According to Rawadari, the new code includes three sections, ten chapters, and 119 articles, and its content raises serious concerns among human rights defenders, as it contradicts international human rights standards and principles of fair trial. The document lacks important rights such as the right to an attorney, the right to remain silent, and the right to compensation for damages, and it does not establish clear timeframes for punishments. Recognition and witness testimonies are named as the primary evidence of guilt, which, according to human rights defenders, significantly increases the risk of torture.
Rawadari also claims that the code intensifies discrimination against religious minorities. In particular, only followers of the Hanafi school are recognized as Muslims, while representatives of other sects and religions are effectively denied legal protection. Some articles of the code, according to Rawadari, may lead to criminal prosecution and even the killing of individuals accused of defending "false beliefs" or criticizing religious norms.
The document also introduces a class division in society: punishment for the same crimes varies depending on the social status of the accused—from "recommendations" for religious figures to imprisonment and corporal punishment for representatives of the "lower class." Some articles mention the term "slave," which, according to human rights defenders, violates international norms prohibiting slavery.
Furthermore, the code criminalizes dissent and criticism of the Taliban, establishing liability for condemning the decisions of the movement's leader, "insulting" the leaders of the "Taliban," and concealing information about regime opponents. Human rights defenders assert that several provisions effectively encourage vigilantism, allowing citizens to punish "sinners."
The report also emphasizes provisions related to violence against women and children. Rawadari points out that the document allows a wide range of physical violence, minimally limiting liability for beating children and wives, and introduces criminal penalties for women leaving the house without their husband's permission.
Against this backdrop, human rights defenders remind that in July 2025, the International Criminal Court issued arrest warrants for the leaders of the "Taliban."
