The document does not include rights to an attorney, the right to remain silent, or compensation for damages
The human rights organization Rawadari has published the text of the "Criminal Code of the Taliban Courts," which was signed by the movement's leader Mullah Hibatullah and sent to the provinces for use in the judicial system, reports The Insider.
The code consists of three sections, 10 chapters, and 119 articles, which, according to human rights defenders, seriously violate international human rights standards and principles of fair trial. It lacks rights to an attorney, the right to remain silent, and the right to compensation for damages. Minimum and maximum penalties are not established, and the main evidence of guilt consists of confessions and witness testimonies, which Rawadari believes significantly increases the likelihood of torture being applied.
The code enshrines discrimination against religious minorities. Article 2 recognizes only followers of the Hanafi school as Muslims, while adherents of other sects and beliefs are referred to as "innovators." In a country where Shiites, Ismailis, followers of the "Ahl al-Hadith" movement, Sikhs, and Hindus live, this creates a threat of mass persecution. Article 14 permits the killing of those who "defend false beliefs" or call for them, with the imam's sanction. Article 17 punishes "mockery" of Islamic prescriptions with two years of imprisonment without a clear definition of the term, while Article 26 prohibits Hanafis from changing schools under the threat of two years in prison, which, as human rights defenders emphasize, primarily threatens Salafis and supporters of "Ahl al-Hadith."
The code also criminalizes dissent and criticism of the Taliban. Article 19 establishes punishment for committing an "allowed action" that has been declared prohibited by the Taliban leader, as well as for criticizing such a ban. Rawadari points out that this could lead to criminal prosecution for disagreeing with the ban on women's education. Article 23 prescribes 20 lashes and six months in prison for "insulting Taliban leaders." Article 24 obliges citizens to inform on regime opponents, with up to two years of imprisonment for silence. Article 2 defines a "rebel" as one whose "harm is public and cannot be corrected except by killing," while Article 4 gives any Muslim the right to punish a "sinner" caught in the act.
Human rights defenders also emphasize provisions regarding violence against women and children. Article 30 only prohibits teachers from forms of physical violence that lead to fractures or bruises, while other types of violence, including psychological and sexual, are not mentioned. Article 32 imposes a punishment of 15 days in detention for a husband who beats his wife, leading to serious injuries—only if the wife can prove it in court. Meanwhile, Article 34 prescribes three months in prison for a woman who leaves the house without her husband's permission, and for relatives who do not return her.
It should be noted that in July 2025, the International Criminal Court issued arrest warrants for the leaders of the "Taliban"—supreme leader Haibatullah Akhundzada and the chief judge of the "Islamic Emirate of Afghanistan," Abdul Hakim Haqqani. The judge determined that they are involved in crimes "against humanity, including persecution on gender grounds against girls, women, and other individuals not conforming to the Taliban's policies on gender, gender identity, or self-expression."
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