On January 4, 2026, the Taliban quietly introduced a new Criminal Procedure Code in Afghanistan, signed by their supreme leader Hibatullah Akhundzada and distributed to provincial courts for immediate implementation. This 119-article document, divided into 10 chapters and three sections, has sparked global outrage for entrenching discrimination, legalizing slavery, and stripping away basic human rights. No public announcement or debate preceded its rollout, highlighting the group’s secretive approach to consolidating power since their 2021 takeover.
The code fundamentally reshapes Afghanistan’s justice system into a tool for control rather than fairness. It divides society into four strict classes: religious scholars (mullahs), elites (like tribal leaders and commanders), the middle class, and the lower class. Punishments for the same crime vary wildly based on your status, for example, a mullah might get just a verbal warning or “advice,” while someone from the lower class faces jail time plus physical beatings like flogging. This setup effectively gives religious leaders near-total immunity from real consequences, creating a “hierarchy of privilege” where clerics are untouchable.
One of the most alarming features is the explicit recognition of slavery. The code repeatedly uses the term “slave” (or “ghulam” in local languages) to separate “free” people from “slaves” in legal punishments, treating slavery as a normal part of society despite it being banned under international law. For instance, it allows discretionary punishments for crimes without fixed penalties, applying differently to slaves versus free individuals. It also permits husbands or “masters” to personally punish women, children, or servants, which critics say greenlights domestic violence and slave-like conditions, especially for vulnerable groups.
The code weakens protections against abuse, particularly for children and women. It only bans child abuse if it causes severe injuries like broken bones or torn skin, leaving room for other forms of physical, emotional, or sexual harm. A father can legally punish his 10-year-old son for missing prayers, and women face penalties for leaving home without permission or participating in vaguely defined “immoral” activities like dancing or watching dances. Broad, unclear terms for crimes such as “sin,” “corruption,” or “subversive meetings” give judges huge leeway, potentially leading to arbitrary arrests for everyday behaviors like cultural gatherings or running beauty salons.
Religious freedom takes a hit too. The code labels followers of the Hanafi school of Islam as “true Muslims,” while branding others as “heretics” or “innovators.” Switching from Hanafi beliefs can land you in prison for up to two years, and mocking Islamic rulings carries similar penalties. It even requires citizens to report any “rebellious” activities or face punishment themselves, turning neighbors into spies and eroding trust in communities. Basic legal rights are absent, no access to lawyers, no right to remain silent, and no compensation for wrongful convictions, relying heavily on confessions that could be forced.
Reactions have been swift and fierce. Human rights group Rawadari slammed it as a violation of international standards, calling for its suspension and urging UN intervention. They described it as “not a justice system, but a legally codified hierarchy of privilege.” UN Special Rapporteur Richard Bennett called the implications “extremely concerning” and is reviewing it from human rights and Sharia angles. EU lawmaker Hanna Neumann labeled it as codifying “gender apartheid” and the enslavement of women and girls. Afghan resistance groups, like the Supreme Council of National Resistance, condemned it as pushing the country “far worse than the Middle Ages,” violating human dignity and equality. Women’s rights advocates, such as the Afghanistan Women’s Justice Movement, called it “the legalisation of brutality.” Former officials like ex-Attorney General Mohammad Farid Hamidi see it as “a document proclaiming the conviction of all citizens.”
Social media echoes the alarm, with users highlighting how the code supports oppression and even ties into broader issues like child exploitation. This comes amid ongoing Taliban actions, like public floggings (37 people in January 2026 alone) and executions, showing a pattern of harsh “Sharia” enforcement without fair trials.
In summary, this code isn’t about justice, it’s a blueprint for fear, division, and control, pulling Afghanistan further from modern rights and deeper into repression. International pressure is growing, but without action, it risks normalizing these abuses for millions.
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