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Taliban's New Penal Code Legalizes Slavery and Further Suppresses Women

2/4/2026, 9:20:54 AM

Overview of the New Penal Code

The Taliban's recently adopted penal code, signed by supreme leader Hibatullah Akhundzada on January 7, 2026, has drawn widespread condemnation for legalizing slavery and instituting a class-based justice system in Afghanistan. This 119-article code explicitly distinguishes between "free persons" and "slaves," raising serious human rights concerns and reversing over a century of legal prohibitions against slavery in the country.

Implications for Women and Minorities

The new code significantly undermines the rights of women and minorities, further entrenching gender discrimination. Under Article 32, a husband who severely beats his wife may face only 15 days of imprisonment, while animal abuse can result in a five-month sentence. Mursal Sayas, an Afghan women's rights activist, highlighted that the code effectively places women in a position of vulnerability, reducing them to "slaves" within their homes. The United Nations Development Programme reports that only 6% of women are currently employed, exacerbating poverty levels, with 85% of Afghans living on less than one dollar a day.

Economic and Social Consequences

The economic strain on families has led to a surge in domestic violence, as men are held solely responsible for household expenses. The Taliban has also restricted women's access to contraception, further complicating the already dire economic situation. Healthcare workers have reported threats against those providing birth control, leading to increased cases of abuse-induced miscarriages. Sayas warned that the restrictions on women's roles in healthcare could result in a future shortage of essential medical professionals, as nearly 2.2 million girls have been barred from higher education.

International Reactions and Criticism

International human rights organizations, including Amnesty International, have condemned the new penal code as a form of "gender apartheid." Former UK Prime Minister Gordon Brown has described the Taliban's policies as potentially amounting to crimes against humanity. The United Nations has called for accountability measures against the Taliban, including defining gender apartheid as a crime under international law. However, some countries, such as Russia, China, and India, have strengthened diplomatic ties with the Taliban, complicating international responses.

Conflicting Reports and Gaps

While the Taliban's penal code has been met with significant backlash, there are conflicting reports regarding the internal dynamics within the Taliban leadership. Some sources indicate that divisions exist over policies related to education and women's rights, potentially threatening the regime's stability.

Verbatim Quotes

  • “The Taliban has now approved the return of slavery in Afghanistan. We must defund the Taliban,” — Jim Risch, U.S. Senate Foreign Relations Committee Chairman

Conclusion

The Taliban's new penal code marks a significant regression in human rights, particularly for women and marginalized groups in Afghanistan. By recognizing slavery as a legal status, the code not only violates international norms but also threatens the fundamental rights and dignity of Afghan citizens. The international community faces an urgent challenge in responding to these developments, as the situation continues to evolve under the Taliban's oppressive regime.