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Taliban Criminal Code Formalizes Discrimination Against Religious Minorities, Rights Group Says

KABUL, AFGHANISTAN – A newly approved Taliban criminal code formalizes discrimination against religious minorities, restricts fundamental freedoms, and allows arbitrary detention and punishment, a London-based human rights group has warned.

In a statement on Wednesday, Rawadari said it obtained a copy of the “Criminal Procedures Code of the Taliban Courts,” recently approved by Taliban leader Hibatullah Akhundzada and distributed to judicial bodies across the country for implementation.

The code, consisting of three sections, 10 chapters, and 119 articles, “conflicts directly with international human rights standards and principles of fair trial,” Rawadari said. The group added that it does not guarantee access to a defence lawyer, the right to remain silent, or the right to compensation, nor does it provide other basic protections for a fair trial.

Rawadari highlighted provisions classifying non-Hanafi Sunni Muslims and followers of beliefs differing from “Ahl al-Sunnah wa al-Jama‘ah” as “innovators” (practitioners of bid‘ah). The group said this discriminatory classification targets religious minorities in Afghanistan, including Twelver Shiites, Ismailis, Ahl-e Hadith adherents, Sikhs, and Hindus.

The group also noted that the code labels “rebels” as “agents of corruption” whose harm is “public” and who “cannot be reformed without execution,” a clause Rawadari said could enable extrajudicial killings of opponents, critics, and activists without due process. Another provision allows any Muslim to punish those seen committing sins, giving broad authority to individuals and Taliban-aligned clerics.

Rawadari said the code also recognizes social hierarchies and slavery, categorizing people as “scholars,” “nobles,” “middle class,” “lower class,” “free,” and “slave.” It further criminalizes criticism of the Taliban, increases corporal punishment, and risks institutionalizing violence against women and children by only prohibiting some forms of physical harm while ignoring psychological and sexual abuse.

Without independent oversight, the group warned, implementation would likely increase human rights violations, repression, and lawlessness, serving as a legal tool for organized abuses.

Rawadari called for the immediate suspension of the code and urged the international community, the United Nations, and other relevant bodies to take all legal measures to prevent its enforcement. The group said it would continue monitoring the implementation of the code and report on its human rights impacts to media, international organizations, and Afghan citizens.

The Taliban have not commented on the report and have previously said their laws and policies are based on their interpretation of Islamic law.