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Taliban Codifies Domestic Violence in New Penal Code Distributed to Afghan Courts

Rights groups warn the signed 90-page directive will entrench gender discrimination, making justice for abuse effectively unattainable.

Overview

  • The Pashto document, De Mahakumu Jazaai Osulnama, has been approved by Hibatullah Akhundzada and circulated to courts, though it has not been made public.
  • Provisions allow husbands and fathers to physically punish wives and children so long as the violence does not cause broken bones or open wounds.
  • When injuries are deemed serious, the maximum penalty for a husband is 15 days in prison, and conviction requires the woman to show wounds to a judge while fully veiled and accompanied by a male guardian.
  • Article 34 permits up to three months in jail for a married woman who visits relatives without her husband’s permission, with family members who shelter her also subject to punishment.
  • Article 9 creates a four-tier justice hierarchy with lighter treatment for clerics and elites, the code rolls back the 2009 EVAW protections, and Rawadari and UN expert Reem Alsalem have called for its suspension.