A new clause in Afghanistan’s criminal procedure framework has provoked controversy by confirming that men can physically abuse their spouses without penalty if the violence does not result in shattered bones or obvious open wounds.

The law is part of the Taliban’s amended Criminal Procedure Code for Courts, which Hibatullah Akhundzada signed on January 7, 2026.

Under Article 32, a spouse is only considered an offender if the beating results in a broken bone, an open wound, or leaves the woman “black and blue,” and only if the wife reports the matter to a judge.

According to the text, if these circumstances are met and a complaint is filed, a judge may sentence the husband to 15 days in prison.

In all other cases, the legislation basically allows domestic abuse with no legal ramifications.

The code also allows spouses to impose so-called discretionary sanctions, known as tazir, which reinforces male authority over women inside the court system.

Official translations verified by the Afghan Analysts Network, as well as Rawadari-leaked documents, have corroborated the provision.

International media and legal monitoring organisations like as CNN, JURIST, and Human Rights Watch have also reported on the situation. Rights organisations say that the law formalises violence against women and provides no genuine protection for victims of domestic abuse.

Since retaking power in 2021, the Taliban have systematically restricted women’s rights, prohibiting girls from pursuing secondary and higher education, limiting work opportunities, and restricting freedom of movement.

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