The Taliban administration in Afghanistan has formally introduced a new judicial framework by enforcing a 119-article “Criminal Justice Code,” marking a major step toward structuring the country’s court system under codified legal provisions.
According to the official gazette issued by the Taliban Ministry of Justice, the code was approved by Supreme Leader Hibatullah Akhundzada and has now been implemented across the country’s judicial institutions.
Three-Tier Punishment System
The new legal framework categorizes punishments into three main sections: Hudud, Qisas, and Tazir. Hudud covers fixed punishments derived from religious interpretations, Qisas refers to retributive justice or “equal retaliation,” while Tazir allows discretionary sentencing by judges or the state.
Officials say this structure reflects the Taliban’s judicial approach, combining religious interpretations with formal state enforcement mechanisms.
Sentencing Based on Social Class
A notable feature of the code is the differentiation of punishments based on social categories. Under the provisions, scholars and higher social groups may receive warnings or advice, while tribal elders and traders may only be summoned and informed.
By contrast, individuals from lower social classes may face imprisonment or corporal punishment, including flogging, according to judicial discretion outlined in the code.
Religious and Administrative Offenses
The code prescribes strict punishments for religious offenses, including the death penalty for blasphemy, though repentance may reduce the sentence to imprisonment. Apostasy and other religious violations are also subject to lengthy detention.
Administrative offenses, such as disobeying the Supreme Leader’s directives, may result in dismissal from government positions.
Social Restrictions and Criminal Offenses
The legislation also addresses social conduct, including bans on entertainment gatherings, strict penalties for drug-related offenses, and punishments for acts deemed immoral under the legal framework.
Allegations related to superstition, including the “evil eye,” are also included within the scope of offenses, reflecting the broad nature of the new legal system.
Drug Control and Judicial Accountability
The code introduces strict penalties for drug cultivation, trafficking, and distribution, with prison terms ranging from months to several years depending on severity.
It also holds judges accountable for unnecessary delays in legal proceedings, prescribing penalties for judicial inefficiency under the new system.
