Case Explained: Taliban justice ministry says opposing its laws is a crime – Legal Perspective

Taliban members in a parade in Paktia province on August 14, 2024.

The Taliban-run Justice Ministry said on Wednesday that opposing laws enacted by the Taliban amounts to opposing Islamic law and constitutes a crime, following widespread criticism of its newly endorsed penal code.

In a statement, the ministry said all legislation issued by the Taliban authorities was fully in line with Islamic law and had a religious basis.

“There is no article, clause or ruling in the legislative documents of the Islamic Emirate that is contrary to Islamic sharia or lacks a religious source,” the ministry said.

The statement said criticism of the laws had “no religious or scholarly basis” and was instead rooted in ignorance. It warned that objecting to Taliban laws was “religiously a crime” and that critics would be referred to Taliban judicial and legal bodies for prosecution.

The comments come amid growing scrutiny of the Taliban’s new penal code, which has drawn criticism from activists, legal experts and human rights groups.

Reviews of the code’s third chapter indicate provisions aimed at suppressing dissent and reinforcing patriarchal norms. Under the code, insulting Taliban officials is punishable by 20 lashes and six months in prison, while providing shelter to opponents can result in 39 lashes and up to five years’ imprisonment.

The code also prescribes prison sentences for individuals who abandon the Hanafi school of Islamic jurisprudence, with punishments of up to two years in jail.

Legal experts have warned that the code imposes harsher penalties on women than men in certain cases. Article 58 states that women who leave their religion and later return could face life imprisonment accompanied by corporal punishment every three days, according to their reading of the text.

Other provisions have also drawn criticism. Under Article 32, a husband who beats his wife would face a prison sentence of 15 days only if the violence results in visible injuries such as bruises or fractures, legal analysts said.

Human rights activists say the penal code undermines justice and fundamental rights and could institutionalise discrimination in Afghanistan’s society.

The penal code consists of a preamble, three sections, ten chapters and 119 articles and has been endorsed by the Taliban’s supreme leader. The Taliban have said it will be published in their official gazette.

The Taliban, who returned to power in 2021, say their laws are based on Islamic principles, but have not addressed specific criticisms raised by legal experts and rights groups.