Skip to content 
The promulgation of the Taliban’s 2026 “Criminal Procedures Code of the Taliban Courts” under Supreme Leader Haibatullah Akhundzada marks a watershed in Afghanistan’s governance, transforming the Islamic Emirate from an insurgent movement into a theocratic state with a codified hierarchy. Comprising 119 articles, the document is more than a penal manual: it functions as a blueprint for social engineering, establishing a rigid class system and imposing a singular jurisprudential identity through the absolute elevation of Hanafi Islam. The decree criminalizes theological diversity, institutionalizes gender oppression, and enshrines legal mechanisms that enable extrajudicial violence. Its release has not only alarmed the Afghan populace but has also triggered a theological debate across the region, drawing responses from Pakistani and Afghan ulema and raising profound questions about the ideological trajectory of the Taliban regime.
The Hanafi Mandate and Sectarian Erasure
Central to the 2026 code is the formalization of Hanafi jurisprudence as the sole legal and religious identity of the Afghan state. Articles 2 and 26 explicitly designate non-Hanafi Muslims including Shia Jafari and Ismaili communities, Ahl-e-Hadith followers, and non-Muslim minorities as innovators (mubtadeh) or heretics. The legal consequences for theological independence are severe: abandoning Hanafi beliefs invites imprisonment of up to two years, while advocating alternative interpretations of Islam can result in execution under the guise of protecting “public interest.” This framework effectively criminalizes religious pluralism, targeting approximately 10–15 percent of Afghanistan’s population and consolidating power within a narrow clerical orthodoxy. Historical precedent underscores the danger: similar doctrinal monopolies in past Taliban rule (1996–2001) resulted in systematic persecution, particularly of women, ethnic minorities, and religious dissidents.
Hierarchical Justice: Institutionalizing Inequality
The code establishes a four-tier social hierarchy Ulema, elites (Ashrafia), middle class (Mutawassit), and lower class (Nichla Tabqa) with punishments varying for identical crimes according to social rank, elites receive formal summonses, the middle class faces imprisonment, and the lower strata are subject to corporal punishment. Slavery persists under legal recognition, with discretionary punishment extended to masters, highlighting the code’s medieval orientation. By embedding social status into the penal framework, the Taliban have created a “clerical class system” in which equality before the law is obsolete, reinforcing structural oppression and ensuring the perpetuation of societal hierarchies.
Surveillance, Loyalty, and Political Control
Beyond codifying crimes, the code institutionalizes a surveillance state, mandating denunciation of “subversive” activity. Article 19 transforms ordinary citizens into involuntary informants, while sheltering individuals labeled as rebels or corrupters can result in imprisonment and flogging. Political dissent, criticism of Taliban decisions, or public mockery is punishable by lashes and jail time, with judicial discretion allowing arbitrary enforcement. Cultural expressions including dance, music, and public gatherings fall under criminal scrutiny, illustrating the regime’s comprehensive intrusion into private and communal life.
Women, Children, and the Codification of Domestic Confinement
The 2026 code formalizes domestic confinement for women and establishes high legal thresholds for recognizing abuse. Women face imprisonment for visiting familial homes without husband consent, while relatives who aid them also incur penalties. Domestic and educational violence is legally permissible as long as physical signs remain “invisible,” rendering most abuse unpunishable. Children, particularly in madrassas or under paternal authority, are similarly subjected to corporal punishment, institutionalizing normalized violence across generations. These provisions perpetuate gendered subjugation and reinforce patriarchal control under the veil of legality.
Regional Clerical Responses and Ideological Repercussions
The code has prompted significant backlash from ulema across Pakistan and Afghanistan. “Islamabad Declaration,” was also a theological critique released in January 2026, condemned the restrictions on female education and denounced the hierarchical social order. Afghan opposition groups and exiled clerics, including the Supreme Council of National Resistance for the Salvation of Afghanistan, have labeled the code “medieval” and “antithetical to human dignity.” Regional scholars warn that such monopolistic interpretations of Islam jeopardize social cohesion, fuel sectarian tensions, and tarnish the global perception of the faith.
Persecution of Minorities and Social Erasure
Reports from Badakhshan and Baghlan provinces indicate intensified coercion of Ismaili and Shia communities, including forced conversion campaigns, seizure of property, and placement of children in Sunni madrassas. The legal classification of these communities as heretics facilitates systemic abuse and deprives them of judicial recourse. Combined with hierarchical punishments and gender restrictions, the code effectuates a triple erasure: religious, gendered, and social, dismantling citizenship as a concept and replacing it with tiered subjugation.
Conclusion: A Permanent Hierarchy
The 2026 Criminal Procedures Code enshrines the Taliban’s vision of a theocratic, hierarchical Afghanistan. By codifying sectarian supremacy, gender confinement, and social stratification, it institutionalizes oppression and restricts civic space. For the region, these developments demand heightened diplomatic engagement, humanitarian preparedness, and theological discourse to counter the erosion of pluralistic norms. Afghanistan’s trajectory under this decree highlights the intersection of ideology and governance, revealing a regime intent on consolidating permanent autocracy under the guise of religious legitimacy.
