Taliban’s New Law Legalises Domestic Violence In Afghanistan, Bans Broken Bones Only & Jails Women Who Flee Abuse
In a move that has sent shockwaves through the international community, the Taliban has quietly enacted a sweeping new penal code that formally legalises the physical punishment of wives by their husbands, with the only condition being that it does not result in “broken bones or open wounds.”
The 90-page document, formally titled the “Criminal Procedure Code for Courts” (De Mahakumu Jazaai Osulnama) and signed by Supreme Leader Hibatullah Akhundzada on January 7, has been circulated to provincial courts across Afghanistan for implementation, effectively codifying domestic violence into law.
According to The Telegraph the new regulations not only permit physical discipline but also strip women of the ability to seek refuge from abuse, criminalising those who flee violent homes.
The ’15-Day Rule’: When a Beating Becomes a Crime
Under the provisions of the new code, the threshold for what constitutes a prosecutable offence against a husband has been set alarmingly high. Article 32 of the code outlines the specific conditions under which a man might face consequences.
According to Rawadari, a human rights organisation that exposed the document, criminal liability is only triggered when a husband beats his wife with a stick, and that act results in a severe injury classified as a wound or bodily bruising.
“Even in such cases, women bear the burden of proof before the judge and the resulting penalty is a fifteen days’ imprisonment.”
This effectively means that any form of physical violence that does not leave a visible mark or break a bone is legally permissible.
Rights groups warn that this stipulation provides men with legal cover to regularly and brutally “discipline” their wives without fear of prosecution. The law also fails to explicitly prohibit psychological violence, sexual violence, or other forms of physical abuse, leaving women vulnerable to a wide spectrum of attacks that fall just short of the arbitrary “broken bones” standard.
A Prison Sentence for Seeking Refuge
Perhaps one of the most draconian aspects of the new legislation is how it traps women in abusive situations by removing any legal avenue of escape. Clause 5 of Article 4 and Article 34 work in tandem to ensure that women remain under the complete control of their husbands.
The code explicitly states that if a woman visits her father or other relatives without her husband’s consent, or refuses to return home upon his demand, she is liable for a three-month prison sentence.
“Crucially, this legal liability extends to any family members who have facilitated her stay or prevented her return, thereby criminalizing the act of providing refuge to a female relative.”
This provision has effectively dismantled the traditional safety net of the family home. For a woman attempting to flee domestic violence, her parents’ house is no longer a sanctuary but a potential crime scene. Relatives who take her in now face the same three-month sentence, forcing them to choose between protecting their daughter or sister and staying out of prison.
The code requires women to appear fully covered before a male judge, accompanied by a male guardian—who, in cases of abuse, is often the husband himself—making the prospect of a fair hearing virtually impossible.
Since the Taliban’s takeover in 2021, the systematic erasure of women from public life has been well-documented. The UN Special Rapporteur on violence against women and girls has documented this systematic campaign, which includes barring girls from secondary education and excluding women from most forms of employment.
The Permanent People’s Tribunal for Women of Afghanistan in the Hague, Netherlands, ruled on December 11 2025, that these actions constitute crimes against humanity under the Rome Statute, describing it as a coordinated campaign “to erase women from public life and to restructure Afghan society around male supremacy.”
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The post Taliban Declares Men Can Beat Their Wives – As Long As They Don’t Break Bones – And Jails Any Woman Who Flees appeared first on iHarare News.
