Taliban’s New Court Code Sparks Global Outrage Over Alleged Legalization of Slavery in Afghanistan
Taliban’s New Judicial Code Appears to Legalize Slavery and Institutionalize Inequality in Afghanistan
Kabul, Afghanistan — A controversial legal development in Afghanistan has sparked deep concern among human rights organisations and international observers after the Taliban’s judicial authorities enacted a new criminal procedure code that appears to legalize the concept of slavery and formalize sweeping discriminatory practices, according to documents reviewed by rights groups and confirmed by the X account of XCoinvo, later cited by hokanews.
The new set of legal provisions, introduced in early January and circulated to courts across Taliban-controlled Afghanistan, has drawn harsh criticism from domestic and international legal experts. Observers warn that the law’s language and structure could institutionalize violations of fundamental human rights, erode due process, and establish social stratification within the Afghan legal system.
While Afghanistan’s modern legal order historically abolished slavery almost a century ago, the latest developments in the Taliban’s criminal code have reignited intense debate and global alarm about the direction of the country’s legal and moral governance in 2026.
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| Source: XPost |
What Is the Taliban’s New Criminal Procedure Code?
The document in question, formally titled the Criminal Procedure Code for Courts, consists of 119 articles divided into three main sections and ten chapters. Since its approval by the Taliban’s supreme leader, the code has been disseminated to provincial judicial bodies for implementation.
Human rights organisations that have obtained and analysed the full text report that several articles in the code explicitly reference legal categories such as “free” and “slave,” a terminology which, in legal contexts, signals recognition of slavery as a legitimate societal status. Slavery is universally prohibited under international law without exception, and any formal legal recognition of it directly contradicts established global norms and conventions, according to critics.
The use of terms such as “slave” in official law has alarmed scholars and rights advocates who point out that such language is incompatible with the right to human dignity, equality before the law, and fundamental freedoms enshrined in international human rights frameworks.
Legal Recognition of Slavery: What the Code Says
Several sections of the new code make reference to a hierarchy of legal status, including provisions in which punishment for a crime is differentiated depending on whether the accused is referred to as “free” or “slave.” In one section of the code, it is stipulated that for crimes where no fixed punishment has been defined, a discretionary penalty may be applied “whether the offender is free or a slave.” Moreover, language within the code indicates that the implementation of such punishments could be carried out not only by official judicial authorities but by husbands and “masters,” reinforcing historical concepts of hierarchical control that resemble the institution of slavery.
Legal specialists warn that this text does more than simply classify individuals; by embedding such categories within law, the Taliban’s criminal procedure code risks normalizing a legal interpretation in which unequal status is legislated and enforced. Such legal recognition of slavery — even if couched within highly specific procedural contexts — would mark a sharp regression from nearly a century of international prohibition and Afghan law that abolished slavery in the early 20th century.
A Hierarchical Justice System with Distinct Classes
In addition to the troubling language regarding slavery, the code appears to institutionalize a class-based system of justice. One of the most controversial aspects is a provision that divides Afghan society into four distinct categories: religious scholars (ulama or clerics), the elite, the middle class, and the lower class.
Under the new framework, the legal punishment for the same offence is not based on the nature or gravity of the act but instead is determined by the social status of the accused. For instance, if a religious scholar commits a criminal act, the consequence may be limited to informal admonition. Those classified as middle class could face imprisonment, while individuals from the lower class may be subjected to both imprisonment and corporal punishment for the same action.
Such hierarchical distinctions in sentencing underscore deep inequalities that critics argue are fundamentally incompatible with basic principles of justice and equality before the law. Legal observers describe this structure as a dramatic departure from universally recognised legal norms that emphasize fair and equal treatment in judicial proceedings.
Erosion of Due Process and Legal Protections
Beyond the implications for slavery and class-based punishment, the new criminal code reportedly strips away several core legal protections that are essential to due process. Analysts and rights groups note that the law does not guarantee the right to legal representation, the right to remain silent, or protections against arbitrary detention.
In many instances, confessions and testimonies are heavily weighted in judicial proceedings in place of structured investigations, raising serious concerns about the fairness and independence of the courts. The broad discretion granted to judges to define offences — including vague moral categories such as “gatherings of corruption” or unspecified “immoral” acts — further amplifies the risk of arbitrary arrests and punitive rulings.
Human rights organisations argue that these expansive and ill-defined legal categories could be used to suppress dissent, target religious and ethnic minorities, and justify severe punishment for peaceful behaviour that does not conform to the Taliban’s interpretation of social norms.
Impact on Women, Children, and Marginalised Groups
The new legal regime is also expected to have disproportionately harsh consequences for women and children. Critics point out that the code’s provisions concerning family matters appear to condone corporal punishment and fail to offer legal avenues for victims of abuse to seek redress. Under specific articles, for example, physical punishment that does not result in visible injury may not be considered criminal, effectively allowing certain forms of domestic violence to go unpunished.
Children’s rights advocates also express worry that the code’s limited protections against physical, psychological, or sexual violence do not meet basic international standards for child welfare and safety. Without clear legal safeguards, children may be at heightened risk of exploitation and abuse.
Afghanistan already faces severe challenges related to child labour, forced recruitment, and exploitation, with multiple reports highlighting that existing laws prior to the Taliban’s takeover in 2021 were insufficient and enforcement mechanisms have since eroded. The presence of a judicial code that offers little protection against these forms of abuse risks exacerbating an already critical situation.
Global Reactions and International Condemnation
The apparent codification of slavery and discriminatory legal practices has prompted significant international reaction. U.S. lawmakers have publicly condemned the Taliban’s new judicial code, asserting that it signals a return to practices long abolished from Afghan law and international legal standards. A senior U.S. Senator described the approval of the code as evidence of the Taliban’s regression and called for international pressure to be applied to the de facto authorities.
United Nations officials and global human rights bodies have also raised concerns, highlighting the code’s potential to institutionalize gender-based discrimination, suppress freedom of expression, and erode protections for vulnerable groups. Allegations that the legal text grants immunity or privilege to religious leaders and marginalizes ordinary citizens have further fueled criticism.
International legal scholars underscore that the explicit recognition of slavery-like status within law — even if framed within procedural contexts — contravenes universally accepted norms that categorically prohibit slavery, forced labour, and other practices involving human domination or exploitation.
What This Means for Afghanistan’s Future
The adoption and implementation of this new criminal procedure code mark a pivotal moment in Afghanistan’s legal and political trajectory. Experts argue that the legal framework not only reflects a sharp departure from global human rights standards but also risks entrenching systems of inequality and social control that could have long-term consequences for Afghan society.
Civil liberties groups warn that without robust legal safeguards and transparency, ordinary citizens could find themselves at the mercy of laws that sanction discrimination, suppress dissent, and institutionalize violence. In a country already grappling with economic hardship and political instability, such legal shifts could further destabilize social cohesion.
Efforts by the international community to engage with the Taliban on humanitarian grounds continue, but human rights organisations insist that any diplomatic or economic engagement should be conditioned on verifiable steps to protect individual freedoms and revoke provisions that legitimize slavery and discrimination.
Conclusion
The unfolding legal changes in Afghanistan have sent shockwaves through human rights and legal communities around the world. At the heart of the controversy is a criminal code that appears to afford legal legitimacy to terms and frameworks associated with slavery, class-based punishment, and systemic discrimination.
While the full impact of the code’s implementation remains to be seen, its language and structure represent one of the most concerning legal developments in Afghanistan in recent decades. As critics continue to scrutinize the code and call for international accountability mechanisms, Afghanistan stands at a crossroads between preserving fundamental human rights and entrenching deeply unequal systems of justice.
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