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New Taliban provision permits domestic punishment, sets 15-day jail term threshold

  • Taliban law permits husband to punish wife without penalty unless bruises appear
  • Maximum punishment set at 15 days in jail if injuries are visible
  • Provision raises fresh concerns over women’s legal protection

29 Jan 2026

New Taliban provision permits domestic punishment, sets 15-day jail term threshold

The Taliban government in Afghanistan has enacted a controversial new criminal code that effectively permits a husband to physically punish his wife, prescribing jail only if the violence causes visible bruises or injuries. The legislation, was signed into law by Taliban supreme leader Hibatullah Akhundzada earlier this month.

Issued in January 2026, the criminal code spans three sections, 10 chapters and 119 articles, and has been circulated to courts across the country for implementation. Under the code, a husband may “punish” his wife with physical force; he faces a prison term of up to 15 days only if the beating results in visible bruises or fractures. Lesser forms of physical discipline that do not leave marks are reportedly not considered a crime under this provision. 

The code’s provisions have drawn sharp international criticism as part of a broader concern over rights under Taliban rule. Activists contend that the law undermines women’s safety and legal protection, especially in a context where other parts of the penal framework also criminalise women for social behaviours and restrict basic freedoms.

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