Nowhere to Go: The Taliban’s New Penal Code Legalizes Domestic Violence and Prohibits Women from Leaving Home

Author: Nadia Nasri

April 23, 2026

Women in traditional burqas in Afghanistan [Image credit: Faruk Tokluoğlu via Pexels]

The Taliban’s new penal code, the “Criminal Procedural Regulations for Courts,” took immediate effect after being signed into law by the Taliban’s supreme leader in January of this year. With the adoption of this new penal code, women in Afghanistan now face increased subjugation in a country where their rights were already extremely limited. The penal code, which contains 119 articles, raises serious concerns about human rights violations against many in Afghanistan, but especially for women, as it solidifies the Taliban’s efforts to eliminate their autonomy, further their repression, and justify violence against them.

The Taliban initially assumed power in Afghanistan following the Afghan war between anticommunist Islamic guerrillas and the Afghan communist government, which took place from 1978 to 1992. Because the new government failed to create order following the war, it allowed for the Taliban, an ultraconservative and religious militant organization, to influence Afghans under the guise that the group would establish order and peace. This stated objective was especially convincing for many people, given that the group had conquered a destabilizing warlord and reconciled several warring regions. The people of Afghanistan also found relief in the group’s vows to bring peace and maintain Islamic values after many years of war and unrest. The Taliban took over the capital city, Kabul, in 1996 and cemented their occupation of Afghanistan after killing President Mohammed Najibullah. Life under the Taliban’s occupation was extremely strict, and particularly harsh for women, as they were almost entirely removed from public life and forbidden from attending school and working. The wearing of a full face veil became mandatory, and women were not permitted to leave home without the accompaniment of a male relative. 

For many years, the Taliban continued to enforce their regime, which consisted of their own extreme interpretation of Islamic principles and teachings, until the United States invaded in 2001 in an effort to take down the terrorist organization Al-Qaeda and remove the Taliban from power. The ensuing war in Afghanistan lasted for 20 years, and, during this time, women were able to be part of public life again, with the ability to attend school, pursue higher education, and even hold employment and positions in public office. However, the war involved many unsuccessful efforts to combat terrorism and create a stable government for the Afghan people. The Taliban also operated a “shadow government” during this period, and, in 2021, their power was fully restored after the US military withdrew from Afghanistan. 

Since the beginning of the second occupation of Afghanistan by the Taliban, the oppression of women has become even more severe than during their first occupation, with laws enacted with the aim of establishing a gender apartheid regime. This is especially to be exacerbated with the enactment of the new penal code, the “Criminal Procedural Regulations for Courts.” This new penal code, which only became public knowledge after being exposed by journalists, will have serious consequences for the people of Afghanistan. The penal code completely restructures society, forming four groups based on class, in which punishment is determined by class and/or social status. Those of lower status in society are now subject to harsher punishments than those of the more “elite” classes. Further, the penal code appears to imply that slavery is legal, as it mentions terms such as “free” and “enslaved.” The penal code outlines punishments for many acts that the Taliban deem to be moral crimes, ranging from interacting with a non-relative woman to speaking out against Islam. Simply holding “false beliefs,” whose meaning is at the discretion of Taliban leaders, can be met with the death penalty. The code also eliminates one’s right to retain an attorney or remain silent, which can potentially lead to unfair trials, as one could be accused of a crime indiscriminately and lack the ability to defend themselves against the charge. 

The penal code is most extreme towards women, as it virtually legalizes domestic violence. This is evident in Article 4 of the code, which states that a “husband” or “master” is permitted to implement disciplinary punishment. This physical discipline only constitutes a crime if the wife has severe injuries, like a broken bone or visible bruising. However, it must be proven in front of a judge. Even if found guilty, the husband will only be sentenced to up to 15 days in jail. The punishment, however, really only creates the illusion that there can be any kind of justice in these situations. A recent case highlights the reality of what an Afghan woman can face when she does try to bring justice against her abusive husband in court. When a woman sought to divorce her husband on the grounds of abuse, after being beaten with a cable for not cooking and cleaning the home, the judge refused to grant it. She described the history of physical and verbal abuse she endured from her husband, including the most recent attack that left her with marks on her back and arms. However, because she had not documented the abuse, the judge minimized her claims, citing how her husband is permitted to physically discipline her and that “a few beatings won’t kill you.”

The penal code also forbids a woman from leaving the home without permission from her husband. If a woman continuously violates this law by going to her father’s home or another relative’s home, and refuses to return when her husband or a judge orders her to, she can be punished. This essentially makes it impossible for a woman to leave an abusive situation, as she, and anyone who tries to help her by preventing her return, can be sent to prison for up to three months. Other types of abuse, such as psychological and sexual abuse, are also not forbidden in the penal code. Additionally, a woman is prohibited from leaving Islam (being an “apostate”), with the potential consequence being life imprisonment. While imprisoned, she is subject to receiving 10 lashes every three days until she returns to Islam. However, it is not clear in the articles that men will face punishment for being an “apostate.” 

Given that criticism of the Taliban and their laws is strictly prohibited, with the potential penalty being death, it will be nearly impossible for the Afghan people to safely speak out against these atrocities that will disproportionately affect women. Any attempt to organize or resist the government will be a very dangerous gamble, as citizens are required to report any suspicion of opposition. What will be the future for women in a country that restricts them to their homes, keeps them subservient through violence, and punishes them for questioning authority? This penal code poses dire consequences for Afghan society and will do irreparable harm to women for generations to come. These women will have no one to turn to and nowhere to go.  

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Glossary

• Apostate: A person who leaves their religion. 

• Communist: A type of government that establishes a classless society, and operates a political and economic system in which the government owns all property, and controls how wealth is divided.

• Criminal Procedural Regulations for Courts: The Taliban’s new penal code consisting of 10 chapters and 119 articles which contain extremist laws pertaining to family life, personal conduct, and obedience to Taliban leaders, as well as the legalization of domestic violence. 

• Disciplinary: A term relating to discipline, which is the act of correcting or punishing someone’s behavior for disobeying a rule or law. 

• Discretion: The use of one’s judgment when making a decision. 

• Gender Apartheid: The systemic oppression of a group based on their sex. 

• Islamic: A term relating to the Muslim religion, Islam, and its teachings. 

• Penal code: A set of laws that define criminal offenses and the punishments for them. 

• Repression: The act of restricting a group in order to control them, often by way of force or violence.

• Slavery: The possession of a person or people against their will, involving forced work without payment and denial of freedom and autonomy.

• Subjugation: The act of assuming complete control of one group by another. 

• Supreme leader: A person with complete authority and control over a country or organization. 

• The Taliban: An ultraconservative and religious militant organization that governs Afghanistan.

• Warlord: A military leader who rules over an area by force, and without approval by a government.

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References

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2. Britannica Editors (2026, March 6). Taliban. Encyclopedia Britannica. https://www.britannica.com/topic/Taliban

3. Constable, P. (2018, June 21). The Taliban has successfully built a parallel state in many parts of Afghanistan, report says. The Washington Post. https://www.washingtonpost.com/news/worldviews/wp/2018/06/21/the-taliban-has-successfully-built-a-parallel-state-in-many-parts-of-afghanistan-report-says/

4. Girowal, H. (2026, February 16). The Taliban legal system and the 2026 criminal procedural regulations. Princeton School of Public and International Affairs. https://spia.princeton.edu/news/taliban-legal-system-and-2026-criminal-procedural-regulations

5. Hamidi, S. (2026a, March 2). Taliban criminal code authorizes beating of wives as long as it does not “break bones.” Feminist Majority Foundation. https://feminist.org/news/taliban-criminal-code-authorizes-beating-of-wives-as-long-as-it-does-not-break-bones/

6. Hamidi, S. (2026b, February 2). Taliban’s new penal code codifies violence, obedience, and gender apartheid. Feminist Majority Foundation. https://feminist.org/news/talibans-new-penal-code-codifies-violence-obedience-and-gender-apartheid/

7. Joya, Z., & Levitt, T. (2026, March 12). “A few beatings won’t kill you”: judge rejects divorce request of woman abused by husband in Afghanistan. The Guardian. https://www.theguardian.com/global-development/2026/mar/12/a-few-beatings-wont-kill-you-judge-rejects-divorce-request-of-woman-abused-by-husband-in-afghanistan

8. Mohammad. (2026, January 28). Taliban ignore justice with new penal code. Hasht-e Subh. https://8am.media/eng/taliban-ignore-justice-with-new-penal-code/

9. PBS News Desk. (2021, August 30). A historical timeline of Afghanistan. PBS NewsHour; PBS. https://www.pbs.org/newshour/politics/asia-jan-june11-timeline-afghanistan

10. Sirat, Siyar. (2026, January 21). Rights group says Taliban court code legitimises violence. Amu TV. https://amu.tv/222549/

11. How the Taliban’s new criminal code penalises women. (2026, January 27). Rukhshana Media. https://rukhshana.com/en/how-the-talibans-new-criminal-code-penalises-women/

12. Progressive achievements of Afghan women and its catastrophic reversals by the Taliban. (n.d.). Feminist Majority Foundation. https://feminist.org/our-work/afghan-women-and-girls/afghanistan-since-the-taliban-takeover/