penal code marks a significant escalation. Signed by Supreme Leader Hibatullah Akhundzada, the code reportedly permits husbands to physically punish wives for “disobedience” under discretionary (ta’zir) provisions. The only limitation: no broken bones or visible wounds. If those thresholds are crossed, the maximum penalty is said to be just 15 days in prison.
By defining acceptable levels of harm, the state moves from passive tolerance to active authorization of domestic violence.
From Restrictions to Institutionalized Violence
The Taliban’s governance since 2021 has steadily tightened gender-based controls. On August 25, 2021, women were ordered to remain indoors, citing security concerns. In December 2021, women were banned from traveling more than 72 kilometers without a male guardian (mahram).
By August 2022, enforcement mechanisms expanded with the establishment of morality structures to regulate dress and behavior. Women were barred from parks, gyms, and various public spaces. In November 2022, the reinstatement of hudud punishments including amputation for certain crimes, signaled a broader return to strict interpretations of criminal justice.
The 2026 penal code now formalizes what earlier decrees implied: male guardianship authority supersedes women’s legal autonomy. Moreover, women fleeing abusive homes without permission reportedly face up to three months’ imprisonment, while relatives who shelter them risk similar penalties. The repeal of the 2009 Elimination of Violence Against Women (EVAW) law further dismantles institutional safeguards.
Humanitarian and Social Consequences
Restrictions on women’s employment have also disrupted humanitarian operations. Bans on female NGO workers and expanded limits on women’s participation in UN-affiliated roles have complicated aid delivery in one of the world’s most aid-dependent states.
The implications of codifying domestic “discipline” extend beyond households. When the law legitimizes controlled violence within families, it reshapes social norms. Reports that teachers may physically punish children under similar discretionary standards broaden the reach of normalized force into educational spaces.
Such policies risk entrenching a culture where authority is enforced physically and dissent even within the private sphere is criminalized.
A Legal System Redefined
The introduction of this penal code underscores a structural transformation of Afghanistan’s legal framework. Rather than ambiguous enforcement or isolated decrees, the state is consolidating a coherent legal order grounded in rigid ideological interpretation.
By abolishing prior anti-violence legislation and limiting penalties for excessive abuse to minimal jail time, the framework signals that protection mechanisms are no longer a state priority. Instead, discipline and obedience are codified as enforceable norms.
The trajectory from mobility restrictions to legalized domestic punishment illustrates a governance model built on layered control. Each decree has narrowed civic space; the new penal code embeds those restrictions into criminal law itself.
Afghanistan now stands at a defining legal juncture. The question is no longer whether women’s rights are being restricted but how deeply such restrictions are being entrenched within the country’s formal justice system.
Taliban Codifies Domestic Violence in New Penal Code
Since regaining power in Afghanistan on August 15, 2021, the Taliban has governed largely through decrees. At least 470 edicts have been issued, with nearly 79 directly targeting women and girls. These measures have restricted education, employment, mobility, and participation in public life, steadily narrowing the space for women across the country.
The newly introduced 90-page penal code marks a significant escalation. Signed by Supreme Leader Hibatullah Akhundzada, the code reportedly permits husbands to physically punish wives for “disobedience” under discretionary (ta’zir) provisions. The only limitation: no broken bones or visible wounds. If those thresholds are crossed, the maximum penalty is said to be just 15 days in prison.
By defining acceptable levels of harm, the state moves from passive tolerance to active authorization of domestic violence.
From Restrictions to Institutionalized Violence
The Taliban’s governance since 2021 has steadily tightened gender-based controls. On August 25, 2021, women were ordered to remain indoors, citing security concerns. In December 2021, women were banned from traveling more than 72 kilometers without a male guardian (mahram).
By August 2022, enforcement mechanisms expanded with the establishment of morality structures to regulate dress and behavior. Women were barred from parks, gyms, and various public spaces. In November 2022, the reinstatement of hudud punishments including amputation for certain crimes, signaled a broader return to strict interpretations of criminal justice.
The 2026 penal code now formalizes what earlier decrees implied: male guardianship authority supersedes women’s legal autonomy. Moreover, women fleeing abusive homes without permission reportedly face up to three months’ imprisonment, while relatives who shelter them risk similar penalties. The repeal of the 2009 Elimination of Violence Against Women (EVAW) law further dismantles institutional safeguards.
Humanitarian and Social Consequences
Restrictions on women’s employment have also disrupted humanitarian operations. Bans on female NGO workers and expanded limits on women’s participation in UN-affiliated roles have complicated aid delivery in one of the world’s most aid-dependent states.
The implications of codifying domestic “discipline” extend beyond households. When the law legitimizes controlled violence within families, it reshapes social norms. Reports that teachers may physically punish children under similar discretionary standards broaden the reach of normalized force into educational spaces.
Such policies risk entrenching a culture where authority is enforced physically and dissent even within the private sphere is criminalized.
A Legal System Redefined
The introduction of this penal code underscores a structural transformation of Afghanistan’s legal framework. Rather than ambiguous enforcement or isolated decrees, the state is consolidating a coherent legal order grounded in rigid ideological interpretation.
By abolishing prior anti-violence legislation and limiting penalties for excessive abuse to minimal jail time, the framework signals that protection mechanisms are no longer a state priority. Instead, discipline and obedience are codified as enforceable norms.
The trajectory from mobility restrictions to legalized domestic punishment illustrates a governance model built on layered control. Each decree has narrowed civic space; the new penal code embeds those restrictions into criminal law itself.
Afghanistan now stands at a defining legal juncture. The question is no longer whether women’s rights are being restricted but how deeply such restrictions are being entrenched within the country’s formal justice system.
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